20080675 Ver 2_401 Application_20080708

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
July 30, 2008
Mr. David Baker
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Ammons Mountain Properties, Inc.
Traditions
Madison County, North Carolina
Mr. Baker and Ms. Karoly,
00 C) lo 15 V
JUL MOM rm 0"--a
A ugo'M 'I
s r 2008
DIM - WATP'k QUALII Y
WETLANDS AND STORKNJATER BRAN,"
IP A I
The attached Individual Permit application is being submitted on behalf of Mr. Judd Ammons of
Ammons Mountain Properties, Inc. Ammons Mountain Properties, Inc. currently owns
approximately 400 acres northeast of Mars Hill in Madison County, North Carolina and is
seeking permit authorization for impacts associated with construction of a residential
development, known as Traditions.
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828-698-9800. A copy of this package has
been sent to Mr. David McHenry of the NC Wildlife Resources Commission and Mr. Bryan
Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also
been submitted to Ms. Starr Silvis of the NC Division of Water Quality, Asheville Regional
Office.
Respectfully,
&LN 'n
Rbkewton
Project Biologist
Copy Furnished:
NC Division of Water Quality - Starr Silvis
NC Wildlife Resources Commission - David McHenry
US Fish and Wildlife Service - Bryan Tompkins
R. Clement iddle, P.W.
Principal
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
D8- 0LoIS V 2
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO.0710-003
33CFR 325 Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or
ther aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service
o
e
torate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and
le
Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed
applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the
United States, the discharge of dredged or fill material into waters of the Untied States, and the transportation of dredged material for the purpose of dumping it into
ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information
is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample
drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed
in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4.DATE APPLICATION RECEIVED
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME & TITLE (an agent is not required)
Ammons Mountain Properties, Inc. C1earWater Environmental Consultants, Inc.
ATTN: Mr. Judd Ammons ATTN: R. Clement Riddle
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
140 Ammons Drive 718 Oakland Street
Raleigh, North Carolina 27615 Hendersonville, North Carolina 28792
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence N/A a. Residence N/A
b. Business [phone]
0 b. Business [phone]
11. STATEMENT OF AUTHORIZATION
I hereby authorize, R. Clement Riddle and ClearWater Environmental Consultants, Inc., to act on my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
See Agent Authorization form.
APPLICANT'S SIGNATURE DATE
12. PROJECT NAME OR TITLE (see instructions)
Traditions
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Crooked Creek and Paint Fork 14. PROJECT STREET ADDRESS (if applicable)
Crooked Creek Road (entrance to north side)
Bradley Branch Road (entrance to south side)
15. LOCATION OF PROJECT
The project site is located northeast of Mars Hill in Madison County, North
Carolina.
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
The site is located northeast of Mars Hill in Madison County, North Carolina. In general, the site is border to the north by Crooked Creek, to the south by Paint Fork, to
the east by Paint Fork Road, and to the west by Fort Gap and the headwaters of Walker Branch. Broomstraw Mountain runs perpendicularly through the center of the
property.
17. DIRECTIONS TO THE SITE
To access the site from Asheville, take future 1-26 North (US Highway 19/23 North) to Exit 9 (US Highway 19). Turn right onto NC Highway 19 north and continue
approximately 2.4 miles to Crooked Creek Road on the right. Turn right onto Crooked Creek Road and continue approximately 0.8 mile to the subdivision entrance on
the right.
r---n nn n
JUI. 3 1 2006
DEW - WATER QUALITY
WETLANDS AND STORMWATER BRW"
E
C
18. Nature of Activity (Description of project, include all features)
The project will include the development of a residential community; and all associate infrastructure and attendant features. Impacts at the site will include
the construction of a dam and subsequent flooding. See attached description.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The basic project purpose of the proposed development at Traditions is to provide residential housing and amenities. More specifically, the overall project
purpose of the proposed development at Traditions is to develop a viable, upscale, residential, community with a small pond amenity in Madison County,
North Carolina.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Construction of the proposed dam will require minor discharge of fill into a jurisdictional channel. See attached description
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Material being discharged will be in the form of fill dirt and culverts. Only clean fill material, absent of debris, will be utilized on site. Approximately 60
linear feet of culvert will be installed in association with construction of the dam. Approximately 355 linear feet of stream channel will be flooded.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Approximately 60 linear feet of stream channel will be impacted by construction of a dam and approximately 355 linear feet of stream channel will be
flooded. See attached description.
23. Is Any Portion of the Work Already Completed? Yes ? No ® IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attached
a supplemental list).
See attached list.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL* IDENTIFICATION # DATE APPLIED DATE APPROVED DATE DENIED
NCDENR E and S Phase 1 MADIS-2008-006 10/25 and 30/07 10/30/07
NCDENR E and S-Phase 1 mod MADIS-2008-006 12/18/07 01/03/08
NCDENR E and S-Phase 1 mod MADIS-2008-006 02/06/08 02/11/08
NCDENR E and S-Phase 2 MADIS-2008-010 03/17/08 03/26/08
NCDENR E and S-Phase 2 mod MADIS-2008-010 04/03/08 06/30/08
NCDOT Driveway Permit 10/10/07
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that 1 possess the authority to undertake the work described herein or am acting as the duly
authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if
the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
0
CLEARWATER ENymoNWNTAL CONSULTANTS, INC.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize Clearwater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
• CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ.
Property Owner of Record: A M M o wt S M oN "TAI N 'OftOPQr-Tt E5 loc.
Property Owner Address: 140 A.mtA*# s t7R 1%/E
V.& .6140. Ne. 27GtS
Phone number: "? I l) - 847 - SA4.,0
Property Location:
Owner/Managing partner Si
Date:
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Adjacent Land Owners for
• Traditions
PIN# 9778003003
Gregory Honeycutt Steven Penland Jason Penland
PO Box 3438 PO Box 1822 PO Box 1822
Mars Hill, NC 28754 Mars Hill, NC 28754 Mars Hill, NC 28754
PIN#977762860 PIN#9777175418 PIN#9777177503
Ronnie Robinson Bill & Beatrice Clark John Owen
463 Bradley Branch Rd 2079 Walker Branch Rd PO Box 1529
Mars Hill, NC 28754 Mars Hill, NC 28754 St. Petersburg, FL 33731
PIN#9777173897 PIN#9767975944 PIN#9767894947
Damon Franklin Paul Newton Cecil Lockett
PO Box 17176 PO Box 189 103 Goldenrod Dr.
Asheville, NC 28816 Pulaski, TN 38478 Cary, NC 27513
PIN#9768904669 PIN#9768816413 PIN#9768822033
Kathy Smith K.E. Buckner Polly Briggs
20 Asddlefield Circle 161 N. Main Street 312 Crestview Dr.
• Cartersville, GA 30121 Mars Hill, NC 27360 Thomasville, NC 27360
PIN#9768723826 PIN#9768734409 PIN#9768842045
Clifford Riddle Lloyd & Rita Burleson Orla Roberts
414 Crook Creek Rd 600 Crook Creek Rd 601 Crook Creek Rd
Mars Hill, NC 28754 Mars Hill, NC 28754 Mars Hill, NC 28754
PIN#9768831478 PIN#9768838875 PIN#9768859505
E.G. & Maxine Hill 999 Corp., A Florida Corporation Weldemar Metcalf
821 Crook Creek Rd 1785 NE 123rd St 36 Saley Church Rd
Mars Hill, NC 28754 North Miami, FL 33181 Weaverville, NC 28787
PIN#9768957701 PIN#9778069501 PIN#9778138452
Pauline Lunsford Ray Anders Marie Buckner
PO Box 117 3438 Paint Fork Rd 939 Old Mtn Rd.
Weaverville, NC 28787 Mars Hill, NC 28754 Mars Hill, NC 28754
PIN#9778317097 PIN#9777499420 PIN#9777480501
No Name/ No Address
PIN# 97777176068, 977166852,
9777178243,9777458778
0
0 Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Traditions
2. Name of Property Owner/Applicant: Ammons Mountain Properties, Inc.
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): none
5. Site Address: Crooked Creek Road and Bradley Branch Road
6. Subdivision Name: Traditions
7. City: Mars Hill
8. County: Madison
9. Lat: 35.850038N Long: 82.474181W (Decimal Degrees Please)
10. Quadrangle Name: Barnardsville
11. Waterway: Crooked Creek and Paint Fork
12. Watershed: Upper French Broad 06010105
13. Requested Action:
Nationwide Permit #
General Permit #
Jurisdictional Determination Request
Pre-Application Request
X Individual Permit
• .................... ..............................................................................................................................
The following information will be completed by the Corps office:
AID:
Prepare File Folder
Assign number in ORM
Begin Date
Authorization:
Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
0
•
Individual Permit Application for
U.S. Army Corps of Engineers
Section 404 Permit
North Carolina 401 Water Quality Certification
Traditions
•
July 2008
Applicant:
Ammons Mountain Properties, Inc.
Attn: Judd Ammons
140 Ammons Drive
Raleigh, North Carolina, 27615
Prepared By:
C1earWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina, 28791
828-698-9800

TABLE OF CONTENTS
L
IST OF FIGURES ...................................................................................................... 2
1.0 ..............
INTRODUCTION TO PROJECT .......... ...
3
.........................................................................
1.1 Project Location ..................................................................................................................................... ... 3
1.2 Jurisdictional Waters .............................................................................................................................. ... 3
2.0 BACKGROUND/PRIOR PROJECT HISTORY ................................... 5
3.0 ........................
EXISTING SITE CONDITIONS ................................................
.
6
3.1 .
...................................
Soils ...........................................................................................................................................................7
3.2 Fish and Wildlife Use of the Project Site ............................................................................................... ... 7
3.3 Threatened and Endangered Species ....................................................................................................... .. 7
3.4 Cultural Resources .................................................................................................................................. .. 8
4.0 PROJECT PURPOSE ................................................................. 9
.................................... ..
5.0 PROPOSED PROJECT DEVELOPMENT ............................................ 10
5
1 ......................
Pond Im
acts
. p
........................................................................................................................................... 10
6.0 DISCUSSION OF ALTERNATIVES .......................................... 11
6.1 ..................................
Avoidance and Minimization .................................................................................................................. 12
6.2 Alternatives Conclusion .......................................................................................................................... 17
7.0 CONCEPTUAL MITIGATION PLAN ............................................. 19
7.1 ............................
Stream and Wetland Preservation ........................................................................................................... 19
7.2 NC Ecosystem Enhancement Program (EEP) ......................................................................................... 19
7.3 Summary ................................................................................................................................................. 19
8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES ........ 21
8.1 Factual Determination ............................................................................................................................. 21
8.2 Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem ........................ 21
8.3 Potential Impacts to Biological Characteristics of the Ecosystem ........................................................... 23
• 8.4 Potential Impacts on Special Aquatic Sites ............................................................................................. 24
8.5 Potential Effects on Human Use Characteristics ..................................................................................... 25
8.6 Summary ................................................................................................................. .....
........................... 26
9.0 PUBLIC INTEREST CONSIDERATIONS ......................................
27
1
9 ............................
Conservation
. ............................................................................................................................................ 27
9.2 Economics ............................................................................................................................................... 28
9.3 Aesthetics ................................................................................................................................................ 28
9.4 General Environmental Concerns .............................................................. 28
9
5 ..............................................
Wetlands
. .................................................................................................................................................. 28
9.6 Historic Properties ................................................................................................................................... 28
9.7 Fish and Wildlife Values ......................................................................................................................... 29
9.8 Flood Hazards ......................................................................................................................................... 29
9.9 Floodplain Values ................................................................................................................................... 30
9.10 Land Use ................................................................................................................................................. 30
9.11 Navigation ............................................................................................................................................... 30
9.12 Shore Erosion and Accretion ................................................................................................................... 30
9.13 Recreation ............................................................................................................................................... 30
9.14 Water Supply and Conservation .............................................................................................................. 31
9.15 Water Quality (Stormwater Management) .............................................................................................. 31
9.16 Energy Needs .......................................................................................................................................... 31
9.17 Safety ....................................................................................................................................................... 31
9.18 Food and Fiber Production ........................................................................ 31
9
19 ..............................................
Mineral Needs
. ......................................................................................................................................... 31
9.20 Considerations of Property Ownership ................................................................................................... 31
9.21 Needs and Welfare of the Public ............................................................................................................. 32
10.0 SECONDARY AND CUMULATIVE EFFECTS .........................................................33
. 11.0 SUMMARY ......................................................................................................................34
0 LIST OF FIGURES
Figure 1 Site Vicinity Map
Figure 2 USGS Topographic Map
Figure 3 Soils Map
Figure Set 4 Site Plans
Figure 5 Floodplain Maps
LIST OF APPENDICES
Appendix A Water Quality Monitoring and Sampling Protocol
Appendix B Background/Prior Project History Documents
Appendix C Jurisdictional Determination Information
Appendix D EEP Correspondence
•
0
1.0 INTRODUCTION TO PROJECT
• The applicant, Ammons Mountain Properties, Inc., proposes to develop a low-density,
residential community that will be known as Traditions. The community will be master
planned with 155 lots on approximately 400 acres northeast of Mars Hill in Madison
County, North Carolina. The community will include single-family home sites and a
pond.
1.1 Project Location
The Traditions project site is located northeast of Mars Hill in Madison County,
North Carolina. To access the site from Asheville, take future I-26 North (US
Highway 19/23 North) to Exit 9 (US Highway 19). Turn right onto NC Highway
19 north and continue approximately 2.4 miles to Crooked Creek Road on the
right. Turn right onto Crooked Creek Road and continue approximately 0.8 mile
to the subdivision entrance on the right. In general, the site is bordered to the
north by Crooked Creek, to the south by Paint Fork, to the east by Paint Fort
Road, and to the west by Fort Gap and the headwaters of Walker Branch.
Broomstraw Mountain runs perpendicularly through the center of the property. A
site vicinity map (Figure 1) and USGS topographic map (Figure 2) are attached
for review. Latitude and longitude for the site are 35.850028 N and 82.47418 W,
respectively.
1.2 Jurisdictional Waters
• Tributaries on site include Crooked Creek and unnamed tributaries; and unnamed
tributaries to Paint Fork. All tributaries within the Traditions project boundary
are tributaries to Middle Fork. Middle Fork is a tributary to Little Ivy Creek,
which is a tributary to Ivy Creek. Ivy Creek is a tributary to the French Broad
River, which is a navigable-in-fact water at the Wilson Bridge east of Brevard.
Unnamed tributaries to Paint Fork make up the largest hydrologic system on site;
the unnamed tributaries are classified by the NC Division of Water Quality
(DWQ) as Watershed Water Supply II (WS-II) and High Quality Waters (HQW).
Unnamed tributaries to Crooked Creek make up the rest of the hydrologic system
on site; these unnamed tributaries are also classified as WS-II and HQW.
There are several wetlands located on site. The majority of these wetlands have
been identified as wetland seeps and are at the head of jurisdictional channels or
adjacent to their associated channels.
There is one on-line pond located within the property boundary; it is north of the
existing houses, south of the existing tobacco barn, and west of the existing
driveway.

