20081287 Ver 1_Individual_20080821

Wetland and Natural Resource
Consultants, Inc.
To: NC Division of Water Quality
401 Water Quality Section
Attn: Mrs. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Re: Wilderness Creek Falls (+/- 481 acres)
20019 Highway 64 W
Murphy, North Carolina 28906 p A I IM
Mrs. Karoly:
0
August 20, 2008
08 1287
Aur., 2 1 2008 T�
DENR - WA'i ER OUAUTY
WETLANDS AND STORMWATER BRANCH
Enclosed please find four copies of an Individual Permit application for Wilderness Creek Falls,
Inc. that was submitted to the Army Corps in April 2008. Since this submittal to the Corps we
have met with Ms. SueAnna Sumpter, of the NC Attorney General's office, and Mr. Kevin Barnett
of DWQ in your Swannanoa Feld office on July 18, 2008 to discuss the restoration of the stream
on the Hard Rock Mine parcel.. A copy of this Individual Permit application was submitted to
Kevin Barnett during the meeting.
During the meeting in Swannanoa all parties agreed upon an acceptable framework on how to
move forward with resolving DWQ's concerns with the mine area stream. Since the Corps does
not consider the mine area stream as an impact, Wilderness Creek Falls did not include
measures to address the mine area stream in its April 2008 permit application to the Corps (as
noted above, copy enclosed). At the July 18, 2008 meeting, however, DWQ and Wilderness
Creek Falls agreed that the best approach to managing the mine area stream is to include
restoration of the stream in the permit application to the Corps as a measure to resolve DWQ's
notice of violation regarding the referenced property. Because the enclosed permit application
predated our meeting with DWQ, it does not include any material discussion of the mine area
stream. The mine area stream will, however, be discussed in a revised permit application to be
submitted shortly to the Corps and DWQ, as discussed below.
We believe that the Corps, DWQ, and Wilderness Creek Falls are now all in general agreement
on how to move forward with permitting this project, including the Hard Rock Mine parcel, as
well as ensuring that the project complies with all applicable water quality rules and regulations.
The project is in compliance with the NC Division of Land Resources, Land Quality Section.
Canton Office
PO Box 882
Canton, NC 28716

Since our July 18 meeting with DWQ, the applicant has worked hard to determine if further
impacts could be avoided.
The applicant now believes that impacts can be avoided at several locations where impacts
currently exist. We are currently working on revising the Individual Permit application to reflect
those additional avoidance measures, to include a restoration plan for the removal of those
existing impacts, and to address concerns voiced by the Corps in our conversations with it. The
revised permit application will also include a proposed restoration strategy for the mine area
stream. We anticipate submittal of this revised application to the Corps and NC DWQ no later
than September 5, 2008.
The DWQ project number for Wilderness Creek Falls is # 07-1647. Please call me at (828) 712-
9205 with any questions that you may have.
Best regards:
�"� d1&kms
Jennifer Robertson
Canton Office
PO Box 882
Canton, NC 28716

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Wilderness Creek Falls
2. Name of Property Owner/Applicant: Mr. Glen Frank
3. Name of Consultant/Agent: Jennifer Robertson, Wetland & Natural Resource Consultants
*Agent authorization attached.
4. Related/Previous Action ID number(s):
5. Site Address: 20019 Highway 64 West.
6. Subdivision Name: Wilderness Creek Falls
7. City: Murphy
8. County: Cherokee County
9. Lat: 35.0184009 ° N Long:: 84.3136474 ° W
10. Quadrangle Name: Isabellla
11. Waterway: North Potato Creek and tributaries, and Wolf Creek and tributaries
12. Watershed: Hiwassse
13. Requested Action: ATF Individual Permit Application
❑ Nationwide Permit #
❑ General Permit #
❑ Jurisdictional Determination Request
❑ Pre -Application Request
---------------------------------------------------------------------------
The following information will be completed by Corps office:
Prepare File Folder
AID:
Authorization
Assign number in ORM
Project Description / Nature of Activity / Project Purpose:
Site/Waters Name:
Section 10 Section 404
kr�@ R_ ow[E P
AUG, 2 1 2008
DENk • WATrk QUAUTY
WETLANDS AND STORMWATER BRANCH
Begin Date