3
The table below summarizes the amounts of jurisdictional waters on site.
On-site Totals
Feature Amount Unit
Stream 10,913 linear feet
Wetlands 0.52 acres
Open Water 0.07 acres
An "Existing Site Conditions" section (Section 3.0) has been included in this
application for review and further describes the jurisdictional waters on site.
•
•
4
s
1]
2.0 BACKGROUND/PRIOR PROJECT HISTORY
On February 6, 2008, an on-site pre-application meeting was held to discuss the proposed
project; Mr. David Baker of the US Army Corps of Engineers (Corps), Mr. Kevin Barnett
of the DWQ, and Mr. David McHenry of the NC Wildlife Resources Commission
(WRC) were in attendance. On April 2, 2008, C1earWater Environmental Consultants,
Inc. (CEC) submitted a document entitled "Water Quality Monitoring and Sampling
Protocol for Reference Impoundments" to the DWQ. Ammons Mountain Properties, Inc.
sought approval of the proposed plan so that required data sampling and collection could
begin on May 1, 2008. The plan was revised on April 28, 2008 and approved by the
DWQ. A copy of this plan is included for review (Appendix A). Water quality sampling
will continue through September. A Nationwide Permit application for road crossings
associated with the development at Traditions was submitted to the Corps and the DWQ
on April 8, 2008; the pond was not included in this application. On April 15, 2008, the
DWQ issued a "Request for More Information" regarding project imperviousness,
building envelopes, stormwater management plan approval, and impact clarification.
CEC responded to the "Request for More Information" on May 13, 2008. On May 29,
2008, the Corps issued a letter requesting that all impacts (road crossings and pond) be
applied for concurrently though an Individual Permit application. On May 15, 2008, the
DWQ issued a "Request for More Information" requiring that the pond and road crossing
be applied for concurrently. On June 25, 2008, the DWQ issued a "Return of
Application" which retired the nationwide permit application submitted on April 8, 2008.
documents mentioned above are included for review (Appendix B). In the table below is
a summary of the most complete project history available to ClearWater Environmental
Consultants, Inc. (CEC).
Date Action
February 6, 2008 Pre-application meeting
April 2, 2008 Water quality sampling protocol
submitted
April 8, 2008 Nationwide permit submitted
April 15, 2008 "Request for More Information"
issued by the DWQ
April 28, 2008 Revised water quality sampling
protocol submitted and approved
May 13, 2008 CEC response to "Request for
More Information
May 15, 2008 Second "Request for More
Information issued by the DWQ
May 29, 2008 Request for IP issued by Corps
June 25, 2008 "Return of Application" issued by
the DWQ

5
3.0 EXISTING SITE CONDITIONS
Traditions is forested, with the exception of portions of the northern and southern
portions of the property, which contains old home sites, outbuildings, a pond, and
maintained lawn. There is a small road network on either side of the ridge; however,
there is not a road over the ridge. The Mixed Mesic Forest community type dominants
the landscape. This forest type occupies rich, acidic, moist, well-drained sites and
contains the most diverse plant communities in the Southeast. The dominant tree species
are American beech (Fagus grandifolia) and oaks, specifically northern red oak (Quercus
rubra) and white oak (Quercus alba). Other tree species that are abundantly common in
these forests include: ash (Fraxinus spp), hickory (Carya spp), Fraser's magnolia
(Magnolia fraseri), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera),
hemlock (Tsuga spp), and buckeye (Aesculus spp). All of these tree species were
observed within the Traditions project boundary. This forest type also has a very diverse
shrub and herbaceous layer. Species observed at this site include heart's-a-bustin'
(Euonymus americanus), mountain laurel (Kalmia latifolia), pepperbush (Clethra
acuminata), ironwood (Carpinus caroliniana), rhododendron (Rhododendron spp),
spicebush (Lindera benzoin), wild hydrangea (Hydrangea arborescens), black cohosh
(Cimicifuga racemosa), bloodroot (Sanguinaria canadensis), doll's eye (Actaea
pachypoda), false Solomon's seal (Maianthemum racemosa), galax (Galax spp),
jewelweed (Impatiens capensis), mayapple (Podophyllum peltatum), Christmas fern
(Polystichum acrostichoides), liverleaf (Hepatica americana), and alumroot (Heuchera
americana).
Streams on site include Crooked Creek and unnamed tributaries; and unnamed tributaries
to Paint Fork. There are approximately 2 miles of stream channel within the property
boundary. In general, unnamed tributaries to Crooked Creek flow south to north and
unnamed tributaries to Paint Fork flow north to south. In general, Crooked Creek and
Paint Fork flow east to west and eventually into the French Broad River via Middle Fork,
Little Ivy Creek, and Ivy Creek. The French Broad River is a navigable-in-fact water at
the Wilson Bridge east of Brevard. The majority of streams within the Crooked Creek
drainage area are bordered by mature riparian forests. Riparian areas along the main
stem of Crooked Creek and the tributary adjacent to the existing drive have been
impacted; Crooked Creek has minimal riparian area through the property. The majority
of streams within the Paint Fork drainage area are bordered by mature riparian forests.
Riparian areas along the stream adjacent to the existing drive (Bradley Branch Road)
have been impacted by the road and residential development; riparian areas along this
section of stream are absent.
Stream channels were delineated by CEC in October and November of 2007. Streams
and wetlands are identified on the enclosed site plan maps; and associated data forms
completed by CEC are included for review (Appendix C).
There are several wetlands located on site. The majority of these wetlands have been
identified as wetland seeps and are at the head of jurisdictional channels or adjacent to
• their associated channels.
6
• One impoundment exists on site. This pond impounds an unnamed tributary to Crooked
Creek and is approximately 0.07 acres. The pond is located north of the existing houses,
south of the existing tobacco barn, and west of the existing driveway. Significant
amounts of sediment have accumulated in the pond and the dam appears to be damaged.
3.1 Soils
The Traditions project site is located within the Mountain physiographic region of
North Carolina and more specifically the Southern Crystalline Ridges and
Mountains Ecoregion. Soil series present on site include: Braddock, Clifton,
Evard - Cowee complex, French, Mars Hill - Walnut complex, Rock Outcrop -
Oteen complex, Tate, Tocane - Tusquitee complex, Tusquitee - Tocane complex,
Unisom, and Walnut - Oteen - Rock Outcrop complex. A soils map and legend
have been attached for review (Figure 3).
3.2 Fish and Wildlife Use of the Project Site
Wildlife species inhabiting the site include those typically found in the forest
types of the region previously described. Although site-specific studies and
inventories documenting species utilization of the Traditions project area have not
been conducted, general observations of fish and wildlife use were recorded
during on-site meetings and field visits.
3.3 Threatened and Endaneered Species
• CEC has conducted a file review of records maintained by the US Fish and
Wildlife Service (FWS) and North Carolina Natural Heritage Program (NHP).
The desktop literature survey involved a review of FWS list of protected species
in Madison County and the Barnardville USGS Topo Quad on which NHP
identifies current and historic occurrences of listed species for that locale. Gray
myotis, Myotis grisescens, is the only current and/or historic record of occurrence
for the Barnardsville USGS Topo Quad. Gray myotis roost in caves and forage
mainly over open water. Suitable habitat for the gray myotis is not present on the
project site. The NHP database identifies one element of occurrence, American
speedwell, Veronica americana, within a 2-mile radius of the project site.
American speedwell does not hold a Federal status and is not subject to Section 7
consultation.
It is the opinion of CEC that federally protected species are not likely to be present
within the project boundary. As such, development of the proposed Traditions
project site is not likely to cause an adverse impact to any federally threatened or
endangered species or their critical habitat.
•
7
3.4 Cultural Resources
A desk review of the National Register of Historic Places records maintained by the
State Historic Preservation Office (SHPO) indicates several historic properties in
Marshall, Hot Springs, and Mars Hill. The closest properties, California Creek
Missionary Baptist Church and the Thomas J. Murray House, are located in Mars
Hill. It is estimated that these properties are from 3 to 5 miles from the project site
and not in the immediate vicinity of the Traditions project area. It is the opinion of
CEC that registered properties, or properties listed as being eligible for inclusion,
are not located within the project area and will not be affected by the proposed
activities. The SHPO will be notified via Public Notice about the project and will
be given the opportunity to comment on the project and its potential affects on
archaeological and cultural resources.
•
•
8
4.0 PROJECT PURPOSE
• The basic project purpose of the proposed development at Traditions is to provide
residential housing and amenities. More specifically, the overall project purpose of the
proposed development at Traditions is to develop a viable, upscale, residential,
community with a small pond amenity in Madison County, North Carolina.
L?
0
5.0 PROPOSED PROJECT DEVELOPMENT
• The proposed project calls for the development of 155 single-family lots and all
associated infrastructure. Also, included in development plans is a small amenity pond
with a surface area of approximately 0.73 acres.
The applicant proposes to permanently impact 415 linear feet of stream channel to
achieve the previously stated project purpose through the development of a residential
community with amenities. There are four permanent stream impacts associated with the
construction of a small amenity pond at Traditions. These headwater stream impacts
have been identified on the site plan, which is enclosed for review (Figure Set 4).
Water features are extremely desirable for private residences, and have become more
popular over the years. A pond brings many recreational opportunities for residents and
their guests. These recreational opportunities include fishing and wildlife watching.
Furthermore, when a pond is created, new habitat is created as well. This new habitat
supports an array of wildlife, including fish, birds, and reptiles.
5.1 Pond Impacts
The project will include four permanent stream impacts associated with pond
construction. Sixty linear feet of impacts are necessary for construction of the
dam; 355 linear feet of stream channel will be flooded. A cold-water release will
be incorporated into the design to minimize downstream aquatic impacts.
• Permanent fill and flooding impacts associated with pond construction are
identified in the table below.
Traditions Pond Impacts
Stream
Impact Linear Feet
A 177
B 68
C 110
D 60
Total 415
•
10
6.0 DISCUSSION OF ALTERNATIVES
• This discussion of alternatives is submitted by the applicant to assist the Wilmington
District, Corps in evaluating the application for authorization to discharge dredged or fill
material into waters of the United States, including wetlands, under Section 404 of the
Clean Water Act, 33 U.S.C. § 1344 at Traditions in Madison County, North Carolina.
An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for
consideration of alternatives as required by 40 C.F.R. 230.10(a) is set forth below.
The Guidelines' alternatives requirements provide that "no discharge of dredged or fill
material shall be permitted if there is a practicable alternative to the proposed discharge
which would have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other significant adverse environmental consequences." [See
40 C.F.R. 230.10(a) (emphasis added).] The record must contain "sufficient information
to demonstrate that the proposed discharge complies with the requirements of Section
230.10(a) of the Guidelines. The amount of information needed to make such a
determination and the level of scrutiny required by the Guidelines is commensurate with
the severity of the environmental impact (as determined by the functions of the aquatic
resource and the nature of the proposed activity) and the scope/cost of the project." [See
Corps/EPA Memorandum to the Field "Appropriate Level of Analysis Required for
Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements," p.
2, dated August 23, 1994, hereinafter the "Memorandum."] As noted in the
. Memorandum on pages 3-4, the 404(b)(1) Guidelines "only prohibits discharges when a
practicable alternative exists which would have less adverse impact on the aquatic
ecosystem." [See Memorandum.] "If an alleged alternative is unreasonably expensive to
the applicant, the alternative is not practicable." [See Guidelines Preamble, "Economic
Factors," 45 Federal Register 85343 (December 24, 1980).]
Practicable alternatives for the project are those alternatives that are "available and capable
of being done after taking into consideration costs, existing technology, and logistics in
light of overall project purposes." [See 40 C.F.R. 230.10(a)(2).] Clarification is provided
in the Preamble to the Guidelines on how cost is to be considered in the determination of
practicability. An alternative site is considered "available" if it is presently owned by the
applicant or "could reasonably be obtained, utilized, expanded or managed in order to
fulfill the basic purpose of the proposed activity." 40 C.F.R. § 230.10(a)(2).
The intent is to consider those alternatives, which are reasonable in terms of the overall
scope and cost of the proposed project. The term economic [for which the term "costs"
was substituted in the final rule] might be construed to include consideration of the
applicant's financial standing, or investment, or market share, a cumbersome inquiry
which is not necessarily material to the objectives of the Guidelines.
0
The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, "we have
chosen instead to impose an explicit, but rebuttable presumption that alternatives to
discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are
environmentally preferable." Of course, the general requirements that impacts to the
aquatic system not be acceptable also applies. This presumption "...contains sufficient
flexibility to reflect circumstances of unusual cases" (249 Fed. Reg., 85339, December
24, 1980). It is clear from these stipulations that a preferable alternative may allow
filling in certain wetland areas and subsequent mitigation and/or management of other
areas.
6.1 Avoidance and Minimization
Ammons Mountain Properties, Inc. has avoided and minimized impacts on site to
the maximum extent practicable. Four total crossings are need to access the north
side of Broomstraw Mountain. Of the four crossings, three will utilize bridges
with no jurisdictional impact and one will utilize the proposed dam as a crossing.
Bradley Branch Road off Paint Fork Road will be utilized to access the south side
of Broomstraw Mountain. Site plans utilize the existing road and crossings as-is;
no impacts will be necessary to access this side of the mountain. In the road
layout, there are at least four examples of roadways that have been located above
the head of jurisdictional channels. Through strategic placement of these roads,
stream and wetland impacts have been avoided at these locations. Cut and fill at
the site for road construction has been minimized by 30-50% because measures
beyond those required by the Division of Land Resource have been taken. One
• stream crossing, at the proposed dam location, is all that is needed to access the
entire 400-acre site.
The table below summarizes total avoidance and minimization that has taken
place within the project boundary.
Avoidance and Minimization
Feature Amount Avoided Unit Percent Avoided
and Minimized and Minimized
Streams 10,498 linear feet 96
Wetlands 0.52 acres 100
Open

Water 0.07 acres 100
A small pond is proposed on the north side of the property. Impacts associated
with the pond will total 415 linear feet. Two other pond locations were evaluated
for practicability, along with two entrance road alignments. Each of these
alternatives, along with the pond as-proposed, utilization of the existing pond, and
no build alternative, is discussed below.
•
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6.1.1 Pond Alternative 1
Pond Alternative 1 is located in the northern portion of the property
adjacent to the northern property boundary and Crooked Creek Road.
This alternative location is shown on the site plan (Figure Set 4). This
alternative would include an off-line pond, which would have a gravity fed
intake or outfall. The pond would be excavated in the small field, west of
the entrance road. Ammons Mountain Properties, Inc. would like to use
the pond as an amenity for future residents. Although a pond in this
location would make for an aesthetically pleasing entrance, it would not
make a good amenity or gathering spot. A pond in this location would be
adjacent to Crooked Creek Road, which would be an undesirable location
because of visual and aural impacts from the road and associated traffic.
In addition, hydraulically, a pond in this location would be difficult to
construct and fill. There is very little topographic relief and fall in that
location. A pond would need to be excavated 12-15 feet below grade for a
gravity fed intake or outfall to function properly and efficiently. A gravity
fed intake would require a mechanical outfall; water would have to be
pumped out of the pond and then discharged into Crooked Creek. A
gravity fed outfall would require a mechanical intake; water from the
stream would need to be pumped into the pond. In addition to visual and
aural impacts from the road, Ammons Mountain Properties, Inc. would
like to avoid the visual and aural impacts of a pump station.
• Because of the visual and aural impacts of the road and pump station; and
the hydraulic difficulties associated with a pond in this location, Pond
Alternative 1 is not the preferred alternative.
6.1.2 Pond Alternative 2
Pond Alternative 2 is located in a flat area adjacent to the existing houses
on site. This alternative is also shown on the site plan (Figure Set 4). This
alternative would include an off-line pond, which would have a gravity fed
intake and outfall. The general location of this pond is more suitable for a
centralized amenity; however, an off-line pond in this location would
prohibit road access to the majority of the site. The road could be
relocated; but this would induce additional cut and fill that is unnecessary
for project development. In addition, road grades would exceed the 18%
maximum grade mandated by Madison County. One road alternative is
indicated on the Master Plan. The alternative road layout would utilize an
existing crossing and still provide access to the site while not being
impeded by the location of Pond Alternative 2. This would be a preferable
alternative; however, road grades exceed 18% in two locations. These
locations are labeled on the Master Plan. The Traditions site contains a
large network of logging roads throughout the site; however, the majority
of these roads could not be utilized for subdivision access because the
majority of them contain segments that exceed 18% slope.
•
13
Because the entrance road has to be located in its proposed location, Pond
• Alternative 2 is not the preferred alternative.
6.1.3 Use of Existing Pond
There is one, 0.07-acre pond existing on the property. Significant amounts
of sediment have accumulated in the pond and the dam appears to be
damaged. To increase the size of this pond to a size comparable to the
pond proposed, the height of the dam would need to be increased and the
impoundment made larger. The current dam is approximately 10-12 feet
in height. The dam would need to be removed and rebuilt to ensure
structural integrity. Increasing the height of the dam to 15 feet or higher
to impound a larger area would require permitting through Dam Safety. A
smaller dam in a different location would be more economical and provide
for a higher level of safety at the site. The existing pond would also need
to be dredged and further excavated to increase its size. Stream impacts
associated with repairing the existing pond and making it larger, would be
similar to those proposed. In addition to stream impacts, refurbishing the
existing pond would include wetland impacts. The current proposal
involves no wetland impacts.
Because of the increased height of the dam and additional wetland
impacts, utilization of the existing pond is not the preferred alternative.
• 6.1.4 No Build (Pond)
Ammons Mountain Properties, Inc. would like to provide future residents
with a centralized amenity to utilize while they are living at the
development. Other amenities, that would not include impacts, were
discussed but eliminated as possibilities.
Ammons Mountain Properties, Inc. discussed having a network of trails
throughout the site, which would utilize the existing logging road network.
This possibly was discounted for two reasons. One, Madison County
development ordinances require that all lots be at least 1 acre. In an effort
to prevent trails from crossing private property, Ammons Mountain
Properties, Inc. wanted to have trails in common open space. Leaving an
open space for the trail network along the existing logging road severely
inhibited the lot layout and proposed road layout. In many areas, it would
be extremely difficult or impossible to layout 1-acre lots that would not be
bisected by a trail. And two, in many areas, the existing roads become
very steep. It is not uncommon for the existing roads to exceed a 15%
slope. This gradient is not conducive to a leisurely stroll by possible
residents of this community.
1?
14
The pasture areas adjacent to Crooked Creek will be held in common open
. space. This area would be conducive to other amenities such as a pavilion
or pasture for horses; however, for the same reasons as mentioned in the
Pond Alternative 1, these options were discounted. Aural and visual
impacts from the Crooked Creek Road and the main entrance would
discourage use of the area.
Golf courses are popular, yet also expensive to build and maintain. They
have become more and more common throughout the years, and
developers have tried to justify their up-front cost and ongoing cost to
property owners by getting their courses endorsed by professional golfers.
As a result, many top tier course communities have tremendous success
over the past decade. However, golf courses operations are rarely a
profitable endeavor. Developers use them as an amenity to draw people to
their developments, and do not rely on revenues from the course itself for
financial gain. A typical golf course (approximately 200 acres)
community needs 300 to 400 acres of relatively flat and/or rolling land for
the course on which to site a facility. Additional acreage (as economics
dictate) is needed for residential development to realize the appreciation in
property values from the golf course. The steeper or more difficult the
site, the more acreage is needed to design and construct the facility.
The existing topography makes this site extremely difficult for a golf
• course. First, the topography of this site does not lend itself to a golf
course. Successful golf course fairway designs generally stay at a less
than 6% grade. As a rule, modern golf course tend to have very minimal
grade change on each hole, although there may be a golf hole or two on
the course that will exceed this standard. This site does not provide rolling
hills and enough contiguous flat land to connect fairways from hole to
hole. Rather the entire site is on two consistent slopes on either side of the
Broomstraw Mountain ridgeline.
The slope and cross slopes of a property provides for a general
understanding of the steepness of the site and allows the applicant to
understand the amount of earthwork that may be required for
development. For instance, the steeper the slope, the more likely the
development will require exaggerated cut and fill areas in order to achieve
necessary grades. Steep slopes (those in excess of 20%) prove difficult to
develop without causing excessive land disturbance and potentially
prohibitive costs during construction. In addition, sediment and erosion
control measures are more difficult to install and maintain for a large scale
grading project on site exceeding 20% slopes.
•
15
The property is only 400 acres. The applicant would have to buy
• additional land to build the golf course, leaving little, if any, land left to
develop as residential lots. Given the very significant cost of golf course
design and construction, steep slopes, and minimal sized parcel of land,
this option has been discounted.
No build alternatives, with no impact, were considered during
development of this project. None were practical and/or utilization by
residents is expected be minimal. After consideration, Ammons Mountain
Properties, Inc determined a pond would be the most practical and most
utilized amenity for the site.
The proposed pond cannot be completed without impacts to jurisdictional
streams. Two pond alternatives, without jurisdictional impacts, are
discussed in this section and each was discounted as a practical alternative.
Because no build alternatives are not practical or expected utilization by
residents is minimal, the No Build Alternative is not the preferred
alternative.
_6.1.5 Pond As Proposed
The pond as proposed will be approximately 0.73 acres. Hard impacts for
the dam will total 60 linear feet and the dam will impound approximately
355 linear feet of stream channel at the top of the watershed. A retaining
wall will be utilized at the base of the dam to reduce overall impacts at
that location. The area to be impounded will be excavated making for a
wide and round pond as opposed to a long and linear pond, which would
impound and impact more stream channel. The design team and Ammons
Mountain Properties, Inc. has minimized impacts to the greatest extent
practicable for the pond and the development as a whole. The only
impacts on site are associated with the pond; the pond is of a very modest
size and has minimal impact when compared with similar project
proposals.
Because impacts at the proposed pond location have been minimized
through the use of a headwall and excavation, the pond as proposed is the
least damaging practical alternative.
6.1.6 Lower Road Alternative
The initial road plan called for the entrance road to closely follow the
existing road on site. The existing road is narrow and would require
widening to make it suitable for subdivision access. In widening the
existing road, one stream impact totaling 90 linear feet and two wetland
impacts totaling 0.12 acres would be necessary.
•
16
Although this road alignment would utilize the existing road on site,
40 because of the stream and wetland impact necessary for this plan, the
Lower Road Alternative is not the preferred alternative.
6.1.7 Road As Proposed
The entrance road as proposed is upslope from the existing road. In
moving the road upslope, all impacts associated with construction of this
road have been eliminated, reducing the overall impacts at the site.
Because all stream and wetland impacts have been avoided, the road as
proposed is the preferred and least damaging practical alternative.
6.2 Impact Justification
A study cited by the EPA indicates that "whether a beach, pond, or stream, the
proximity to water raises the value of a home by up to 28 percent."' A 1991
American Housing Survey conducted by the Department of Housing and Urban
Development and the Department of Commerce also concurs that "when all else
is equal, the price of a home located within 300 feet from a body of water
increases by up to 27.8 percent." 2 The EPA states that "when designed and sited
correctly, artificial lakes or wetlands can help developers reduce negative
environmental impacts caused by the development process and increase the value
of the property."
In addition to meeting the proposed project purpose, the significance of the
proposed pond is more than simple monetary values. The addition of the pond
makes the property more marketable, and also makes it more appealing to a wider
range of people due to the increase in recreational opportunities. As a result of
this, the property will undoubtedly sell faster and for more money than property
without a water feature.
Fishing and wildlife watching are two favorite past times of both North Carolina
residents and nonresidents here in the United States. A national survey of fishing,
hunting, and wildlife-associated recreation in North Carolina boasts that 3.5 million
fishing and wildlife watching participants in the state spent approximately $2
billion in related expenses, resulting in an increase in local and state revenue 3. The
creation of a lake that supports both of these uses will not only serve the immediate
private residences surrounding the pond, but will likely provide an overall boost to
the community's economy. The team responsible for this project has had the
challenge of maintaining a balance between the possible recreational and economic
advantages of creating a pond, and the potential environmental impacts.
I Office of Wetlands, Oceans and Watersheds, U.S. Environmental Protection Agency. Polluted Runoff
(Nonpoint Source Pollution): Economic Benefits of Runoff Controls.
z NAHB. 1993. Housing Economics. National Association of Home Builders, Washington, DC.
is 3 U.S. Department of the Interior. Fish and Wildlife Service and U.S. Department of Commerce, U.S. Census Bureau.
2001 ]National Survey of Fishing, Hunting, and Wildlife-Associated Recreation. Revised March 2003.
17
With fishing expenditures in North Carolina for both state residents and
• nonresidents totaling 1.1 billion, it is hard to say that the creation of this pond will
not bring an increase in economic input into the surrounding local area. This
increase in economic activity will likely result according to the 2001 National
Survey for North Carolina.4 According to this data, 1.3 million North Carolina
residents and nonresidents fished and spent $1.02 billion on trip-related and
equipment expenses.
North Carolina residents and nonresidents make up a total of 1.3 million wild bird
observers according to the 2001 National Survey. According to this same survey,
wildlife watching expenditures in North Carolina totaled $827 million. The
increase in both fishing and wildlife watching opportunities with the creation of
this pond will likely extend these revenues to this surrounding local community in
Madison County.
6.3 Alternatives Conclusion
This discussion of alternatives, together with the documents submitted by the
applicant in support of the 404 Permit, show that the project is in compliance with
the Guidelines. As this analysis clearly demonstrates, the Traditions development
is designed to avoid and minimize impacts at the site to the maximum extent
practicable while maintaining a rational project design.
•
• 4 U.S. Department of Interior. Fish and Wildlife Service and U.S. Department of Commerce, U.S. Census Bureau.
2001 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation. Revised March 2003.
18
7.0 CONCEPTUAL MITIGATION PLAN
• Upon completion and implementation of all practical avoidance and minimization efforts
,
415 linear feet of stream channel impacts associated with the development at Traditions
are unavoidable. All unavoidable impacts will be mitigated for at a compensatory
mitigation ratio of 2:1 for dam impacts and 1:1 for flooding impacts. It should be noted
that the applicant is mitigating for streams that are an abundant resource in the area. It is
estimated by the North Carolina Department of Environmental and Natural Resources
that there are approximately 21,041,856 linear feet of streams in the French Broad River
Basin. Flooding is a secondary impact and would not result in a direct, "hard" impact to
stream channels. The project would impact one type of special aquatic site (as defined in
40 CFR 230.3 q-1), namely riffle and pool complexes. Since the predominant impacts to
aquatic resources would be secondary in nature, and no wetlands would be impacted, the
"no net loss" goal pertaining to wetlands does not apply in this case. Any required
mitigation measures should be commensurate with the degree of project impacts and are
in accordance with mitigation guideline set forth by the Corps and DWQ. The following
conceptual mitigation plan is provided in support of this permit application.
7.1 Stream and Wetland Preservation
Ammons Mountain Properties, Inc. proposes to partially mitigate for unavoidable
impacts at a mitigation activity ratio of 5:1 through preservation of portions of
remaining streams on the site. Approximately 1,775 linear feet of streams will be
preserved, along with a 30-foot wide buffer on each side of the stream. Upland
• buffers will total approximately 2.44 acres. All preserved streams and buffer
areas have been identified on the enclosed site plan (shaded in red on Figure Set
4) and will be protected via restrictive covenants. Restrictive covenant language
will be consistent with model language provided by the US Army Corps of
Engineers, Wilmington District. Any changes to the model restrictive covenant
language will be approved by the Corps.
7.2 NC Ecosystem Enhancement Program (EEP)
Ammons Mountain Properties, Inc. proposes to mitigate for the balance of
unavoidable impacts (60 linear feet) at a mitigation activity ratio of 2:1 through
payment into the EEP in-lieu fee program. By letter dated July 17, 2008, EEP has
indicated they are willing to accept payment for impacts associated with
development at Traditions. The acceptance letter is enclosed for review
(Appendix D).
7.3 Summary
Ammons Mountain Properties, Inc. is proposing to mitigate for 415 linear feet of
unavoidable stream impacts. Compensatory mitigation will be in the form of
preservation and payment into the EEP. The tables below summarize the basic
mitigation requirements along with the proposed stream mitigation.
•
19
•
Basic Mitigation Requirement
Linear Feet Compensatory Basic
Impact of Impact Mitigation Ratio Mitigation
(x: l) Requirement
A 177 1 177
B 68 1 68
C 110 1 110
D 60 2 120
Total Impacts 415
Total
Mitigation 475
Requirement
Proposed Mitigation
•
•

Stream Linear Feet of
Mitigation
Type Mitigation
Activity Ratio
(x:1) Total
Credit
EEP 120 Restoration 1 120
Throughout 1,775 Preservation 5 355
Total Mitigation Proposed 1,895
Total Mitigation Credits 475
20
8.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
• The EPA interim regulations providing guidance for specification of deposit on sites for
dredge and fill material were published on September 17, 1993, in 40 C.F.R. 230 per
Section 404(b)l. Sub-Parts A through I pertain to dredge and fill permits, and apply to
project sites similar to this project.
Sub-Part D presents a summary of compliance criteria for the 404(b)1 guidelines. This
section references and defines practicable alternatives and indicates that a dredge and fill
permit shall not be issued if practicable alternatives exist. Alternatives reviewed and
details detailed in Section 6.0 were assessed for compliance with 404(b)1 guidelines.
Additional EPA guidance is presented related to general regulatory criteria, wildlife
value, and human health guidelines. The discharge of dredge and fill material is
considered permittable under these guidelines if the discharge activity: does not
contribute to violation of state water quality standards; does not violate toxic effluent
standards; does not jeopardize the continued existence of species listed as threatened and
endangered pursuant to the federal Endangered Species Act of 1973 and subsequent
amendments; does not cause degradation to any marine sanctuaries; does not contribute
to significant degradation of "waters of the United States"; does not adversely affect
human health as it pertains to water supply; does not adversely impact wildlife, the food
chain, and special aquatic sites; does not contribute to the discharge of pollutants that
may affect the food web; does not have.negative effects on the productivity of the aquatic
• ecosystem, or their physical values; and does not have adverse impacts on recreation,
aesthetic, or economic values. Additionally, the applicant is required to minimize
potential adverse impacts on the aquatic ecosystem.
8.1 Factual Determination
The Corps is required to determine both potential short-term and long-term effects
of a proposed discharge of dredge and fill material on the physical, chemical, and
biological components of an aquatic environment.
8.2 Potential Impacts on Physical and Chemical Characteristics of the Aauatic
Ecosystem
Sub-Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical
characteristics that must be assessed during the permit review, and the effects of
which must be determined to be minimal on the aquatic ecosystem.
8.2.1 Substrate
Fill material in the form of a dam, an associated outfall culvert, and
subsequent impoundment will be placed in jurisdictional streams on site.
Any discharge will consist of suitable fill material and will not include any
trash, debris, car bodies, asphalt, etc. The fill material will also be free of
toxic pollutants in toxic amounts. Proper sediment and erosion control
measures will be installed prior to and during construction to ensure that
•
21
the bottom elevation of remaining streams and wetlands on the property
• will not change.
8.2.2 Suspended Particulate/Turbidity (Sediment and Erosion Control)
During construction activities on the site, there may be a minimal increase
in suspended particulates that may lead to increased turbidity downstream.
However, the increase is anticipated to be minimal and temporary due to
the installation and maintenance of proper sediment and erosion control
measures during construction and shortly thereafter.
8.2.3 Water Quality
The proposed discharge of dredge and fill material should not cause
increased chemical contamination levels within the aquatic ecosystem.
Specifically, changes in clarity, color, odor, and taste of water in addition
to possible chemical contamination shall be minimized or reduced. All
discharges of dredge and fill material will be controlled with a sediment
and erosion control plan.
It is anticipated that all of the fill material needed at the site will be taken
from on-site areas. The fill material used on site will be clear and free of
chemical contamination. Should additional fill material be required,
suitable, off-site, clean fill material will be purchased and transported to
the project.
• Ammons Mountain Properties, Inc. will be concurrently applying for a NC
Division of Water Quality, Water Quality Certification and is currently
participating in a Water Quality Monitoring and Sampling study on ponds
similar to the one proposed at the Traditions site.
8.2.4 Current Patterns in Water Circulation
The discharged dredge and fill material associated with the road crossing
should not adversely modify current water circulation patterns by
obstructing flow, changing direction or velocity of water, or changing
velocity or flow of circulation. Discharged dredge and fill material
associated with construction of the pond will modify flow and circulation
in the impounded stream channel. Adequate mitigation will be provided
to compensate for any lost functions and values that may be caused by the
conversion of the stream to open water.
8.2.5 Normal Water Fluctuations
The discharge of fill material associated with this project is not anticipated
to have any significant effect on the downstream hydrologic regimes. The
pond will be designed in a manner that ensures flow into the stream
channel is not inhibited or eliminated.
•
22
• 8.2.6 Salinity
Because this project is located inland and away from tidally influenced
waters and wetlands, no modification to the salinity of on-site or adjacent
waters is expected.
8.3 Potential Impacts to Bioloeical Characteristics of the Ecosvstem
Sub-Part D of the 40 C.F.R. 230 guidelines specifies three areas of concern in
which disposal of dredge and fill material can affect the biological components of
the ecosystem. These components are threaten and endangered species; fish,
crustaceans, mollusks, other aquatic organisms in the food web; and wildlife.
8.3.1 Threatened or Endangered Species
CEC has conducted a file review of records maintained by the FWS and
the NHP. The desktop literature survey involved a review of FWS list of
protected species in Madison County and the Bamardville USGS Topo
Quad on which NHP identifies current and historic occurrences of listed
species for that locale. Gray myotis, Myotis grisescens, is the only current
and/or historic record of occurrence for the Bamardsville USGS Topo
Quad. Gray myotis roost in caves and forage mainly over open water.
Suitable habitat for the gray myotis is not present on the project site. The
NHP database identifies one element of occurrence, American speedwell,
Veronica americana, within a 2-mile radius of the project site. American
. speedwell does not hold a Federal status and is not subject to Section 7
consultation.
It is the opinion of CEC that federally protected species are not likely to be
present within the project boundary. As such, development of the proposed
Traditions project site is not likely to cause an adverse impact to any
federally threatened or endangered species or their critical habitat.
8.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the
Food Web
Discharges of dredge and fill material can alter the food web by impacting
animals, such as invertebrates, that make up the basis of a food chain. The
release of contaminants or an increase in turbidity has the potential to
negatively effect certain aspects of the food web. Such releases may also
potentially increase the levels of exotic species.
Impacts to primary food chain production within the waters of the US and
wetlands on the project site are expected to be minimal.