WN;t
• ,w i..: sir r
Wetland and Natural Resource
Consultants, Inc. ;'-.=.:.; «;►
To: US Army Corps of Engineers
Asheville Regional Field Office
Attn: Ms. Lori Beckwith
151 Patton Avenue, Rm. 208
Asheville, North Carolina 28801
Re: Wilderness Creek Falls (+/- 481 acres)
20019 Highway 64 W
Murphy, North Carolina 28906
Ms. Beckwith & Ms. Karoly:
April 14, 2008
Ms. Cyndi Karoly
NC Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
On behalf of Wilderness Creek Falls, Inc. we are enclosing an application for an after the fact
Department of the Army Individual Permit for the site known as Wilderness Creek Falls. Stream
impacts include 610 linear feet for culverts and 866 linear feet from flooding impacts. There
will be 1,476 linear feet of impact requiring mitigation (See Impact Table with Mitigation
Ratios). Based on the compensation ratios in Table 1 in the mitigation summary, Wilderness
Creek Falls, Inc. will need to satisfy a requirement of 1,043 linear feet of stream mitigation.
On site mitigation is proposed for 1,043 linear feet of stream. Wilderness Creek Falls, Inc. is
proposing Enhancement Level II for 2,878 linear feet of stream on the north side of the
property. Invasive species will be removed and a 30 foot riparian buffer will be planted to
improve stream stability. Streams with only one side lacking a buffer will be given a 60' riparian
buffer. As a second component of mitigation Wilderness Creek Falls, Inc. plans to preserve
4,361 linear feet of stream on an unknown tributary to North Potato Creek.
The site is located off US 64/74 west of Murphy in Cherokee County, North Carolina. The site is
primarily wooded. Maps from Cherokee County GIS, USGS topographical quadrangles, and
Cherokee County Soil Survey maps are included for reference. Also included are copies of the
Wilderness Creek Falls site plan including wetland delineation and impacts, as well as a
mitigation plan map.
The channels on this site are unnamed tributaries to Wolf Creek, and unnamed tributaries to
North Potato Creek. All channels are in the Hiwassee River Basin. The quality of streams and
resulting mitigation ratios were determined using the NC DWQ Stream Classification Form.
Data forms for the streams and wetlands are included within this application.
Canton Office
PO Box 882
Canton, NC 28716

Impacts will be for road crossings to access high ground on the property and flooding impacts
for two ponds. Existing roads have been used where possible to avoid and minimize new
impacts. New stream impacts will total 1,476 linear feet. Mitigation in the form of stream
enhancement and preservation will take place on site.
This application package includes narratives that describe the proposed impacts to Waters of
the US. Included in the narratives is a mitigation proposal for unavoidable impacts. Copies of
this application have been forwarded to the North Carolina Division of Water Quality Raleigh
office, the North Carolina Wildlife Resource Commission, the United States Fish and Wildlife
Service, and the Environmental Protection Agency.
To facilitate the permitting process, Wilderness Creek Falls, Inc. has retained David Franchina
with Kennedy Covington in Charlotte as its environmental attorney. Mr. Franchina is
corresponding with SueAnna Sumpter of the NC Attorney General's office concerning the Hard
Rock Mine stream. This permit does not address the Hard Rock Mine Stream, as we do not
believe it represents an impact of jurisdictional waters. Wilderness Creek Falls is, however,
committed to working with the NC Division of Water Quality to resolve its concerns with the
stream, and we are hopeful that Mr. Franchina's conversations with Ms. Sumpter will begin a
dialogue that will resolve those concerns.
Finally, please note that Wilderness Creek Falls is not proposing to monitor the ponds according
to the DRAFT Predictability Study Protocol for Sampling Reference Impoundments since the two
ponds were built prior to this document. We understand that Wilderness Creek Falls began
purchasing this property back in 2001. The pond in the meadow (Impact Sites 1 and 2) was
constructed in 2001 — 2002 and the pond above the mine (Impact Sites 23, 24, and 25) was
built in 2002 — 2003.
Included in the application are the following attachments:
Corps Submittal Cover Sheet
Cover Letter
Agent Authorization
Eng Form 4345
Mitigation Summary
Mitigation Map
Individual Permit Application
Vicinity Map
USGS Topo Maps (2)
Soil Maps (2)
Soil Legend (4)
Tax Map
Adjacent Property Owners
Impact Table
Stream Classification
Impact Maps (7)
Canton Office
PO Box 882
Canton, NC 28716

Wetland Map
Aquatic Life Passage Typical
Fire Department Letters (2)
Qualitative Analysis of Cumulative Impacts
Stormwater Calculations
JD Forms (22) (USACE only)
Please call me at [phone] should you find anything missing or with any questions that
you may have.
Best regards:
ronrow'.1m
f J
Jennifer Robertson
Canton Office
PO Box 882
Canton, NC 28716

WN;t
, .4~
Wetland and Natural Resource ,q`t ' ;`•�
Consultants, Inc.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc. 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.
Federal and State agents are authorized to be on said property when accompanied by Wetland
and Natural Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record:
Address:
Address:
Address:
We,5
r
Phone Number: --a31-1'10 4I M
Property Location: US Lit We,,,t (hvc k 0C R,910b
Owners Signature:
Date: y! t y i o8
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax

05/21/2008 10:42 2395412565
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01/02
08
1287
A LEANT
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12D4,.Ar*gM VA r4MZ:4801: WN to aM.O hn otaigenogerm*'wW budget. PaoerW t padiwtbo Prom 1D7toows , OC 2MM,
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1. AayW,. CATION PAT.
2: FIELD OFF GORE
3. DATERaiVED 4. OATS atrPLICATiON LMO
TEMS M W TO BE
Fii:l-f~DBYAPFUCANn
A LEANT
It. T AtiW NAME'A TITLE fan agent Is ra nWwo
Mr, Glen Pri t
Weiland amid Natural Resource Cohsultants
b. APPUCANrS 9S
S. AGWS ADDRESS
20014 ldigfivrby 841Nbt
PC 80x 882
Mu"y; NC 2=6
Csrtton. NC 28716
:. APritJCANT SPNON dNIdA9ER8MY14 AREA.FO—M'
16. AGENT'S PHONE NUMBERSS M AREA C-0%
e. Itegltlenae 238-li41-2686
a, .
41,
b. 8imbot s 234.770-0828'
b. Beak. WS -8411-8801
171, S 1 m f t rmN I ur mu I t1UK14N"UPf
I rxteby41j1i0r0 Sea' A9�8 At ftAniiFIOR. ' to act in my bdW as my.09MA In the procoa" or this
401cmdon aM to itrn*h. ,mon request suopWaantara MA"wtbn In wpport of this.pwnA apwC** n.
See Agent Autw whim
APPUCANT1 SIGNATURE DATE
i
NAME'_ 1-Mr-A-rinN. AND erTTtnTv
12. PR"CT NAME OR TITLE (aaar ka t+dbast
Wllde mess Creek Palls
13. NAME OF WAYM60DY, IF KNOWN M appanuaD
14: Pmo ECT STM. T At mss pr imm b*
t 111Nsi1s<as
20010 tdighttfey 04 Wast
Maphy, NC 2B8Q8
15. LOCATION r3FPwiEcT
Cherokee NC.
COUNIV. STATE .
IS. OTHER LOaM—M DESCRIPTION$, It K (aw NtrbuotbMi
&r&m no* dada ofMomoy 64 and Vw NCITN state IWoL
17. ORECTIONS-TO.THE SITE
To mcas the site horn AshaVoe, bate "O,Wev1 to Ext 27. Merge ordo US H IgFia" 74 W bwarck Mwphy. Con*w on
US Highamy 74/9+120 w"s paM MuMhy, d*n Wo a rIgM onto GWhCowserRd. Take the next dW tx4o ABan Rd and k4ow.
It onto Me side.
ENG FORM 434b,-- ONLINE CESPK-CO-R
P A I
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05/21/2008 10:42 2395412565 PIiST CHOICE PAGE 02/82
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21. IS ANY PORTM OF THE WORK AUtEAdY YES 9 wo. 0 IF YFA OESCRME WN WORK
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24. AODASMS OF ADJ011 MIG:PM0MTY. , l TC
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FOR WORtt DESCRIBED IN THIS APPUCATION
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SKWATUREOFAPPLICANT DATE' (w DATE
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E'N(3 FOM 43.15 - ONUNE

Mitigation
Mitigation for Wilderness Creek Falls is proposed to be completed on site.
Wilderness Creek Falls, Inc. is proposing to mitigate for the 1,476 linear feet of
stream impact through Enhancement Level II and Preservation on the North side
of the property (See Mitigation Map). Invasive species will be removed and a 30
foot riparian buffer will be planted to improve stream stability. Streams with only
one side lacking a buffer will be given a 60' riparian buffer. As a second
component of mitigation Wilderness Creek Falls, Inc. plans to preserve 4,361
linear feet of stream unknown tributaries to North Potato Creek. Please see the
table below for further details of the mitigation proposal.
Table 1.
Wilderness Creek Falls Mitigation Overview
Mitigation Needed for Stream Im acts
Amount
Type of Impact (I.f.)Quality)
Mitigation Ratio
(Based on Stream
Multiplier
(Based on
Impact)
Final
Ratio
Mitigation
Requirement (SMU)
Culverts Streams 610
1:1 GoodQuality)
1 For Fill
1:1
610
Pond Stream Floodin 866
.5:1(Flooding)
1 For Fill
.5:1
433
Total
1043
Mitigation Needed for Wetland Impacts
Type of Impact
Mitigation Ratio
Amount (Based on Stream
(ac.)Quality)
Multiplier
(Based on
Impact)
Final
Ratio
Mitigation
Requirement (SMU)
Culverts Wetlands
.077
Under 0.1 acres impact
Total
0
Mitigation Proposal for Stream Impacts
Type of Mitigation Method
Amount Proposed I.f.
Multiplier
(Based on
Activity)
SMU
Enhancement Level II on-site
2,878
2.5
1,151
Preservation 50' buffer on-site
4,361
5
872
Total
2,023
Total
linear feet 2,023
Surplus
Mitigation
linear feet 980

2,878'OF BUFFER ENHANCEMENT'
LEVEL 11. 30'BUFFERS WILL BE PLANTED ON
BOTH SIDES OF THE BANK. AREAS
WHERE THE BUFFER IS LACKIN
ONLY ONE SIDE WILL BE GIVEN
BUFFER. INVASIVE SPECIES W VED
/
� Z"y9""p".'`
4,361 ft. Preservation. Preservationof 50' on both sides of the stream.Areas where there is only one sideproposed will, recieve a 100' bufferon that side.10Lines
�ur�m�uonu ��rpun�s�
'
Jurisdictional, �
' Ju~ismic*mnu wettunm(s)
' Jur/smict|onut Linear wettuncwsw
Cutvert / nuum Crossing
Unimproved Roads
\ |---
'
Pond
Property Line
Wilderness Creek Falls Overview Scale- 1 600'
Mitigation Map W�JN\]U - I "(DF;Z-TH

Wilderness Creek Falls — Individual Permit Application
Applicant: Mr. Glen Frank
Wilderness Creek Falls, Inc.
P.O. Box 128
Epworth, GA 30541
Agent: Wetland and Natural Resource Consultants
P.O. Box 882
Canton, NC 28716
Introduction
Location: Wilderness Creek Falls, consisting of approximately 481 acres, is located off
Highway 64 west of Murphy in Cherokee County, North Carolina. To access the site
from Asheville, take I-40 West to Exit 27. Merge onto US Highway 74 W towards
Murphy. Continue on US Highway 74/64 20 miles past Murphy, then take a right onto
Golf Course Rd. Take the next right onto Allen Rd and follow it onto the site.
Existing Site Conditions: Wilderness Creek Falls is mostly forested, except on the
northwest corner of the property, which contains mowed fields and an existing pond.
There are existing roads throughout much of the site. The Mixed Mesic Forest type
dominates the landscape. This forest type occupies rich, acidic, moist, well -drained soils
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, hickory, fraser magnolia, red maple, tulip poplar,
hemlock, and buckeye. All are present within Wilderness Creek Falls. This forest type
also has a very diverse shrub and herbaceous layer. Species at this site include heart's-a-
bustin', mountain laurel, pepperbush, ironwood, rhododendron, spice bush, wild
hydrangea, black cohosh, bloodroot, doll's eye, false soloman's seal, galax, jewelweed,
mayapple, Christmas fern, liverleaf, and alumroot.
Tributaries on site include unnamed tributaries to North Potato Creek and unnamed
tributaries to Wolf Creek. The unnamed tributaries to both North Potato Creek and Wolf
Creek are classified as "C" streams. North Potato and Wolf Creek both flow into the
Toccoa /Ocoee River, a navigable water. The Toccoa River turns into the Ocoee across
the GA/TN state line, and then flows into the Hiwassee River.
There are several wetlands located on the site. The majority of these wetlands have been
identified as wetland seeps and are contiguous with their associated channel. These seeps
are on moderate to steep slopes. Their substrate is rocky and they may or may not
contain wetland vegetation.
Towards the southern tip of the property, there is a granite mine that has been operated
for close to fifty years.

Project Description: Wilderness Creek Falls, Inc. is requesting an ATF permit to lengthen
18 of 22 culverts at pre-existing infrastructure road crossings, and keep four existing on-
line ponds, one of which was already established before the property was purchased.
These proposals are for a residential subdivision on the 481 -acre tract known as
Wilderness Creek Falls. The site plan consists of a residential development with 119
single-family lots ranging in size from 0.73 to 6.37 acres. There are approximately 180
acres of common open space, most of which is forested. The lengthening of culverts is
necessary to upgrade old logging roads to roads that are safe, stable, and suitable for
everyday traffic. The purpose of the ponds is for fire protection and to increase the value
of pond -front and pond -view lots. The ponds will be equipped with "dry hydrant" outlets
that can be used to fill fire vehicles in the event of a fire in the surrounding area.
Included are letters from the Polk Co. TN and Cherokee Co. NC Fire Departments that
show a great interest in accessible and reliable water supplies in the area.
Project Purpose and Need
Purpose for Proposed Project: The basic project purpose of the proposed development at
Wilderness Creek Falls is to provide residential housing. More specifically, the overall
project purpose of this proposed development is to create a viable, upscale, residential
community in Cherokee County. There are currently four existing ponds on site, one of
which was on site before the property was purchased by Mr. Frank. Pond impact #2 and
#23 cover 2.2 and 1.6 acres of surface area respectively. Both ponds were built between
2001 and 2003. The third pond is much smaller than the others and resulted in 0.0082
acre of wetland impact (impact #18 &#19). The two larger ponds were built as amenity
ponds for residential development and as irrigation ponds for fire suppression. Due to the
remoteness of the property and addition of homes to the community, Polk and Cherokee
County Fire Departments have acknowledged the need for fire protection (see attached
letters).
Need for Proposed Project: The proposed project is needed to provide residential
housing for the growing population of Cherokee County. The project will also benefit
the general public by providing additional state and local tax base and will also provide
additional jobs through construction and long-term maintenance of the development.
Permanence of Effect: The project benefits to the applicant and public are expected to
last throughout the life of the facility. Project impacts will be permanent, with the
exception of temporary impacts associated with construction.
Alternatives
The existing property was acquired in individual tracts and the three new pond impacts
were created between 2001 and 2003. At the time of creation, alternative sites did not
exist within the property purchased at the time. The ponds are now currently in place and
established. The client believes removing the ponds at this time would be a financial
burden as well as an environmental disturbance to aquatic life downstream.