23
8.3.3 Other Wildlife
. The discharge of dredge and fill material has the potential to negatively
effect breeding and nesting areas, escape cover, travel corridors, and
preferred food sources for resident and migrant wildlife species.
While a minimal loss of wildlife habitat for stream-dependent species may
result from construction of the pond, the proposed preservation of
approximately 2.44 acres of riparian buffer on site along with 1,775 linear
feet of stream channel should compensate for any minor loss of habitat.
8.4 Potential Impacts on Special Aquatic Sites
Sub-Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential
impacts on special aquatic sites, which include: sanctuaries and refuges,
wetlands, mud flats, vegetated shallows, coral reefs, and riffle-pool complexes.
8.4.1 Sanctuaries and Refuges
The discharge of dredge and fill material has the potential to negatively
effect adjacent sanctuaries and wildlife refuges by impacting water
quality, decreasing wildlife habitat, increasing human access, and creating
the need for frequent maintenance activity, resulting in the establishment
of undesirable plant and animal species, which can change the balance of
habitat type. There are no designated sanctuaries or refuges located within
the project vicinity; therefore, impacts to sanctuaries or refuges will not
• occur as a result of development at Traditions.
8.4.2 Wetlands
The discharge of dredge and fill material has the potential to adversely
effect wetlands including wetland substrate, hydrology, and vegetation.
Discharges can lead to a loss of wetland values, such as wildlife habitat,
flood storage, and groundwater recharge. The discharge of fill material
associated with development at Traditions will not impact on-site
wetlands. All wetlands on site have been avoided.
8.4.3 Mud Flats
Discharge of dredge and fill material has the potential to negatively effect
mud flats that exist along inland lakes, ponds, and riverine systems. There
are no mud flat communities within the project boundary; therefore, loss
of these ecosystems will not occur as a result of development at
Traditions.
•
24
8.4.4 Vegetated Shallows
40 Discharge of dredge and fill material has the potential to negatively effect
vegetated shallows. Vegetated shallows are permanently inundated areas
that contain rooted aquatic vegetation. This type of habitat generally
exists within estuarine and marine environments; and some freshwater
lakes and rivers. No vegetated shallow habitats exist within the project
boundary; therefore, no impacts to this ecosystem will occur as a result of
development at Traditions.
8.4.5 Coral Reefs
Discharge of dredge and fill material has the potential to negatively effect
coral reefs. Coral reefs typically exist within marine ecosystems. Coral
reefs do not exist within the project boundary; therefore, no impacts to this
ecosystem will occur as a result of development at Traditions.
8.4.6 Riffle-Pool Complexes
Discharge of dredge and fill material into or upstream of riffle-pool
complexes has the potential to negatively affect water quality and wildlife
value. Any permanent impact to riffle-pool complexes will be mitigated
for through the proposed EEP restoration and on-site preservation
activities.
8.5 Potential Effects on Human Use Characteristics
• Sub-Part F of the 40 C.F.R. 230 guidelines address potential effects on human use
of wetlands and waterways. Factors including water supply, recreational and
commercial fisheries, water-related recreation, aesthetics, and parks and similar
preserves are considered within this portion of the guidelines.
8.5.1 Municipal and Private Water Supply
The public water supply will not increase or decrease due to proposed
activities within the Traditions project boundary. Potable water will be
supplied by single-family wells.
8.5.2 Recreational and Commercial Fisheries
Discharges of dredge and fill material has the potential to negatively effect
recreational and commercial fisheries. The project as proposed will
increase opportunity for recreational fisheries. It is expected that the pond
will be home to a thriving population of fishes. This project will have no
effect on commercial fisheries.
8.5.3 Water-Related Recreation
Proposed activities within the Traditions project boundary will not
increase or decrease waterborne recreation in the project boundary or
vicinity.
0
25
8.5.4 Aesthetics
Aesthetically, the residential development proposed at Traditions will be
no different from any other residential community in outlying areas.
Because of the nature of this development, an aesthetically pleasing design
is of utmost importance. The design team has strived to integrate the
residential development into the surrounding environment so that they can
work together and act as a single unit. The project is not expected to
diminish the aesthetic value of the area or cause disharmony from an aerial
or neighboring view.
8.5.5 Parks, National and Historical Monuments, National Beach Shores,
Wilderness Areas, Research Sites, and Similar Preserves
No areas as described above will be effected by the proposed development
at Traditions.
8.6 Summary
Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated
herein, a number of potential environmental impacts have been presented and
subsequently addressed. The proposed permanent impact to 415 linear feet of
streams will not cause any off site adverse impacts. Mitigation offered both on
site and off site should more than compensate for any on-site impacts.
•
n
U
26
0 9.0 PUBLIC INTEREST CONSIDERATIONS
When reviewing this application, the Corps is required to consider the project in terms of
the public interest. In considering the public interest, the Corps must evaluate the
probable impacts of the project and evaluate the "benefits which reasonably may be
expected to occur from the proposal against reasonably foreseeable detriments". In
balancing these interests, the Corps must consider the public and private need for the
proposed project, the practicability of using reasonable alternative locations, and the
extent and permanence of the beneficial and/or detrimental impacts of the project. The
Corps also considers the following public interest factors:
conservation, economics, aesthetics, general environmental concerns,
wetlands, historic and cultural resources, fish and wildlife values, flood
hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and water quality, energy needs, safety,
food and fiber production, mineral needs, and considerations of the
property ownership.
Pursuant to 33 C.F.R. 323.6, a determination that the project is not contrary to the public
interest must be achieved before permit issuance. Public interest considerations are listed
in 33 C.F.R. 320.4 (a)(1) and are discussed below.
• Furthermore, the Corps regulations state that a permit will be granted unless the district
engineer determines that it would be contrary to the public interest.
Ammons Mountain Properties, Inc. has extensively evaluated these factors through the
planning process and believes that the proposed project is clearly not contrary to the
public interest.
9.1 Conservation
Ammons Mountain Properties, Inc. proposes to preserve approximately
1,775 linear feet of stream channel. These waters are ecologically
important as cold water mountain streams, which empty into the French
Broad River via Middle Fork, Little Ivy Creek, and Ivy Creek. These
streams will be preserved in perpetuity through the implementation of
appropriate legal and physical mechanisms (i.e. restrictive covenants).
Ammons Mountain Properties, Inc. will also preserve the functions and
values of these streams by establishing 30-foot upland buffers on the right
and left sides of the preserved channels. The total land mass of the upland
buffers will be approximately 2.44 acres.
The location of these upland buffers and stream preservation areas will
serve to protect and preserve the function and value of the areas and
• maintain suitable foraging, breeding and nesting habitat, and corridors for
wildlife species.
27

9.2 Economics
The project will provide an overall benefit to the local economy of
Madison County. During and upon completion of construction, the site
will provide job opportunities associated with maintenance of the
residential development. The project will also benefit the local economy
by providing additional tax revenues. The appropriate economic
evaluations have been completed and the project as proposed is
economically viable.
9.3 Aesthetics
Aesthetically, the residential development proposed at Traditions will be
no different from any other residential community in outlying areas.
Because of the nature of this development, an aesthetically pleasing design
is of utmost importance. The design team has strived to integrate the
residential development into the surrounding environment so that they can
work together and act as a single unit. The project is not expected to
diminish the aesthetic value of the area or cause disharmony from an aerial
or neighboring view.
9.4 General Environmental Concerns
Other than stream impacts, proposed development activities within the
Traditions project boundary will have no significant identifiable impacts
• upon other environmental components.
9.5 Wetlands
The discharge of dredge and fill material has the potential to adversely
effect wetlands including wetland substrate, hydrology, and vegetation.
Discharges can lead to a loss of wetland values, such as wildlife habitat,
flood storage, and groundwater recharge. The discharge of fill material
associated with development at Traditions will not impact on-site
wetlands.
•
9.6 Historic Properties
A desk review of the National Register of Historic Places records
maintained by the SHPO indicates several historic properties in Marshall,
Hot Springs, and Mars Hill. The closest properties, California Creek
Missionary Baptist Church and the Thomas J. Murray House, are located in
Mars Hill. It is estimated that these properties are from 3 to 5 miles from
the project site and not in the immediate vicinity of the Traditions project
area. The SHPO will be notified via Public Notice about the projects and
will be given the opportunity to comment on the project and its potential
affects on archaeological and cultural resources.
28
9.7 Fish and Wildlife Values
10 Riparian and wetland areas provide habitat for many types of wildlife
because of their diverse and productive plant communities, complex
structure, and close proximity to surface water. Wildlife may be
permanent residents of riparian and wetland areas or occasional visitors
that use the areas for food, water, or temporary shelter.
Food availability varies with the type of vegetation in riparian and wetland
areas, but includes fruit, seed, foliage, twigs, buds, insects, and other
invertebrates. Trees and shrubs produce a variety of foods that are eaten
by many animals and may be especially important sources of nutrition
during the winter months. Grasses and herbaceous vegetation provide
seeds and forage both within riparian and wetland areas and along the
forest border.
The stream environment provides moving water for many animals to
drink, feed, swim, and reproduce. Water is also available on moist
vegetation and in wetlands that are often associated with riparian areas.
These areas, both permanent and temporary, are especially important for
amphibians and macro-invertebrates.
Riparian and wetland areas provide a sheltered environment for many
species of animals to feed, rest, and reproduce. Animals use these areas to
• seek shelter from extreme weather and to escape predators and human
activity. Riparian and wetland areas may also provide important travel
corridors for some species, and are frequently used as stop-over points for
migratory birds.
Although impacts to these systems will occur at Traditions, adequate
avoidance, minimization, and compensatory mitigation will compensate
for lost functions and values.
9.8 Flood Hazards
A portion of the northern section of the property is located within the
designated 100-year floodplain of Crooked Creek; and a portion of the
southern portion of the property is located within the designated 100-year
floodplain of Paint Fork. A floodplain map has been attached for review
(Figure 5). Overall, lots and roadways within the residential community
have a minimal risk of flooding. The designated floodplain of Crooked
Creek that lies within the property boundary will be contained within a
2.77-acre common open area. There will be one road crossing in this area;
however, it will be constructed without any jurisdictional impact to
Crooked Creek and affects on the floodplain should be minimal. The
designated floodplain of Paint Fork that lies within the property boundary
will be contained within a 1.35-acre common open area. It is likely that
0 some tributaries on the property will flood occasionally due to natural
29
fluctuations in weather patterns that increase precipitation. The activities
40 taking place within the Traditions project boundary are not expected to
increase or decrease the natural rate of flooding at the site or downstream.
9.9 Floodplain Values
Minor road construction will occur within the 100-year floodplain of
Crooked Creek; no other construction is currently proposed within the
floodplain areas of Crooked Creek or Paint Fork. The majority of these
floodplains have been previously impacted by small-scale agricultural
farming activities. Because of these past land uses, floodplain values have
been jeopardized and compromised for many years. Development
activities associated with the development of Traditions should not cause
detriment to the already diminished floodplain values of the site. Because
these areas will be contained within common open space, they will be
preserved and maintained, at least, in their current state.
9.10 Land Use
The proposed project will be in compliance with local zoning regulations
and ordinances. The project is consistent with surrounding land use and
development.
9.11 Navigation
All tributaries within the Traditions project boundary are tributaries to
Middle Fork. Middle Fork is a tributary to Little Ivy Creek, which is a
tributary to Ivy Creek. Ivy Creek is a tributary to the French Broad River,
which is a navigable-in-fact water at the Wilson Bridge east of Brevard.
Activities proposed at Traditions are not likely to effect navigation.
9.12 Shore Erosion and Accretion
The project should have minimal effects on erosion and runoff. An erosion
control plan will be implemented as part of the construction plan for the
project. During the construction process, best management practices
(BMPs) will be followed. These BMPs may include the construction of
swales, erosion and sediment control structures, turbidity barriers, and other
measures that will prevent sediment transport off the project site and into
adjacent waters. Activities proposed at Traditions are not likely to cause
significant erosion or accretion.
9.13 Recreation
Proposed activities within the Traditions project boundary will not
increase or decrease waterborne recreation within the project boundary or
vicinity.
F-1
L-A
30
• 9.14 Water Supply and Conservation
The public water supply will not increase or decrease due to proposed
activities within the Traditions project boundary. Potable water will be
supplied by single-family wells.
9.15 Water Quality (Stormwater Management)
No short term or long term adverse water quality impacts are anticipated.
BMPs will be incorporated during construction. Stream buffers are being
provided to assure long-term stream protection and integrity. Development
at the Traditions site is also bound by regulations set forth in the Madison
County Watershed Protection Ordinance, which was enacted to protect
waterways that serve the public water supply.
Ammons Mountain Properties, Inc. will be concurrently applying for a NC
Division of Water Quality, Water Quality Certification.
9.16 Energy Needs
Activities taking place within the Traditions project boundary, during
construction and at full build out, are not expected to significantly increase
energy demands beyond the capacity of the local facility. Energy will not
be produced as a result of the proposed activities within the Traditions
project boundary.
• 9.17 Safety
The proposed project will be designed with the maximum possible
considerations for public safety. The proposed activities at Traditions will
not increase or decrease public safety.
9.18 Food and Fiber Production
The proposed activities within the Traditions project boundary will not
increase or decrease food and fiber production.
9.19 Mineral Needs
The project fulfills no current mineral needs. No mining activities are
proposed as part of the development at the Traditions project site.
9.20 Considerations of Property Ownership
Ammons Mountain Properties, Inc. owns the property proposed for
development and has the inherent right to develop the land in a reasonable
and responsible manner, which includes adhering to all Federal, State, and
local regulations.
Property Owner:
Ammons Mountain Properties, Inc
140 Ammons Drive
Raleigh, North Carolina 27615
31
9.21 Needs and Welfare of the Public
The project will positively address the needs and welfare of the public by
providing additional tax base and housing in Madison County, North
Carolina.
•

32
10.0 SECONDARY AND CUMULATIVE EFFECTS
• Traditions is located within the French Broad River Subbasin 04-03-04. This subbasin
includes the lower section of the French Broad River in Madison County. The largest
tributaries in the northern portion of the subbasin are Spring Creek, which is entirely within
the Pisgah National Forest, and Big Laurel Creek, which creates the southern boarder of the
Pisgah National Forest. In the southern section of the subbasin, there is development
around the towns of Marshall and Mars Hill; along with agricultural activities. The largest
tributary in this part of the subbasin is Ivy Creek. Approximately 85% of this subbasin is
forested and the total land mass includes approximately 496 square miles (317,440 acres).
Traditions is comprised of approximately 400 acres (0.63 square miles). All of the land
mass for Traditions accounts for 0.1% of the land mass of the basin. These percentages
alone, limit significant cumulative effects on the watershed. Although not currently active,
it is suspected that small-scale agricultural activities have occurred in the floodplain of
Crooked Creek within the Traditions project boundary. Agricultural activities remain
active in other parts of the watershed. Continued and future development of the watershed
is independent of activities proposed at Traditions. Impacts at Traditions include the
installation a dam and subsequent impoundment. Minimization activities have lessened
impacts associated with the pond and its effects cumulatively on the watershed will be
minimal. No activity at Traditions will result in a major impairment of the water resources
on site or interfere with the productivity and water quality of the existing aquatic
ecosystem. Any goods and services needed by the residence of Traditions can be
obtained from the nearby town of Mars Hill. This project will not result in additional
• development, which would impact nearby downstream water quality. The applicant is
protecting approximately 1,775 linear feet of streams with 30-foot upland buffers (totaling
approximately 2.44 acres) on either side.
E
33
11.0 SUMMARY
• The development of Traditions involves the construction of a pond impacting
approximately 415 linear feet of stream channel. Alternative site plans have been
evaluated and the project "As Proposed" (pond and road) is the least damaging practical
alternative. Avoidance and minimization has taken place on site reducing impacts as
compared to previous proposals. Potential impacts to the physical and chemical
characteristics of the ecosystem, biological characteristic of the ecosystem, impacts on
special aquatic sites, and potential effects on human use characteristics will be minimal.
The project is not contrary to the public interest and will aid in the continued growth of
Madison County.
•
•
34
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Figure Set 4
Site Plans
•
is
•
0 Mitigation
Traditions
Project Data
Total Project Area
+/- 400 acres
Jurisdictional Waters of the US
Streams 10,913 linear feet
Wetlands 0.52 acres
Open Water 0.07 acres
Jurisdictional Impacts
Streams
Wetlands
Open Water
Avoidance/Minimization
Streams
Wetlands
Open Water

Streams
60 linear feet (dam)
355 linear feet (impoundment)
415 linear feet (total)
0 acres
0 acres
10,498 linear feet (96% avoided)
0.52 acres (100% avoided)
0.07 acres (100% avoided)
NCEEP 120 linear feet (60 linear feet at 2:1 ratio)
Preservation 1,775 linear feet
Preservation of Upland Buffers 2.4 acres