Avoidance: Because it directly borders a major corridor (US 64/74) and it has an existing
road system in place, the proposed site is the best alternative to minimize immediate
impacts to the property itself, and secondary or cumulative impacts to the surrounding
area. The property's direct adjacency to US 64/74 and its proximity to 3 self-sustaining
municipalities also make it unlikely that Wilderness Creek Falls will stimulate any
additional new commercial or residential development.
Minimization: Approximately 180 acres of the 481 -acre site will be kept as common
open space, the majority of which will be forested. A pre-existing road system is being
used, and impacts associated with road crossings have been minimized to the maximum
extent practicable.
Evaluation of 404(b)(1) Guidelines
Physical Substrate: Fill material will be placed in jurisdictional streams and wetlands.
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 devices will be installed prior to and
during construction to ensure that the bottom elevation of remaining streams and
wetlands on the property will not change.
Water Circulation, Fluctuation, and Salinity: The discharge of fill material associated
with this project is not anticipated to have any significant effect on the downstream
hydrologic regimes. 610 linear feet of stream channel will be impacted due to culverts at
road crossings. All culverts will be buried to a depth that is equal to 20% of their
diameter or 12" for pipes that are larger than 48". Impacts associated with road crossings
will not inhibit channel flow (see aquatic life passage typical).
Suspended Particulates/Turbidity 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. Newly constructed channels on site will be
constructed in the dry and water will be released once the channels have been stabilized
in place.
Contaminant Availability: 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. Discharge associated with this site is not expected to
introduce or increase contaminants. It is expected that the majority of fill material will be
generated from cut and fill activities on the site.
Aquatic Ecosystems Effects: Effects to the aquatic ecosystem are expected to be
minimal. Ecosystem functions of stream segments proposed for impacts will be
maintained wherever possible.

Proposed Disposal Site: The proposed disposal site is the same location as the proposed
impact sites. There is no additional disposal site where fill material will be placed.
Cumulative and Secondary Effects: Wilderness Creek Falls is located within the
Hiwassee River Basin. Much of the Hiwassee basin is Nantahala National Forest and
Game Land. Approximately 80% of the basin is forested, and approximately 2% is open
water. Due to the presence of such a large area of National Forest Land, and because
there are no services, utilities, or roads being constructed that will be available to adjacent
landowners or the general public, the project is not likely to induce adjacent
development. The property is directly adjacent to US 64/74 and in close proximity to 3
self-sustaining municipalities that will accommodate any increase in commercial demand.
The old logging roads and road crossings will be improved with a proper storm water
management plan. No activity at Wilderness Creek Falls 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.
Mitigation
Wilderness Creek Falls, Inc. proposes to mitigate for 1,476 linear feet of hard stream
impacts caused by infrastructure road crossings and two ponds with 2,878 feet of
Enhancement Level II and 4,361 feet of Preservation on the north end of the property
(See the attached mitigation table and map).
Public Interest Review
Public Interest Factors:
- Conservation: Approximately 180 acres of the 481 -acre site are being left as
predominately forested open space. The pre-existing logging roads were used where
possible instead of cutting new roads.
- Economics: The project will provide an overall benefit to the local economy of
Cherokee County. The site will provide job opportunities associated with the
construction and maintenance of the development. The project will also benefit the local
economy by providing additional tax revenues. This development will increase the
property values in the local community. The appropriate economic evaluations have
been completed and the project as proposed is economically viable.
- Aesthetics: The road system is pre-existing, the average lot size is close to 3 acres for
single-family homes, and over 37% of the Wilderness Creek Falls project site will remain
mostly forested common open space, so the aesthetic impact will be minimal and non-
invasive.
-Fire Suppression: Two local fire departments will have access to dry hydrants with
water used from the existing in place ponds. This will benefit local communities in North