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CLEARWATER
Traditions Environmental Consultants, Inc. FEMA Flood Insurance Rate Map
Madison County 718 Oakland Street Figure 5
North Carolina Hendersonville, NC 28791
828-698-9800
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
April 28, 2008
Mr. Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Ammons Mountain Properties, Inc.
Pond Study
Madison County, North Carolina
Mr. McMillan,
Clearwater Environmental Consultants, Inc. (CEC) is submitting the enclosed revised
lake monitoring plan "Water Quality Monitoring and Sampling Protocol for Reference
Impoundments" that Susan Gale, NCDWQ approved on April 14, 2008 on behalf of Mr.
Justus Ammons of Ammons Mountain Properties, Inc (Ammons). Ammons is currently
developing a low-density subdivision near Mars Hill in Madison County, North Carolina.
• As part of the development plan, Ammons will propose a small, on-line pond in the
northern portion of the property. Prior to permit application submittal for the pond,
Ammons would like to complete the predictability study outlined in the "Predictability
Study Protocol for Sampling Reference Impoundments - DRAFT" dated February 28,
2008. Data collection will begin on May 1, 2008.
Should you have any questions regarding the attached proposed plan and supplemental
information please do not hesitate to contact me at 828-698-9800. A copy of this plan
has also been sent to Mr. Kevin Barnett of the Asheville Regional Office.
Respectfully,
e 9 ? ? -4--0
R. Clement Riddle, P.W.S
Principal
Copy furnished:
NC Division of Water Quality, Asheville - Kevin Barnett
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com

WATER QUALITY MONITORING AND SAMPLING PROTOCOL
FOR REFERENCE IMPOUNDMENTS
•
Prepared for:
Ammons Mountain Properties, Inc.
140 Ammons Drive
Raleigh, North Carolina 27615
Prepared by:
• ClearWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
INTRODUCTION
The project applicant, Ammons Mountain Properties, LLC (Ammons), currently owns
approximately 400 acres near Mars Hill in Madison County, North Carolina. A vicinity map is
included for review (Figure 1). Ammons is proposing the development of a low-density residential
subdivision, known as Traditions, with approximately 200 lots, ranging from 1.08 to 4.21 acres.
Application has been made to the North Carolina Division of Water Quality (DWQ) and the US
Army Corps of Engineers (Corps) for impacts associated with subdivision infrastructure and
development. As a part of this development, Ammons would like to construct a small on-line pond
(approximately 0.75 acres) on the northern portion of the property. A pond location map is
included for review (Figure 2). Impacts associated with pond construction will be applied for upon
the conclusion and approval of the proposed predictability study. The proposed study outlined
below will be done in accordance with the North Carolina Division of Water Quality, Wetlands and
Stormwater Branch's "Predictability Study Protocol for Sampling Reference Impoundments -
DRAFT" (Protocol) dated February 28, 2008.
METHODOLOGY
Ammons and Clearwater Environmental Consultants, Inc. (CEC) developed this plan for
monitoring the water quality of two existing ponds meeting site selection requirements set forth in
the Protocol. The reference ponds shall:
• be located with the same 8-digit hydrologic unit code (HUC);
• • be located within the same Level IV ecoregion;
• have a comparable design;
• be located in an area of similar land use and comparable vegetated buffer;
• have comparable character;
• be impounded on the same or similar stream order;
• have a similar drainage area; and
• have a similar retention time.
The two reference ponds, labeled as Adams Pond and Casey Pond, are indicated on the pond
location map, which is included for review (Figure 2). The following table summarizes the
characteristics of the proposed pond and reference ponds.

Proposed Pond Adams Pond Robinson Pond
HUC 06010105 06010105 06010105
Ecoregion Southern Crystalline
Ridges and Mountains Southern Crystalline
Ridges and Mountains Southern Crystalline
Ridges and Mountains
Design Bottom Release To be determined To be determined
Land Use Residential Forested/Res I'dentla] Forested
Character 0.75 acres surface area < 2 acres surface area < 1 acres surface area
Stream Order First First First
Drainage Area 45 acres 130 acres 25 acres
Retention
Time
unknown
unknown
unknown
Sampling as outlined in the Protocol will begin May 1, 2008 at the two reference sites. At each
impoundment, six sampling stations have been identified. During the first sample, latitude and
longitude of each station will be taken for use with topographic maps or GIS data. A summary of
the general locations of the sampling stations is as follows:
• Station 1 will be located upstream of the impoundment in the flowing (lotic) stream reach;
• Stations 2, 3, and 4 will be evenly spaced across the centerline of the reference
impoundment (lentic);
• Station 5 will be located downstream and within 200 linear feet of the impoundment outfall
in the flowing (lotic) stream reach; and
• Station 6 will be located downstream and between 200 and 500 linear feet of the
impoundment outfall in the flowing (lotic) stream reach.
SAMPLING
Six water quality sampling stations will be established at the two reference ponds as described
above. Water samples will be taken every other week during the growing season from May 1
through September 30, yielding 11 sample sets. Samples are divided into lotic samples which
include the samples and measurements taken at Stations 1, 5, and 6; and lentic samples which
include samples and measurements taken at Stations 2, 3, and 4. Field measurements and grab
sample results will be recorded on data sheets taken from the DWQ's "Intensive Survey Unit
Standard Operating Procedures". The type of sample or measurement taken (field or grab) and
• parameters measured are outlined below.
• Lotic Samples (Stations 1, 5, and 6)
o Field Measurements (taken 0.1m below the surface)
• temperature
• dissolved oxygen (% and mg/1)
• pH
¦ specific conductance
o Grab Samples (taken 0.1m below the surface at/near the thalweg)
¦ nutrients (total phosphorous, total Kjeldahl nitrogen, ammonia [NH3], nitrate +
nitrite [N02+NO31, chlorophyll-a)
¦ total suspended residue
¦ turbidity
fecal coliform
• Lentic Samples (Stations 3, 4, and 5)
o Field Measurements (taken 0.lin below the surface and at lm intervals to the lake bottom)
• temperature
• dissolved oxygen (% and mg/1)
¦ pH
specific conductance
o Field Measurement (1 measurement reported at each sample location)
Secchi depth transparency - reported value as the average of two measurements
• o Grab Samples (taken 0.1m below the surface)
fecal coliform
• o Grab Samples Using a LabLine (taken as spatial composites of the photic zone, defined as
twice the Secchi depth)
nutrients (total phosphorous, total Kjeldahl nitrogen, ammonia MA nitrate +
nitrite [N02+NO31, chlorophyll-a)
• total suspended residue
• turbidity
EQUIPMENT
The in sitar field measurements (temperature, dissolved oxygen (% and mg/1), pH, and specific
conductance) will be taken using a Hydrolab Quanta. A Secchi disk will be used to measure the
water transparency at the three lentic stations across the centerline of the impoundment. All data
conforms to the "Standard Method for the Examination of Water and Wastewater" and EPA
methods.
In addition, Onset Tidbit temperature data loggers will be installed at both reference pond
locations, upstream and downstream of each impoundment, to monitor water temperatures every
two hours. These data loggers will provide precise temperature ranges and can be easily
downloaded in the field.
REPORTING
Upon completion of the water quality study, CEC on behalf of Ammons will provide the DWQ
with an electronic copy and hard copy of an interpretive report summarizing all results and
findings.
0

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v CLEARWATER
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828-698-9800
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Nationwide Permit Application
Submitted April 8, 2008
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• CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
April 8, 2008
Mr. David Baker
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
RE: Ammons Mountain Properties, Inc.
Traditions
Madison County, North Carolina
Mr. Baker,
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr.
Justus Ammons of Ammons Mountain Properties, Inc. Ammons Mountain Properties,
Inc. currently owns approximately 400 acres near Mars Hill in Madison County, North
Carolina and is seeking permit authorization under Nationwide Permit 29 for impacts
associated with development of a single-family residential community, known as
Traditions.
• Should you have any questions regarding the attached PCN and supplemental
information please do not hesitate to contact me at 828-698-9800. A copy of this
package has been sent to Mr. David McHenry of the NC Wildlife Resources Commission
for review. A copy of this application has also been submitted to the NC Division of
Water Quality and Mr. Kevin Barnett of the NC Division of Water Quality, Asheville
Regional Office.
Respectfully,
lr
Rebekah L. Newton
Project Biologist
i
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R. Cl - ?( R? dle, P..
Principal
Copy Furnished:
NC Wildlife Resources Commission - David McHenry
NC Division of Water Quality, Raleigh - Cyndi Karoly (5 copies)
NC Division of Water Quality, Asheville - Kevin Barnett
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www,cwenv.com
r ?
•
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Traditions
2. Name of Property Owner/Applicant: Ammons Mountain Properties, Inc.
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): none
5. Site Address: Crooked Creek Road and Bradley Branch Road
6. Subdivision Name: Traditions
7. City: Mars Hill
8. County: Madison
9. Lat: 35.850038N Long: 82.474181W (Decimal Degrees Please)
10. Quadrangle Name: Barnardsville
11. Waterway: Crooked Creek and Paint Fork
12. Watershed: Upper French Broad 06010105
13. Requested Action:
X Nationwide Permit # 29
General Permit #
Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
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•
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CLEAR WATER EIVIR®NNMNTAL CONSULTANTS, INC.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ.
Property Owner of Record: A m ma ws m oy ww N ayeLTt errs 1MG.
Property Owner Address
Phone number:
Property Location:
Owner/Managing partner Si
Date:
140 A.MyN®IAS

911;- 847- SA(,-to
718 Oakland Sheet
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv,com
Use Only:
USACE Action ID No.
DWQ No.
Form Version March 05
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
• 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
Owner/Applicant Information
Name: Ammons Mountain Properties Inc
Mailing Address: Attn: Justus Ammons
140 Ammons Drive
Ralei,ah, North Carolina 27615
Telephone Number: 919-847-5460 Fax Number
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: R. Clement Riddle
Company Affiliation: C1earWater Environmental Consultants Inc.
Mailing Address: 718 Oakland Street
Hendersonville North Carolina 28791
Telephone Number: 828-698-9800 Fax Number: 828-698-9003
E-mail [e-mail]
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Updated 11/1/2005
Page] of 9
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M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers frill-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Traditions
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
. 3. Property Identification Number (Tax PIN): 9778-04-5652, 9778-03-6662 .9778-11-0962
9777-29-1156, 9778-00-8341, 9777-08-9962, 9768-92-4267 9778-82-2729 9778-12-0774
9778-02-8205, 9777-27-4903, 9768-90-4669
4. Location
County: Madison Nearest Town: Mars Hill
Subdivision name (include phase/lot number): Traditions
Directions to site (include road numbers/names, landmarks, etc.): From Asheville take
19/23 north (Future 26) past WeavervilIe to Exit 9. From Exit 9 turn left towards Burnsville
on 19 East. Travel approximately 2 I/4 miles and turn right onto Crooked Creek Road (State
Route 1526). Travel approximately 3/4 mile on Crooked Creek Road to driveway on right
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.850038 ON 82.474181 °W
6. Property size (acres): +/- 400
7. Name of nearest receiving body of water: Crooked Creek and Paint Fork
8. River Basin: French Broad River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
• River Basin map is available at http://h2o.enl-.state.nc.us/admin/maps/_)
Updated 11/1/2005
Page 2 of 9
. 9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project site contains some homesites but is mostly
wooded. Portions of the property have been cleared in the vicinity of the homesites There is
a logging road network on site as well.
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes the development of a single-family housing community and all associated
infrastructure. Typical construction and earth-moving equipment will be utilized on site
11. Explain the purpose of the proposed work: The purpose of the proposed work is to provide
access to residential homesites.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
• certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules._ An on-site meeting was conducted on February 6 2008 to discuss
project development plans. Other than the on-site meeting this site has no prior project history.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
The master plan submitted with this application represents the site at full build-out including all
roads and all proposed lots. In the future the applicant would like to apply for a pond in the
vicinity of Stream Impact A. Because of the DWG's new requirements set forth in the
"Predictability Study Protocol for Sampling Reference Impoundments" which requires extensive
monitoring and evaluation of existing ponds throughout the growing season Ammons Mountain
Properties, Inc. will not apply for impacts associated with a pond until Fall of 2008 The specific
growing season dates and DWQ requirements prohibit Ammons Mountain Properties Inc from
feasibly applying for a pond at this time as the application would be considered incomplete by
the DWQ. At the time of application, all impacts will be considered cumulatively and mitigated
for accordingly.
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Updated 11/1/2005
Page 3 of 9
071. Proposed Impacts to Waters of the United States/Waters of the State
r
3. List the total acreage (estimated) of all existing wetlands on the property: < 1 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
A UT Crooked Creek Culvert P 4 60 0.0055
B UT Crooked Creek Culvert P 2 88 0.0040
Total Stream Impact (by length and acreage) 148 0.0095
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impacts associated with
this project include the installation of two culverted road crossings and two wetland impacts
associated with road construction to provide access to a residential community.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
No. 1. Fill Herbaceous No Adjacent 0.08
No.2 Fill Herbaceous No Adjacent 0.04
Total Wetland Impact (acres) 0.12
Updated 11/1/2005
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds estuaries sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of

(indicate on map) (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc.) (acres)
No OW impacts.

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S_ resulting from the nrn;Pr-t•
Stream Impact (acres): 0.0095
Wetland Impact (acres): 0.12
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.1295
Total Stream Impact (linear feet): 148
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation - No pond creation.
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a

Updated 11/1/2005
Page 5 of 9
OVII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. .._Impacts on site have been
minimized to the maximum extent practicable Two culverted crossings will provide access to
the entire subdivision. Roads were aligned and shifted above stream origins to further reduce
stream impacts. Stream Impact A was further reduced through the utilization of a retaining wall
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlaiads/sti-nigide.htm1.
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Updated 11/1/2005
Page 6 of 9
0 1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation on site is in the form of avoidance and minimization
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Updated 11/1/2005
Page 7 of 9
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
U„? , OAIG„uS vul JU ICUL pmpenmcutar rrom the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
is Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260.
M. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Ammons Mountain Properties Inc has obtained
the necessary local approval of the SMP Application was made to the Madison County
Watershed Board. The stormwater management plan for this site is under the Water Supply
Watershed Protected Area program which satisfies Phase II requirements
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater generated on site will be treated via single-family on-site wastewater treatment
systems i.e. septic system).
•
Updated 11/]/2005
Page 8 of 9
*xM_ Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No ?
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: Any
goods and services needed by the residence of this development can be obtained from the nearby
towns of Mars Hill and Marshall. This project will not result in additional development which
would impact nearby downstream water quality.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and.
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
1-7
-Z G1??
Applicant[Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
•
Updated 11/1/2005
Page 9 of 9

=i-
-+= - pprominate Site Location h, CLEARWATER
Traditions Environmental Consultants, Inc.
Madison County 718 Oakland Street
North Carolina Hendersonville, NC 28791
Vicinity Map
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Traditions Environmental Consultants, Inc. Topo Map
Madison County 718 Oakland Street Figure 2
North Carolina Hendersonville, NC 28791
828-698-9800
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11
Jurisdictional Determination Infonnation
•
9
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511 Date: 10.17.07
Applicant/Owner: Ammons Mountain Properties, Inc. County: Yancey
Investigators: Scott Taylor and David Nestor State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID• Wetland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID: .
Is the area a potential Problem Area? No Field Location: Wetland DF
(If needed, a lain on the reverse side)
VF GF.TA TinN
Dominant Plant Species (Latin/Common) Stratum Indicator PlantSpecies otin/Common Stratum Indicator
Cmpimts caroliniana (Ironwood) Shrub FAC Lobelia siphilitica (Great blue
lobelia) Herb OBL
Lindera ben:oin (Spicebush) Shrub FACW Boehmeria cylindrica (Small spike
false nettle) Herb FACW+
Rosa multiora (Multiflowered
rose) Shrub UPL Vernonia noveboracensis (New
York ironweed) Herb FAC+
Impatiens capensis (Orange/Spotted
touch me not) Herb FACW Carexfi•ankii (Frank's sedge) Herb OBL
Aster novae-angliae (New England
aster) Herb FACW
ereent of Dominant Species that are OBL, FACW or FAC: FAC Neutral %
(excluding FAC- - 819 89% Numeric Index: %
Remarks: A shaded, mucky seep with a creek running through it at the base of a slope and adjacent to a driveway.
r
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream,Lnke or Tide Gauge
Aerial Photographs
Other
x No Recorded Data
Field Observations
Depth of Surface Water:
Depth to Free Water in Pit:
Depth to Saturated Soil:
0 (in.)>
12"+ (in.)>
1 (in.)>
Wetland Hydrology Indicators
Primary Indicators
x Inundated
x Saturated in Upper 12 Inches
x Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
x Oxidized Root Channels in Upper 12 Inches
x Water Staincd Leaves
Local Soil Survey Data
x FAC-Neutral Test
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:
Applicant/Owner:
Investigators:
Traditions
Ammons Mountain Properties, Inc.
Scott Taylor and David Nestor
Project No: 511
Other (I
Date: 10.17.07
County: Yancey
State: NC
Plot ID:
Remarks:
Snyl .S
in Remarks)
Map Unit Name (Series and Phase): Not Available
Map Symbol: Drainage Class : Mapped Hydric Inclusions?
Taxonomy Field Observations Confirm Mapped Type?
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) (Munsell Moist) (Mansell Moist) Abundance/Contrast Structure, etc.
10 Yr 3/3 loam
2.5 Yr 4/1 7.5 Yr 4/6 Few/faint loam
5-12"+ 10 Yr 411
loam

Hydric soil Indicators
HistO5ol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands.
4
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes Is the Sampling Point within the Wetland? Yes
Wetland Hydrology Present? Yes
Hvdric Soils Present? Yes
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands
Explanation for response to: Normal Circumstances? Atypical Situation? Potential Problem Area?
2
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511 Date: 10.17.07
Applicant/Owner: Ammons Mountian Properties, Inc. County: Yancey
Investigators: Scott Taylor and David Nestor State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID: Wetland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID:
Is the area a potential Problem Area? No Field Location: Wetland DG
(If needed, explain on the reverse side)
VEGETATION
Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator
Carpinus caroliniana (Iromvood) Shrub FAC
Lindera bei oin (S icebush) Shrub FACW
Rosa multiflora (Multiflowered
rose) Shrub UPL
Impatiens capensis (Orange/Spotted
touch me not) Herb FACW
Aster novae-angliae (New England
aster) Herb FACW
Percent of Dominant Species that are OBL, FACW or FAC: FAC Neutral / - %
(excluding FAC- = 415 80% Numeric Index: / - %
Remarks: A shaded, mucky seep with a creek running through it at the base of a slope and adjacent to a driveway.

HYDROLOGY
Recorded Data (Describe in Remarks):
Stream,Lake or Tide Gauge
Aerial Photographs
Other
x No Recorded Data
Field Observations
Depth of Surface Water: 0 (in.)>
Depth to Free Water in Pit: 1211+ (in.)>
Depth to Saturated Soil: I (in.)>
1
Wetland Hydrology Indicators
Primary Indicators
Inundated
x Saturated in Upper 12 Inches
I Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
I Oxidized Root Channels in Upper 12 Inches
X Water Stained Leaves
Local Soil Survey Data
S FAC-Neutral Test
Other (Explnin in Remarks)
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511 Date: 10.17.07
Applicant/Owner: Ammons Mountian Properties, Inc. County: Yancey
Investigators: Scott Taylor and David Nestor State: NC
Plot ID:
Remarks:
SOILS
Map Unit Name (Series and Phase): Not Available
Map Symbol: N/A Drainage Class: Mapped Hydric Inclusions? No
Taxonomy Not Available Field Observations Confirm Mapped Type? No
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) unsell Moist unsell Moist Abundance/Contrast Structure, etc.
0-.25" 10 Yr 2/2 Loam
.25-4" 2.5 Yr 3/1 7.5 Yr 4/4 Few/faint Loam
4-12"+ 2.5 Yr 3/1.5 loam

Hydric soil Indicators
Histosol Concretions
Histic Epipedon High Organic Content in"Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:
4
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes Is the Sampling Point within the Wetland? Yes
Wetland Hydrology Present? Yes
Hvdric Soils Present? Yes
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria For jurisdictional wetlands
Explanation for response to: Normal Circumstances? Atypical Situation? Potential Problem Area?
2
DATA FORM
ROUTINE WETLAND DETERMINATION
• (1987 COE Wetlands Determination Manual)
Project 1 Site: Traditions - Wetland RC Date: 10/17/07
Applicant I Owner: Traditions County Madison
Investigator: CEC State: NC
Do normal circumstances exist on the site? Yes X No Community ID: WL
Is the site significantly disturbed (Atypical situation)? Yes No X Transect !D:
Is the area a potential problem area? Yes No X Plot ID:
(explain on reverse if needed)
VEGETATION
.7
LJ
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum indicator
1. Salix nigra T QBL 9. Aster novae-angliae 1-1 FACW-
2. Poly4onum caespitosum H FACW- 10.
3. Juncus effusus H FACW 11.
4. Acer rubrum T FAC 12.
5. Liriodendron tulipifera T FAC 13,
6. Microstegim vimineum 1-1 FAC+ 14.
7. Scirpus validus 11 QBL 15.
8. Echinochloa crusgalli H FACW- 16.
Percent of Dominant Species that are QBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
- Aerial Photographs Primary Indicators:
Other Inundated
x Saturated in Upper 12"
x No Recorded Data Available _ Water Marks
x Drift Lines
Field Observations: _ Sediment Deposits
x Drainage Patterns in Wetlands
Depth of Surface Water: 0 (in.) Secondary Indicators:

Depth to Free Water in Pit: 6 (in.) X Oxidized Roots Channels in Upper 12"
x Water-Stained Leaves

_ Local Soil Survey Data
Depth to Saturated Soil: 4 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks: This wetland is located at the upstream end of an existing pond.
SOILS
•
is
Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
04 A IOYR3/3 loam
4-7 A 10YR4/2 IOYR4/4 few/faint loam
7-12+ A 2.5YR3/1 loam
Hydric Soil Indicators:
Histosol _ Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Solis
x Sulfidic Odor Organic Streaking in Sandy Soils
_ Ayuic Moisture Regime Listed On Local Hydric Soils List.
x Reducing Conditions Listed on National Hydric Soils List
x Gieyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No
Wetland Hydrology Present? "es x 1.o
Hydric Soils Present? Yes x No
Remarks:
Is the Sampling Point
Within a Weiland? Yes x No
r?
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
•
0
Project / Site: Traditions -- Wetland RE
Applicant/ Owner: Traditions
Investigator: CEC Date: 10/17/07
County: Madison
State: NC

Do normal circumstances exist on the site? Yes X No
Is the site significantly disturbed (Atypical situation)? Yes No X
Is the area a potential problem area? Yes No X
(explain on reverse if needed) Community ID: WL
Transect ID:
Plot ID:
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Lindera benzoin S FACW 9.
2. PolVgonum caespitosum H FACW- 10.
3._ PolVstichum acrostichoides H FAC 11.
4. Juglans nigra T FACU 12.
5. 13.
6. 14.
7. 15.
B. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). '/4 = 75%
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
- Aerial Photographs Primary Indicators:
Other x Inundated
x Saturated in Upper 12"
X No Recorded Data Available _ Water Marks
x Drift Lines
Field Observations: x Sediment Deposits
x Drainage Patterns in Wetlands
Depth of Surface Water: 0 -'/4 (in.) Secondary Indicators:

Depth to Free Water in Pit: 0-2 (in.) Oxidized Roots Channels in Upper 12"
x Water-Stained Leav
es
Local Soil Survey Data
Depth to Saturated Soil: 4 (in.) _ FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
•

Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Mansell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 A I QYR3/2 loam
4-5 A 10YR4/2 loam
5-12+ A 10YR3/1 loam
Hydric Soil Indicators:
_ Histosoi _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
x Sulfidic Odor Organic Streaking in Sandy Soils
_Aquic Moisture Regime Listed On Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No
Wetland Hydrology Present? Yes x No
Hydric Soils Present? Yes x No
Remarks:
Is the Sampling Point
Within a Wetland? Yes x No
•
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions/Mercer Project No: 511 Date: 11 27.07
Applicant/Owner: Ammons Mountain Properties, Inc_ County: Madison
Investigators: CEC State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID. • Wetland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID•
Is the area a potential Problem Area? No Field Location: Wetland "SX"
(If needed, explain on the reverse side)
VEIGRTATION
Dominant Plant Species atin/Common Stratum Indicator Plant Species atin/Cammon Stratum Indicator
Ahms seindata/tag alder SHRUB FACW+ rvlimuhis alatus/winged
monkeyflower HERB OBL
Lindera benzoin/S icebush SHRUB FACW Juncits of tsus/soft rush HERB FACW+
Rosa mmdtia•a/multiflowered rose SHRUB UPL Schpus validuslsoftstem bulrush HERB OBL
Rubes phoenicolasnrs/wineberry SHRUB NI Vinca minor/Madagascar
periwinkle HERB N]
Rudbeckia lacinata/greenheaded
coneflower HERB FACW
Percent of Dominant Species that are OBL, FACW or FAC: FAC Neutral %
(excluding FAC- = 6/7 86% Numeric Index:
Remarks: A seepage slope community with a creek running through it.
L
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream,Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data
Field Observations
Depth of Surface Water: 0-2" (in.)>
Depth to Free Water in Pit: 0- (in.)>
12"+
Depth to Saturated Soil: 6" (in.)>
1
Wetland Hydrology Indicators
Primary Indicators
Inundated
x Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
x Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
a Oxidized Root Chnnnels in Upper 12 Inches
x Water Stained Leaves
Local Soil Survey Data
X FAC-Neutral Test
Other (Explain in Remarks)
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
I
Project/Site: Traditions/Mercer Project No: 511 Date: 11.27.07
AppUcant/Owner: Ammons Mountain Properties, Inc. County: Madison
Investigators: CEC State: NC
Plot ID:
Remarks:
SOILS
Map Unit Name (Series and Phase): Not Available
Map Symbol: Drainage Class : Mapped Hydric Inclusions?
Taxonomy Field Observations Confirm Mapped Type?
(Subgroup):
Profle Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3" A 10 YR 3/3 loam
3-5" A 10 YR 3/3 2.5 YR 4/1 Few/distinct loam
5-12" A 2.5 YR 4/1 loam

Hydric soil Indicntors
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
X Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:

WEETLAND DETERMINATION
Hydropbytic Vegetation Present? Yes Is the Sampling Point within the Wetland? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands
Explanation for response to: Normal Circumstances? Atypical Situation? Potential Problem Area?
2
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions/Mercer
Applicant/Owner: Ammons Mountain Properties, Inc.
Investigators: CEC
Project No: 511 Date: ] 1.27.07
County: Madison
State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID: Upland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID:
Is the area a potential Problem Area? No Field Location: Upland of"SX"
(If needed, explain on the reverse side)
V F..GR.TATTnN
Dominant Plant Species atia/Commoa Strntum Indicator PlantSpecies (Latin/Common) Strntum Indicator
Fogus randifolia/American beech TREE FACU
Pinus strobus/Eastern white pine TREE FACU
Quercus alba/white oak TREE FACU

Percent of Dominant Species that are OBL, FACW or FAC: FAC Neutral %
(excluding FAC- = 0/3 0% Numeric Index: / - %

4 emarks: An upland ridge adjacent to wetland "SX."
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
Stream,Lake or Tide Gauge Primary Indicators
Aerial Photographs I Inundated
Other x Saturated in Upper 12 Inches
Water Marks
x No Recorded Data Drift Lines
Sediment Deposits
Field Observations X Drainage Patterns in Wetlands
Depth of Surface Water: 0" (in.)> Secondary Indicators (2 or more required):
Depth to Free Water in Pit: >12" (in.)> x Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: >12" (in.)> x Water Stained Leaves
Local Soil Survey Data
x FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions/Mercer Project No: 511
Applicant/Owner: Ammons Mountain Properties, Inc.
Investigators: CEC
SOILS
Date: 11.27.07
County: Madison
State: NC
Plot ID:
Map Unit Name (Series and Phase): Not Available
Map Symbol: Drainage Class : Mapped Hydric Inclusions?
Taxonomy Field Observations Confirm Mapped Type?
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions

(Inches)
"
unsetl Moist)
unsell Moist)
Abundance/Contrast ,
Structure, etc.
04 A 10 YR 3/4 loam
4-12+" A 10 YR 516 loam

Hydric soil Indicators
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
k;;?Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present? NO Is the Sampling Point within the Wetland? NO
Wetland Hydrology Present? NO
H dric Soils Present? No
Remarks:
71iis area does not meet the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands.
Explanation for response to:
•
Normal Circumstances? Atypical Situation? Potential Problem Area?
z
9 APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Madison City: Burnsville
Center coordinates of site (lot/long in degree decimal format): Lat. 35.850038° N, Long. 82.474181 ° E.
Universal Transverse Mercator.
Name of nearest waterbody: Crooked Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River
Name of watershed or hydrologic Unit Code (HUC): Upper French Broad 06010105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offshe mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
C] Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION U: SUMMARY OF FINDINGS
A. RIIA SECTION 10 DETERMINATION OF JURISDICTION.
There PfekList "navigable waters of the U.S" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required)
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): r
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 5500 linear feet: 4 width (ft) and/or 0.51 acres.
Wetlands: .0.0 1 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established 01-]WM (if known):
2. Non-regulated waters/wetlands (check if applicable)?
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
is Explain:
'Boxes checked below shall be supported by completing the appropriate sections in Section 111 below.
For purposes of this form, an RPW is defined as a tributary that is not a * NW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Suooortine documentation is nresented in Sectinn 111.17
SECTION III: CWA ANALYSIS
0. TN VVs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section M.A.1 and Section III.D.1. only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections M.A.] and 2
and Section III.D.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (1 ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapavos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permnnent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an .PP, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section M.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section U11.133 for all wetlands adjacent to that tributary, both onsite
and otlsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainnge area: Pick List
Average annual rainfall: inches
Average annual snowfall: incites
(ii) Physical Characteristics:
(a) Relationship with 7NW:
? Tributary )lows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TN W.
Project waters are Pick List river miles from RPW.
Project waters are PickList aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, ifknown:
Note that the Instrucnouni Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the aril
west.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to now into tributary b, which then flows into TNW.
N General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick I;ist.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/%cover-
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Nel[°T st
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: PckList
Estimate average number of flow events in review arealyear: Piclt List
Describe flow regime:
Other information on duration and volume:
Surface flow is: PkkI st. Characteristics:
Subsurface flow: P-cklist Explain findings:
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the bank
? changes in the character of soil
? shelving
? vegetation matted down, bent, or absent
? leaf litter disturbed or washed away
? sediment deposition
? water staining
? other (list):
? the presence of litter and debris
? destruction of terrestrial vegetation
? the presence of wrack line
? sediment sorting
? scour
? multiple observed or predicted flow events
? abrupt change in plant community
El Discontinuous OHWM.' Explain:
If factors other than the OFI WM were used to determ
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
"A natural or man-made discontinuity in the 01-I WM does not necessarily sever jurisdiction (e.g., where the stream temporarily !lows underground, or where
the 011Wivl has been removed by development or agricullurnl practices), Where there is a break in the OHWM that is unrelated to the wulerbody's now
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break-
7 Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
40 ? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain Findings:
? Aquatichvildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: PkkT,Ist Explain:
Surface flow is: PicicI;ist
Characteristics:
Subsurface flow: P c IAit. Explain Findings:
? Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW•
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TN W.
Flow is from: Pick=List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for.
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick.List
Approximately ( ) acres in total are being considered in the cumulative analysis.
0
For each wetland, specify the following:
Directly abuts? (YIN) Size (in acres) Directly abuts? (YIN) Size fin acres]
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects an the TNW, as identified in the Rapanas Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TN W?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
• support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-"W that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence ofsignificant nexus below, based on the tributary itself, then go to Section 111.1):
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on die tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but thnt do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section 111.1):
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (fl), Or, acres.
[] Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: OHWM, macro invertebrate..
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section 111.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
• M Tributary waters: 5500 linear feet 4 width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Non-RPWs' that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TN W is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (f3).
[] Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: <O.OI acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional: waters.
As a general rule, the impoundment ofa jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA STATE) WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AF I CT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):'0
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which Fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
!E Footnote # 3.
To complete the analysis refer to the key in Section 111.D.6 of the Instructional Guidebook.
I'l Prior to asserting or dcctioing CNVA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA ]IQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CJVAAct Jurisdiction Following Rapanos.
• Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (fl).
Other non-wetland waters: acres.
Identify type(s) of waters: ,
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within die review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SIPflNCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
[] Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (11).
[] Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit 1-IUC maps.
© U.S. Geological Survey map(s). Cite scale & quad name:Burnsville 1:24,000.
? USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
ADDITIONAL COMMENTS TO SUPPORT JD: This form applicable to Channel RA, RD, RF, DA, DB: DC. and DE; Wetlands RC.
RE, DF, and DG; and Pond RB.