Carolina and Tennessee by providing a water source for Polk and Cherokee Counties for
fire suppression (see attached fire letters).
- Wetlands: 0.077 acres of wetland will be impacted by this project.
- Historic and Cultural Resources: A desktop survey was conducted to determine the
presence or absence of archeological sites or sites with culturally significant resources
within the project boundary. WNR consulted the NC State Historic Preservation Office
website and the study revealed no resources that will be endangered by the proposed
development.
- Fish and Wildlife Values: Riparian areas provide habitat for many types of wildlife
because of their diverse and productive plant communities, complex structure, and close
proximity to water. Wildlife may be permanent residents of the riparian area or
occasional visitors that use the area for food, water, or temporary shelter.
Food availability varies with the type of vegetation in the riparian area, but includes fruit,
seed, foliage, twigs, buds, insects, and other invertebrates. Trees and shrub 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 the riparian area and along the forest border.
The stream environment provides moving waters for many animals to drink, feed, swim,
and reproduce. Water is also available on the 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 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 areas may also provide important travel
corridors for some species, and are frequently used as stop -over points for migratory
birds.
The variety of wildlife and wildlife habitats will not be endangered by the proposed
development.
- Flood Hazards: A small portion of the northwest corner of the property is located
within the floodplain of the unnamed tributary to North Potato Creek. This area has a
much flatter topography than the rest of the site. This area, however, is open common
space and won't contain any residences. Overall, the proposed location of the residential
community has a minimal risk of flooding. It is expected that all tributaries on the
property will flood occasionally due to natural fluctuations in weather patterns and
increased precipitation. The activities taking place within the Wilderness Creek Falls
project boundary are not expected to increase or decrease the natural rate of flooding
onsite or downstream.

- Floodplain Values: Minimal development will occur within a 100 -year floodplain.
Flood stages and frequencies should not increase or decrease as a result of the activities
taking place within the Wilderness Creek Falls project boundary.
- 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.
- Navigation: No activities proposed at Wilderness Creek Falls are anticipated to affect
navigation. There are no navigable waters on site. Tributaries on site include unnamed
tributaries to North Potato Creek, and unnamed tributaries to Wolf Creek. North Potato
and Wolf Creek both flow into Tennessee and Georgia, where they eventually join the
Toccoa/Ocoee River, a navigable water. The Toccoa River turns into the Ocoee, and
then empties into the Hiwassee River.
- Shore Erosion and Accretion: Not applicable.
- Recreation: Because of the size, location, and nature of the proposed project, it will
have no effect on public recreation in the area.
- Water Supply: The public water supply will not increase or decrease due to proposed
activities within the Wilderness Creek Falls project boundary. Potable water will be
supplied by single-family wells at each building site.
- Water Quality: Wilderness Creek Falls will be concurrently applying for a NC Division
of Water Quality Water Quality Certification.
- Energy Needs: Activities taking place within the Wilderness Creek Falls project
boundary, during construction and at full operation, are not expected to significantly
increase energy demands beyond the capacity of the local facility. Energy needs will not
be affected as a result of the proposed activities within Wilderness Creek Falls.
- Safety: The project proposed at Wilderness Creek Falls will have no effect on public
safety.
- Food and Fiber Production: The proposed activities within the Wilderness Creek Falls
project boundary will not increase or decrease food and fiber production.
- Consideration of Property Ownership: Wilderness Creek Falls, 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.
Threatened or Endangeredpecies: An endangered and threatened species inventory of
the tract known as Wilderness Creek Falls was conducted pursuant to Nationwide Permit
General Condition 11 which states, "No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered species or a

species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will destroy or adversely modify the critical habitat of such
species. "
Prior to the endangered and threatened species evaluation of Wilderness Creek Falls,
WNR consulted the US Fish and Wildlife Department website and conducted a file
review of records maintained by the North Carolina Natural Heritage Program (NHP).
The research involved a review of the Isabella USGS Topo Quad on which NHP
identifies current and historic occurrences of listed species for that locale. There are no
current or historic records of any occurrence of federally endangered or threatened
species within the parcel of land being considered for development. There are federally
endangered and threatened species found elsewhere within Cherokee County.
Cultural Resources and Sites with Historic Significance: A desktop survey was
conducted to determine the presence or absence of archeological sites or sites with
culturally significant resources within the project boundary. WNR consulted the NC
State Historic Preservation Office website. The survey revealed no archeological or
historically significant resources that will be endangered by the proposed development.