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C7
DWQ Request for More Information
Issued April 15, 2008
r?
LJ
0
?OF WATF9Q Michael F. Easley, Governor
`Q t? William G. Ross Jr., Secretary
Cq r North Carolina Department of Environment and Natural Resources
C Coleen H. Sullins, Director
• Division of Water Quality
- April 15, 2008
DWQ Project # 08-0675
Madison County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Justus Ammons
Ammons Mountain Properties, Inc.
140 Ammons Drive
Raleigh, NC 27615
Subject Property: Traditions
Ut to Crooked Creek [040304, 6-96-10-1-8, WSII, HQW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ammons:
On April 10, 2008, the Division of Water Quality (DWQ) received your application dated April 9, 2008,
to fill or otherwise impact 0.12 acres of 404/wetland and 148 linear feet of perennial stream to construct
the proposed residential development at the site. The DWQ has determined. that your application was
incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
• subject property. Therefore, unless we receive five copies of the additional information requested below,
we will have to move toward denial of your application as required by 15A NCAC 2H.0.506 and will
place this project on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Please provide an inventory of proposed project imperviousness area based on the estimated
built-out conditions. Please include all proposed building footprints, roads, driveways, sidewalks,
gravel-surfaced areas, amenity areas, etc.
2. Please provide a building envelope for Lot 21 on the site plan and include location of the septic
field.
3. Please provide a copy SMP approval from Madison County.
4. "Preliminary Construction" verbiage should be removed from your application documents.
Please provide impact map showing stream impact "B" and wetland impact No. 1 together in
greater detail (include proposed road fill slope, rip-rap, etc.). Sheet C-24 seems to portray more
stream impact than is enumerated. Please address this.
• NooAhCarobna
401 Oversight/Express Review Permitting Unit d vaturQ11f
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http //h2o enr state nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
Ammons Mountain Properties, Inc.
Page 2 of 2
April 15, 2008
• Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn
and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr..Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to di uss this matter.
Sic ely,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBKlijm
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791
• Filename: 080675Traditions(Madison)On_Hold
0
•
CEC response to DWQ Request for More Information
Submitted May 13, 2008
•
0
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
0 May 13, 2008

Mr. Ian McMillan
NC Division of Water Quality
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Request for Additional Information
Traditions
Madison County
DWQ Project # 08-0675
Dear Mr. McMillan,
Please reference the "Request for More Information" dated April 15, 2008 sent by the North
Carolina Division of Water Quality (DWQ) in response to the permit application submitted by
C1earWater Environmental Consultants, Inc. (CEC), on behalf of Ammons Mountain Properties,
Inc., requesting written authorization for the construction of permanent road crossings associated
with the development known as Traditions. The DWQ determined that the application was
incomplete and/or provided inaccurate information and requested five additional items for review.
Each additional information request will be discussed below.
• 1. "Please provide an inventory of proposed project imperviousness area based on the
estimated built-out conditions. Please include all proposed building footprints, roads, driveways,
sidewalks, gravel-surfaced areas, amenity areas, etc. "
An "Impervious Area Inventory" for the Traditions project site is attached as Appendix
A. Total percentage of impervious areas at the site, at full build out, will be approximately 6.42.
2. "Please provide a building envelop for Lot 21 on the site plan and include location of the
septic field. "
A new plan set which includes the building envelope and septic field location for Lot 21
is attached as Appendix B. The lot is buildable without further impacts to stream and wetlands.
"Please provide a copy of the SMP approval for Madison County. "
According to the "Interactive Map for Stormwater Permitting Areas" maintained by the
DWQ Stormwater Unit, the Crooked Creek area of Madison County is bound by local water
supply watershed rules. Based on the public notice issued by the DWQ on August 20, 2007, local
approval of the SMP under the Water Supply Watershed 11, III, and IV program shall satisfy the
State requirements and shall not require the approval from the DWQ 401 permitting staff as part
of the 401 application process- The project plans were submitted and approved by Mr. Ryan
Cody of the Madison County Watershed Board in August of 2007. Because the project plans had
• 718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Mr. Ian McMillan
December 13, 2007
Page 2 of 2
been approved by the Madison County Watershed Board and based on the information provided
by the interactive map and public notice, CEC advised Ammons Mountain Properties, Inc. and
the project team that this requirement had been met. Upon further investigation and
conversations with the DWQ office, it was discovered that local authority had, in fact, not been
delegated to Madison County and a SMP could still be required by the DWQ through the 401
application process. CEC apologizes for the confusion regarding this matter.
The project team has designed a low-density project in which impervious surface area is well
below the 12% DWQ standard. Impervious surface area for the entire project at built out will be
approximately 6.42% and stormwater run off will be transported by vegetated shoulders and
drainage swales.
4. "`Preliminary Construction' verbiage should be removed from your application
documents. "
"Preliminary Construction" verbiage has been removed from all maps and plan sheets. An
updated set of maps and plan sheets is attached as Appendix B.
5. "Please provide impact map showing stream impact `B' and wetland impact No. I
together in greater detail (include proposed road fill slope, rip-rap, etc) Sheet C-24 seems to
portray more stream impact than is enumerated. Please address this. "
A plan sheet showing stream impact "B" and wetland impact No. I together along with
proposed road slopes and location of rip-rap is attached in Appendix B. Stream impact "B" is
• correct as drawn on the site plan. There is an existing 20 linear foot pipe at the end of the stream
segment shown to be impacted. The existing culvert length was not included in the enumerated
impacts (88 linear feet) because it is not a new impact. There are also culverts shown across from
wetland impact No. 2 and downstream of stream impact "A". These culverts are existing and
therefore were not enumerated as impacts. These areas were reviewed by the DWQ, the US
Army Corps of Engineers, and the NC Wildlife Resources Commission during an on-site meeting
on February 6, 2008.
The information submitted in this package addresses all issues setforth in the "Request for More
Information" letter. CEC and Ammons Mountain Properties,. Inc. appreciated the DWQ's patience
and consideration while reviewing this project. Should you have any questions or comments
concerning this project please do not hesitate to contact me at 828-698-9800.
Sincerely,
, 10 -P
Rebekah L. Newton
Project Biologist
cc: NC Division of Water Quality - Asheville
R. Clement Riddle, P.W.S.
Principal
0
•
Appendix A
(Impervious Area Inventory)
0

TRADITIONS SUBDIVISION
IMPERVIOUS AREA INVENTORY
In response to Comment No. 1, contained in the Division of Water Quality's
Request for More Information dated April 19, 2008, the following is an inventory
of expected build-out impervious areas for the subject property.
The total project area is approximately 392.2 acres, subdivided into 155 single
family lots of over one acre each as required and approved by the Madison
County Watershed Board. For the purposes of this inventory, each lot is
expected to have a 2,700 sf structure footprint (two story sloping lot single family
structure).
Each home site will be accessed by driveways of approximately 12 ft width and
averaging 200 If long. Historically for subdivisions of this nature and locale,
approximately 50% are developed as aggregate base course surfaces. For the
purposes of this inventory, all driveways will be considered to be paved.
The project has a total of 5.83 miles (30,780 If) of proposed roads, with widths of
18 and 20 feet. For the purposes of this inventory, the roads will be considered to
be 20 ft wide and paved. No curbing is planned, with grassed shoulders and
. drainage swales.
Therefore:
(155 lots)(2,700 sf ea. building) ......................418,500 sf
(155 lots)(12 ft x 200 ft ea. Driveway) .............. 62,000 sf
(30,780 If roads)(20 ft wide) .......................... 615600 sf
Total Impervious area....... 1,096,100 sf = 25.16 ac
(25.16 impervious area) / (392 ac Total site area)= 6.42% Impervious
9
•
Appendix B
(Plan Set)
0

•
DWQ Second Request for More Information
Issued May 15, 2008

0
?O? ?V rt 1 F9 Michael F. Easley, Governor
C- William G. Ross Jr., Secretary
F/) rte- North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
May 15, 2008
DWQ Project # 08-0675
Madison County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
CEC.Proj®ct # 151
Mr. Justus Ammons
Ammons Mountain Properties, Inc. Dat® Recieved 519-08
140 Ammons Drive
Raleigh, NC 27615
Subject Property: Traditions
Ut to Crooked Creek [040304, 6-96-10-1-8, WSII, HQW]
REQUEST FOR MORE INFORMATION
Dear Mr. Ammons:
On April 10, 2008, the Division of Water Quality (DWQ) received your application dated April 9, 2008,
to fill or otherwise impact 0.12 acres of 404/wetland and 148 linear feet of perennial stream to construct
the proposed residential development at the site. On May 14, 2008, the DWQ.received additional
information from you, however, the DWQ has determined that your application remains incomplete
and/or provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact protected wetlands and/or streams on the
subject, property. Therefore, unless we receive five copies of the additional information requested below,
we will place this project on hold as incomplete until we receive this additional information. If we do not
receive the requested information, your project will be formally returned as incomplete. Please provide
the following information so that we may continue to review your project.
Additional Information Requested:
In your application you mention that you will be applying for an amenity pond in the fall of 2008,
however, it is our understanding that the USACE will be requiring you to apply for the impacts
associated with the proposed amenity pond at this time along with the proposed impacts
associated with the residential development. Therefore, DWQ will also require you to apply for
the amenity pond at this time. When you reapply, please explain why the current onsite pond
would not serve your needs, and if not, why an offline pond could not be constructed along
Crooked Creek.
Please submit this information within 30 calendar days of the date of this letter. If we do not receive this
requested information within 30 calendar days of the date of this letter, your project will be withdrawn
and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
NorthCarolina
4t„ Oversight/Express Review Permitting Unit ?<I?1fCll??lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http•//h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/1 0% Post Consumer Paper
Ammons Mountain Properties, Inc.
Page 2 of 2
May 15, 2008

Since ,
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm .
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791
Filename: 080675Tra di No ns(Madison)O n_Hold2
•
0

Corps Request for Individual Permit Application
Issued May 29, 2008
0

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No. SAW-2008-1268
May 29, 2008
CEC Project # `3I
Date Recieved
Mr. Justus Ammons
Ammons Mountain Properties, Inc.
140 Ammons Drive
Raleigh, North Carolina 27615
Dear Mr. Ammons:
Reference your April 9, 2008 application submitted for the construction of the approximate
400-acre single-family residential development known as Traditions. The parcel is located off of
Crooked Creek Road near Mars Hill in Madison County, North Carolina.
• An on-site preapplication meeting was held on February 6, 2008 to discuss proposed
impacts to waters of the United States associated with construction of the development. As
shown on the master plan of the development, and Figure 3c of your permit application plans, the
impacts are associated with roadway infrastructure and an on-line amenity pond on an unnamed
tributary to Crooked Creek. The majority of the interagency discussions related to the proposed
pond construction and alternatives which would totally avoid impacts to the UT to Crooked
Creek.
Your submitted nationwide permit application is for 148 linear feet of stream loss and 0.12
acre of adjacent wetland fill in conjunction with the subdivision roadway construction only. The
application clearly states that an additional application will be submitted for impacts associated
with the pond construction in the Fall of 2008.
33 CFR, Part 325.1(d)(2) of our regulations states "All activities which the applicant plans
to undertake which are reasonably related to the same project and for which a DA permit would
be required should be included in the same permit application. District engineers should reject,
as incomplete, any permit application which fails to comply with this requirement."
Accordingly, we have retired your incomplete application. Unless the pond is deleted from
your master plan, or constricted off-line to avoid all impacts to waters of the United States, an
individual permit application will be required for all impacts associated with the project. A
mitigation plan to compensate for all unavoidable impacts to waters and wetlands will need to be
included in the application.
2
•
If you have any questions please contact the undersigned at 828-271-7980, extension 225.
Sincerely,
CtY1?`??? y ' ?" 6
David K. Baker
Project Manager
Asheville Regulatory Office
Copy furnished:
Clement Riddle
ClearWater Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, North Carolina 28791
Cyndi Karoly
• North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
David McHenry
North Carolina Wildlife Resources Commission
20830 Great Smoky Mountains Expressway
Waynesville, North Carolina 28786
Bryan Tompkins
US Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
0
C7
DWQ Return of Application
Issued June 25, 2008

0
-----`otC G William 0. Ross Jr., Secretary
co 7 North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
• June 25, 2008
DWQ Project # 08-0675
Madison County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Justus Ammons CEC Project #
Ammons Mountain Properties, Inc.
140 Ammons Drive Date Recieved .?Q . '
Raleigh, NC 27615
Subject Property: Traditions
Utto Crooked Creek [040304, 6-96-10-1-8, WSII, HQW]
RETURN OF APPLICATION
Dear Mr. Ammons:
On April 10, 2008, the Division of Water Quality (DWQ) received your application dated April 9, 2008,
to fill or otherwise impact 0.12 acres of 404/wetland and 148 linear feet of perennial stream to construct
the proposed residential development at the site. On May 14;. 2008, and June 20, 2008, the DWQ
received additional information for this project, however, the DWQ has determined that your application
remains incomplete and/or provided inaccurate information as discussed below.
• 1. On June 20, 2008, the DWQ received correspondence from the USACE Asheville Regulatory
Field Office to you dated May 29, 2008, indicating they "have retired your incomplete
application". Accordingly, DWQ will also return your application for the above-referenced
project.
For this reason your permit application is hereby considered returned. Once you have redesigned your
project to address the problems and inadequacies with your application as it was submitted, you will need
to reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General Statutes and
Administrative Code. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have
any questions or concerns.
Since •e ,
Cyndi Karoly, Supervisor
01 Oversight/Express Review Permitting Unit
Nai-thCarolina
on`
A Oversight/Express Review Permitting Unit d vutura???
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: litto //h2o enr state nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employtr - 50% Recycled/] 0% Post Consumer Paper
Ammons Mountain Properties, Inc.
Page 2 of 2
June 25, 2008
• cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Paul Rawls
Clement Riddle, CEC, 718 Oakland Street, Hendersonville, NC 28791

Filename: 080675Trad iti ons(M adiso n)Return ed_Applicati o n
•
0
•
DATA FORM
ROUTINE WETLAND DETERMINATION
(9987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511
Applieant/Owner: Ammons Mountain Properties, Inc.
Investigators: Scott Taylor and David Nestor
Date: 10.17.07
County: Yancey
State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID: Wetland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID:
Is the area a potential Problem Area? No Field Location: Wetland DF
(If needed, explain on the reverse side)
VEGETATION
r
Dominant Plant Species (Latin/Common) Stratum Indicator Plant Species (Latin/Common) Stratum Indicator
Caipinus caroliniana (Ironwood) Shrub FAC Lobelia siphilitica (Great blue
lobelia) Herb OBL
Lindera bet=oin (Spicebush) Shrub FACW Boehmeria cylindrica (Small spike
false nettle) Herb FACW+
Rosa multiora (Multiflowered
rose) Shrub UPL Vernonia noveboracensis (New
York ironweed) Herb FAC+
Impatiens capensis (Orange/Spotted
touch me not) Herb FACW Carex frankii (Frank's sedge) Herb OBL
Aster novae-angliae (New England
aster) Herb FACW
ercent of Dominant Species that are OBL, FACW or FAC: FAC Neutral / - %
(excluding FAC- = 8/9 89% Numeric Index: %
Remarks: A shaded, mucky seep with a creek running through it at the base of a slope and adjacent to a driveway.
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
Stream,Lake or Tide Gauge Primary Indicators
Aerial Photographs X Inundated
Other a Saturated in Upper 12 Inches
x Water Marks
x No Recorded Data Drift Lines
Sediment Deposits
Field Observations Drainage Patterns in Wetlands
Depth of Surface Water: 0 (in.)> Secondary Indicators (2 or more required):
Depth to Free Water in Pit: 12"+ (in.)> z Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: I (in.)> x Water Stained Leaves
Local Soil Survey Data
X FAC-Neutral Test
1
DATA FORM
ROUTINE WETLAND DETERMINATION
. (9987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511 Date: 10.17.07
Appticant/Owner: Ammons Mountain Properties, Inc. County: Yancey
Investigators: Scott Taylor and David Nestor State: NC
Plot ID:
Other (Explain in Remarks)
Remarks:
SOILS
4 Histosol Concretions
Map Unit Name (Series and Phase): Not Available
Map Symbol: Drainage Class: Mapped Hydric Inclusions?
Taxonomy Field Observations Confirm Mapped Type?
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) (Munsell Moist) (Mansell Moist) Abundance/Contrast Structure, etc.
0-1" 10 Yr 3/3 loam
1-5" 2.5 Yr 4/1 7.5 Yr 4/6 Few/faint loam
5-12"+ 10 Yr 411 loam

Hydric soil Indicators

Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands.
WE, TLA ND DETERMINATION
Hydrophytic Vegetation Present? Yes Is the Sampling Point within the Wetland? Yes
Wetland Hydrology Present? Yes
Hvdric Soils Present? Yes
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands
Explanation for response to: Normal Circumstances? Atypical Situation? Potential Problem Area?
2
DATA FORM
ROUTINE WETLAND DETERMINATION
• (1987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511 Date: 10.17.07
Applicant/Owner: Ammons Mountian Properties, Inc. County: Yancey
Investigators: Scott Taylor and David Nestor State: NC
Plot M:
Do Normal Circumstances exist on the site? Yes Community ID: Wetland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID:
Is the area a potential Problem Area? No Field Location: Wetland DG
(If needed, e plain on the reverse side
VEGETATION