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U.S. DEPARTMENT OF AGRICULTURE Page 1 Of 4
NATURAL RESOURCES CONSERVATION SERVICE 9/8/2006
BAW
SOIL MAP LEGEND
Cherokee County, North Carolina: Detailed Soil Map Legend
I I
Map Soil name
symbol
41A (Ela .loam, 0 to 2 percent slopes, occasionally flooded
43A IReddies- Dellwood complex, 0 to 3 percent slopes, occasionally flooded
44A (French fine sandy loam, 0 to 3 percent slopes, occasionally flooded
45A ICullowhee fine sandy loam, 0 to 3 percent slopes, occasionally flooded
63B IDellwood fine sandy loam ,0 to 5 percent slopes, occasionally flooded
65A Biltmore sandy loam, 0 to 3 percent slopes, occasionally flooded
72A IToxaway loam, 0 to 2 percent slopes, occasionally flooded
71
182A (Rosman loam, 0 to 3 percent slopes, occasionally flooded
81
1 84A IColvard fine sandy loam, 0 to 2 percent slopes, occasionally flooded
84
185A IArkaqua loam, 0 to 2 percent slopes, occasionally flooded
88A ISuches loam, 0 to 2 percent slopes, occasionally flooded
1120B Irate loam, 2 to 8 percent slopes
1120D Irate loam, 8 to 15 percent slopes
1120E Irate loam, 15 to 30 percent slopes
1123B IThurmont fine sandy loam, 2 to 8 percent slopes
1123D IThurmont fine sandy loam, 8 to 15 percent slopes
1123E IThurmont fine sandy loam, 15 to 30 percent slopes
1130D (Spivey-Whiteoak complex, 8 to 15 percent slopes, bouldery
1130E (Spivey-Whiteoak complex, 15 to 30 percent slopes, bouldery
132E 185E 550E
1 130F ISpivey-Santeetlah complex, 30 to 50 percent slopes, very bouldery
130G 132F 185F 185G
1131B IThurmont-Dillard complex, 2 to 8 percent slopes
1131D IThurmont-Dillard complex, 8 to 15 percent slopes
1134E ILonon-Northcove complex, 2 to 8 percent slopes, stony
126B 121B 130B
1134D ILonon-Northcove complex, 8 to 15 percent slopes, bouldery
126D 121D
1134E ILonon-Northcove complex, 15 to 30 percent slopes, bouldery
126E 121E 131E
134F (Northcove-Lonon complex, 30 to 50 percent slopes, very bouldery
126F 121F 131F
ADVANCE COPY SUBJECT TO CHANGE

U.S. DEPARTMENT OF AGRICULTURE Page 2 Of 4
NATURAL RESOURCES CONSERVATION SERVICE 9/8/2006
BAW
SOIL MAP LEGEND
Cherokee County, North Carolina: Detailed Soil Map Legend
I I
I Map Soil name
I symbol
135D ILonon-Northcove-Urban land complex, 2 to 15 percent slopes, bouldery
135E ILonon-Northcove-Urban land complex, 15 to 30 percent slopes, bouldery
143A IReddies-Dellwood-Urban land complex, 0 to 3 percent slopes, occasionally flooded
182A (Rosman -Urban land complex, 0 to 3 percent slopes, occasionally flooded
201B IStatler loam, 1 to 5 percent slopes, rarely flooded
205B IStatler-Urban land complex, 2 to 8 percent slopes, rarely flooded
211A (Hemphill loam, 0 to 3 percent slopes, rarely flooded
233B (Dillard loam, 1 to 5 percent slopes, rarely flooded
233 127B
1240B (Braddock gravelly loam, 2 to 8 percent slopes, very stony
1240D (Braddock gravelly loam, 8 to 15 percent slopes, very stony
1242B (Braddock loam, 2 to 8 percent slopes
1242D (Braddock loam, 8 to 15 percent slopes
1244B2 (Braddock clay loam, 2 to 8 percent slopes, eroded
1244D2 (Braddock clay loam, 8 to 15 percent slopes, eroded
1244E2 Braddock cobbly clay loam, 15 to 30 percent slopes, eroded
1245D (Braddock -Urban land complex, 2 to 15 percent slopes
1245E (Braddock -Urban land complex, 15 to 30 percent slopes
1262D IBradson loam, 8 to 15 percent slopes
1262E IBradson loam, 15 to 30 percent slopes
1310E IJunaluska-Brasstown complex, 2 to 8 percent slopes
1310D IJunaluska-Brasstown complex, 8 to 15 percent slopes
314D
1310E
bouldery
slopes
slopes
IJunaluska-Brasstown complex,
15 to 30 percent slopes
314E
1310F
IJunaluska-Brasstown complex,
30 to 50 percent slopes
1314F
Junaluska-Brasstown complex,
30 to 50 percent slopes,
1315D
Junaluska-Brasstown-Urban land
complex, 2 to 15 percent
1315E
Junaluska-Brasstown-Urban land
complex, 15 to 30 percent
13208
(Clifton-Evard complex, 2 to
8 percent slopes
1320D
(Clifton-Evard complex, 8 to
15 percent slopes
1320E
(Clifton-Evard complex, 15 to 30 percent slopes
ADVANCE COPY SUBJECT TO CHANGE