Dominant Plant Species (Latin/Common) Stratum Indicator PlantSpecies (Latin/Common) Stratum Indicator
Carpimts caroliniona ronwood) Shrub FAC
Lindera beirroin (S icebush) Shrub FACW
Rosa multi©ora (Multiflowered
rose) Shrub UPI.
Impatiens capensis (Orange/Spotted
touch me not) Herb FACW
Aster novae-angliae (New England
aster) Herb FACW
Percent of Dominant Species that are OBL, FACW or FAC: FAC Neutral
(excluding FAC- = 415 80% Numeric Index. / - %
Remarks: A shaded, mucky seep with a creek running through it at the base of a slope and adjacent to a driveway.
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
Stream,Lake or Tide Gauge Primary Indicators
Aerial Photographs x Inundated
Other x Saturated in Upper 12 Inches
X Water Marks
x No Recorded Data Drift Lines
Sediment Deposits
Field Observations Drainage Patterns in Wetlands
Depth of Surface Water: 0 (in.)> Secondary Indicators (2 or more required):
Depth to Free Water in Pit: 1211+ (in.)> x Oxidized Root Channels in Upper 12 Inches
Depth to Saturated Soil: I (in.)> x Water Stained Leaves
Local Soil Survey Dnta
X FAC-Neutral Test
Other (Explain in Remarks)
1
DATA FORM
ROUTINE WETLAND DETERMINATION
• (1987 COE Wetlands Delineation Manual)
Project/Site: Traditions Project No: 511 Date: 10.17.07
Applicant/Owner: Ammons Mountian Properties, Inc. County: Yancey
Investigators: Scott Taylor and David Nestor State: NC
Plot ID:
Remarks:
SOILS
Map Unit Name (Series and Phase): Not Available
Map Symbol: N/A Drainage Class: Mapped Hydric Inclusions? No
Taxonomy Not Available Field Observations Confirm Mapped Type? No
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) unsell Moist unsell Moist Abundance/Contrast Structure, etc.
0-.25" 10 Yr 2/2 Loam
.25-4" 2.5 Yr 3/1 7.5 Yr 4/4 Few/faint Loam
4-12"+ 2.5 Yr 3/1.5 loam

Hydric soil Indicators
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes Is the Sampling Point within the Wetland? Yes
Wetland Hydrology Present? Yes
Hvdric Soils Present? Yes
Remarks:
This area meets the 1487 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands
Explanation for response to: Normal Circumstances? Atypical Situation? Potential Problem Area?
2
DATA FORM
• ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Traditions - Wetland RC Date: 10/17/07
Applicant! Owner: Traditions County: Madison
Investigator: CEC State: NC

Do normal circumstances exist on the site? Yes X No Community 1D: WL
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No X Plot 1D:
(explain on reverse if needed)
VEGETATION
is
0
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Salix nigra T OBL 9. Aster novae-analiae _ H FACW-
2. Poly4onum caespitosum H FACW- 10.
3. Juncus effusus H FACW 11.
4. Acer rubrum T FAC 12.
5. Liriodendron tulipifera T FAC 13.
6. Microste im vimineum H FAC+ 14.
7. Scirpus validus }I OBL 15.
8. Echinochloa crusgalli H FACW- 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
_ Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
_ Other - Inundated
x Saturated in Upper 12"
x No Recorded Data Available Water Marks
x Drift Lines
Field Observations: Sediment Deposits
x Drainage Patterns in Wetlands
Depth of Surface Water: 0 (in.) Secondary Indicators:

Depth to Free Water in Pit: 6 (in.) X Oxidized Roots Channels in Upper 12"
X Water-Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soil: 4 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks: This wetland is located at the upstream end ofan existing pond.
SOILS
•

Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 A I QYR3/3 loam
4-7 A I OYR4/2 I QYR414 few/faint loam
7-I2+ A 2.5YR3/1 loam
Hydric Soil Indicators:
_ Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
x Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed On Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Law-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No
Wetland Hydrology Present? Yes x No
Hydric Soils Present? Yes x No
Remarks:
Is the Sampling Point
Within a Wetland? Yes x No
9
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
•
9
Project / Site: Traditions - Wetland RE Date: 10/17/07
Applicant / Owner: Traditions County: Madison
Investigator: CEC State: NC
Do normal circumstances exist on the site? Yes X No Community ID: WL
Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID:
Is the area a potential problem area? Yes No X Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. l.indera benzoin S FACW 9.
2. Polygonum caespitosum H FACW- 10.
3._ Polystichum acrostichoides H FAC 11.
4. Juglans nigra T FACU 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). :/< = 75%
Remarks:
HYDROLOGY
_ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
- Stream, Lake, or Tide Gauge
Aerial Photographs Primary Indicators:
Other x Inundated
x Saturated in Upper 12"
x No Recorded Data Available _ Water Marks
x Drift Lines
Field Observations: x Sediment Deposits
x Drainage Patterns in Wetlands
Depth of Surface Water: 0 - % (in.) Secondary Indicators:

Depth to Free Water in Pit: 0-2 (in.) Oxidized Roots Channels in Upper 12"
x Water-Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soil: 4 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
•
•
Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist)Abundance/Contrast Structure, etc.
0-4 A 10YR3/2 loam
4-5 A 10YR4/2 loam
5-12+ A IOYR3/1 loam
Hydric Soil Indicators:
Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
x Sulfidic Odor Organic Streaking in Sandy Soils
,,,.,_Aquic Moisture Regime Listed On Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No
Wetland Hydrology Present? Yes x No
Hydric Soils Present? Yes x No
Is the Sampling Point
Within a Wetland? Yes x No
Remarks:
•
0
Project/Site:
Applicant/Owner:
Investigators:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Traditions/Mercer Project No: 511 Date: 11.27.07
Ammons Mountain Properties, Inc. County: Madison
CEC State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID. • Wetland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID:
Is the area a potential Problem Area? No Field Location: Wetland "SX"
(If needed, explain on the reverse side)
VEGETATION
Dominant Plant Species (Latin/Common) Stratum Indicator Plant S ccies atin/Common Stratum Indicator
Alnus serrulata/tag alder SHRUB FACW+ Minwhis alatus/winged
monkeyflower HERB OBL
Lindera benzoin/S icebush SHRUB FACW Juncus of isialsoft rush HERB FACW+
Rosa multiora/multiflowered rose SHRUB UPI, Schpus validuslsoftstem bulrush HERB OBL
Rubirsphoeiircolashts/wineberry SHRUB NI Vinca minor/Madagascar
periwinkle HERB NI
Rudbeckia lacinata/greenheaded
coneflower HERB FACW
Percent of Dominant Species that are OBL, FACW or FAC: FAC Neutral %
(excluding FAC- - 6/7 86% Numeric Index: %
Remarks: A seepage slope community with a creek running through it.

HYDROLOGY
Recorded Data (Describe in Remarks):
Stream,Lake or Tide Gauge
Aerial Photographs
Other
I No Recorded Data
Field Observations
Depth of Surface Water: 0-2" (in.)>
Depth to Free Water in Pit: 0- (in.)>
12"+
Depth to Saturated Soil: 6" (in.)>
Wetland Hydrology Indicators
Primary Indicators
Inundated
x Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
I Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
x Oxidized Root Channels in Upper 12 Inches
x Water Stained Leaves
Local Soil Survey Data
I FAC-Neutral Test
Other (Explain in Remarks)
1
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Traditions/Mercer Project No: 51-1 Date` 11.27.07
Applicant/Owner: Ammons Mountain Properties, Inc. County: Madison
Investigators: CEC State: NC
Plot ID:
Remarks:
SOILS
Map Unit Name (Series and Phase): Not Available
Map Symbol: Drainage Class: Mapped Hydric Inclusions?
Taxonomy Field Observations Confirm Mapped Type?
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-3" A 10 YR 3/3 loam
3-5" A 10 YR 3/3 2.5 YR 411 Few/distinct loam
5-12" A 2.5 YR 4/1 loam

Hydric soil Indicators
Histosol Concretions

i
usgu vA guL¦c %-ULILeuL 1u aurlace Layer in banay Sons
SuMdlc Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
x Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes Is the Sampling Point within the Wetland? Yes
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
Remarks:
This area meets the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands
Explanation for response to: Normal Circumstances? Atypical Situation? Potential Problem Area?
2
Projeet/Site:
9 -
Applicant/Owner:
Investigators:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Traditions/Mercer
Ammons Mountain Properties, Inc.
CEC
Project No: 511 Date: 11.27.07
County: Madison
State: NC
Plot ID:
Do Normal Circumstances exist on the site? Yes Community ID: Upland
Is the site significantly disturbed (Atypical Situation:)? No Transect ID:
Is the area a potential Problem Area? No Field Location: Upland of "SX"
(If needed, explain on the reverse side)
VFG'FTATTfNV
Dominant Plant Species otin/Commoa Stratum Indicator PlantSpecies (Latin/Common) Stratum Indicator
Fagus randifolia/American beech TREE FACU
Pinus strobus/Eastem white pine TREE FACU
Quercus alba/white oak TREE FACU
E
f
Percent of Dominant Species that are OBL, FACW or FAC Neutral %
(excluding FAG = 0/3 0%
I
Numeric Index:
/
%

4 emarks: An upland ridge adjacent to wetland "SX."
r1 Y IMULUG Y
Recorded Data (Describe in Remarks):
Stream,Lake or Tide Gauge
Aerial Photographs
Other
x No Recorded Data
Field Observations
Depth of Surface Water: 0" (in.)>
Depth to Free Water in Pit: >12" (in.)>
Depth to Saturated Soil: >12" (in.)>
Remarks:
Wetland Hydrology Indicators
Primary Indicators
x Inundated
x Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
X Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
x Oxidized Root Channels in Upper 12 Inches
x Water Stained Leaves
Local Soil Survey Data
x FAC-Neutral Test
Other (Explain in Remarks)
I
DATA FORM
ROUTINE WETLAND DETERMINATION
` (1987 COE Wetlands Delineation Manual)
Project/Site: Traditions/Mercer Project No: 511
Applicant/Owner: Ammons Mountain Properties, Inc.
Investigators: CEC
finrf,S
Date: 11 27.07
County: Madison
State: NC
Plot ID:
Map Unit Name (Series and Phase): Not Available
Map Symbol: Drainage Class : Mapped Hydric Inclusions?
Taxonomy Field Observations Confirm Mapped Type?
(Subgroup):
Profile Description
Depth Horizon Matrix Color Mottle Color Mottle Texture, Concretions,
(Inches) unsell Moist) unsell Moist) Abundance/Contrast Structure, etc.
0-4" A 10 YR 3/4 loam
4-12+" A 10 YR 5/6 loam
J

Hydric soil Indicators
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low Chroma Colors Other: (Explain in Remarks)
Remarks:
F-
L
WETLAND DETERMINATION
Hydrophytic Vegetation Present? NO Is the Sampling Point within the Wetland? NO
Wetland Hydrology Present? NO
Hydrie Soils Present? No
Remarks:
This area does not meet the 1987 Corps of Engineers Wetlands Delineation Manual's criteria for jurisdictional wetlands
Explanation for response to:
E
Normal Circumstances? Atypical Situation? Potential Problem Area?
2
9 APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Madison City: Burnsville
Center coordinates of site (fat/long in degree decimal format): Lat. 35.850038°N, Long. 82.474181 ° E.
Universal Transverse Mercator.
Name of nearest waterbody: Crooked Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River
Name of watershed or hydrologic Unit Code (1-IUC): Upper French Broad 06010105
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
[] Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION 13: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There P ckL 9f "navigable waters of the U.S" within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
view area. [Required)
Waters subject to the ebb and ]low of the tide.
40
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Art "waters of the U.S " within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 5500 linear feet: 4 width (ft) and/or 0.51 acres.
Wetlands:.0.01 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
Elevation of established 01-IWM (if known):
2. Non-regulated waters/wetlands (cheep if applicable):
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
1 Boxes checked below shall be supported by completing the appropriate sections in Section 111 below,
For purposes of this form, an RPW is defined as a tributary that is not a 'RJW and that typicnlly flows yenr-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
Sunoortine documentation is presented in Section 111-F.
SECTION III: CWA ANALYSIS
0 TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.I and Section M.D.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections M.A.1 and 2
and Section III.D.1.; otherwise, see Section HLB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (II{ ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rnpnnos have been met.
The agencies will assert jurisdiction over non-navigable tributaries ofTNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section ID.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 111.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section ID.B3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick 'List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with "INW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW,
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5_
40 Tributary stream order, if known:
Note that ilie Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
West.
5 Flow route can be described by identifying, e.g., tributary a, which (lows through the review area, to flow into tributary b, which men flaws into TNW.
(b) General Tributary Characteristics (check all that apply)'
Tributary is: ? Natural
? Artificial (man-made). Explain:
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/%cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Fick' !
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review arealyear: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: IN&JEst Characteristics:
Subsurface flow: P.. st. Explain findings:
• ? Dye (or other) test performed:
El leaf litter disturbed or washed
El sediment deposition El
F1 water staining El
El other (list):
Tributary has (check all that apply):
F1 Bed and banks
F1 OHWM6 (check all indicators that apply):
El clear, natural line impressed on the bank E]
El changes in the character of soil El
El shelving ?
F1 vegetation matted down, bent, or absent El
El

El Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted Dow events
abrupt change in plant community
If factors other than the OH WM were used to determine lateral extent of C WA jurisdiction (check all that apply):
High Tide Line indicated by: El Mean High Water Mark indicated by:
? oil or scum line along shore objects El survey to available datum;
El fine shell or debris deposits (foreshore) El physical markings;
? physical markings/eltaracteristics E] vegetation lines/changes in vegetation types.
El tidal gauges
El other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
•
away
the 01-I WM has been removed by development or agricultural practices). Where there is o break in the OHWM Iha[ is unrelated to the waterbody's flow
'Ibid.
natural or man-mode discontinuity in the Oi-) WM does not necessarily sever jurisdiction (e.g., inhere the stream temporarily flows underground, or when:
regime (e. g., flow Quern rack outcrop or through a culvert), the agencies will look for indiemors of flow above and below the break,
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain Findings:
? Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow. Relationship with Non-TNW:
Flow is: Pic=Lfst. Explain:
Surface flow is: PkWh*ist
Characteristics:
Subsurface flow: PickList. Explain findings:
? Dye (or other) test performed:
(c) Wetland Adiacency Determination with Non-TNW•
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pi.&,Listriver miles from TNW.
Project waters are Eicklist aerial (straight) miles from TN W.
Flow is from: Pick-Lisk
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain Findings:
? Fish/spawn areas. Explain Findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
0
For each wetland, specify the following:
Directly abuts? (Y/N) Size fin acres) Directly abuts? (YIN) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional: Guidebook Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TN W?
• Does the tributary, in combination with its adjacent wetlands (if any), have [lie capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 1I].D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section 111.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TN Ws: linear feet width (fl), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries ofTNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: OHWM, macro invertebrate..
. ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section 111.13. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
M Tributary waters: 5500 linear feet 4 width (ft).
[J Other non-wetland waters: acres.
Identify type(s) of waters:
Non RPWso that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: <0.01 acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which dtey are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section iII.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.
As a general rule, die impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters ofthe U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED (INTERSTATE OR INTRA-STATE I WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AF 1 T CT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY).-to
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Fib ootnote # 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA IIQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CiM Act Jurisdiction Following Rapanos.
CJ
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (fl).
? Other non-wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within Ole review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SP51NCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required For jurisdiction. Explain:
? Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
• ? Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Mops, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? Data sheets prepared by the Corps:
? Corps navigable waters' study:
? U.S. Geological Survey Hydrologic Atlas:
? USGS NHD data.
? USGS 8 and 12 digit HUC maps.
© U.S. Geological Survey map(s). Cite scale & quad name:Burnsville 1:24,000.
? USDA Natural Resources Conservation Service Soil Survey. Citation:
? National wetlands inventory map(s). Cite name:
? State/Local wetland inventory map(s):
? FEMA/FIRM maps:
? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law:
? Applicable/supporting scientific literature:
? Other information (please specify):
*ADDITIONAL COMMENTS TO SUPPORT JD: This form applicable to Channel RA, RD, RF, DA, D13. DC, and DE; Wetlands RC,
RE, DF, and DG; and Pond RB.

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Ell '11 PROGRAM
July 17, 2008
Jud Ammons
Ammons Mountain Properties, Inc
140 Ammons Dr.
Raleigh, NC 27615 Expiration of Acceptance: January 17, 2009
Project: Traditions County: Madison
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River CU Stream (feet) Wetlands (acres) Buffer I Buffer 11
• Basin Location (Sq. Ft.} (Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts French 06010105 60 0 0 0 0 0 0 0
Broad
Credits French 06010105 120 0 0 0 0 0 0 0
Broad
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Willi D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
David Baker, USACE-Asheville
Kevin Barnett, NCDWQ-Asheville
Rebekah Newton, agent
File
Atodag- Exha"... Prat"' oarfta&
,&FA
ENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net