U.S. DEPARTMENT OF AGRICULTURE Page 3 Of 4
NATURAL RESOURCES CONSERVATION SERVICE 9/8/2006
1/6/2005
BAW
SOIL MAP LEGEND --Continued
Cherokee County, North Carolina: Detailed Soil Map Legend
I I
I Map Soil name
I symbol
321F ICowee-Evard complex, 30 to 50 percent slopes
320F 420F
1322D
IHayesville
loam,
8 to 15 percent slopes
1322E
IHayesville
loam,
15 to 30 percent slopes
1322F
IHayesville
loam,
30 to 50 percent slopes
1324E
ISaunook-Evard
complex, 15 to 30 percent slopes
1342B
INantahala
loam,
2 to 8 percent slopes
344B
1342D
INantahala
loam,
8 to 15 slopes
344D
1342E INantahala loam, 15 to 30 percent slopes
344E
1380E IJunaluska-Cataska complex, 15 to 30 percent slopes
138OF IJunaluska-Cataska complex, 30 to 50 percent slopes
1382D IJunaluska-Tsali complex, 8 to 15 percent slopes
1382E IJunaluska-Tsali complex, 15 to 30 percent slopes
1382F IJunaluska-Tsali complex, 30 to 50 percent slopes
1382G IJunaluska-Tsali complex, 50 to 95 percent slopes
1385D IJunaluska-Tsali-Urban land complex, 2 to 15 percent slopes
1385E IJunaluska-Tsali-Urban land complex, 15 to 30 percent slopes
1418E IOconaluftee flaggy mucky loam, windswept, 15 to 30 percent slopes
1418F IOconaluftee flaggy mucky loam, windswept, 30 to 50 percent slopes
1420B (Evard-Hayesville complex, 2 to 8 percent slopes
1420D (Evard-Hayesville complex, 8 to 15 percent slopes
1420E (Evard-Hayesville complex, 15 to 30 percent slopes
155OF ICheoah channery loam, 30 to 50 percent slopes
1 550G ICheoah channery loam, 50 to 95 percent slopes
84OG
1551F ICheoah-Jeffrey complex, 30 to 50 percent slopes, rocky
1 5510 ICheoah-Jeffrey complex, 50 to 95 percent slopes, rocky
1732E 1Sylco-Cataska complex, 15 to 30 percent slopes, very rocky
732D
ADVANCE COPY SUBJECT TO CHANCE

U.S. DEPARTMENT OF AGRICULTURE Page 4 Of 4
NATURAL RESOURCES CONSERVATION SERVICE 9/8/2006
1/6/2005
BAW
SOIL MAP LEGEND --Continued
Cherokee County, North Carolina: Detailed Soil Map Legend
I I
Map Soil name
symbol
732F ISylco-Cataska complex, 30 to 50 percent slopes, very rocky
732G ISylco-Cataska complex, 50 to 95 percent slopes, very rocky
812E ]Luftee-Anakeesta complex, windswept, 15 to 30 percent slopes
820E IDitney-Unicoi-Rock outcrop complex, 15 to 30 percent slopes
3E 810E 551E
1 820F IDitney-Unicoi-Rock outcrop complex, 30 to 50 percent slopes
1 820G IDitney-Unicoi-Rockoutcrop complex, 50 to 95 percent slopes
3G 81OG
1823E ISoco-Stecoah complex, 15 to 30 percent slopes, bouldery
823D
1823F ISoco-Stecoah complex, 30 to 50 percent slopes, bouldery
1823G ISoco-Stecoah complex, 50 to 95 percent slopes, bouldery
314G
1824E ISoco-Stecoah complex, 15 to 30 percent slopes
824D 823E 823D
1824F
ISoco-Stecoah
complex,
30 to 50 percent
slopes
1824G
ISoco-Stecoah
complex,
50 to 95 percent
slopes
31OG
1825E
ISoco-Stecoah
complex,
windswept, 15 to
30 percent
slopes
825D
1825F
ISoco-Stecoah
complex,
windswept, 30 to
50 percent
slopes
1825G
ISoco-Stecoah
complex,
windswept, 50 to
95 percent
slopes
184OF
(Snowbird fine
sandy loam, 30 to 50 percent
slopes
840E
1900B IUdorthents-Urbanland complex, 2 to 8 percent slopes
1900Bf IUdorthents-Urbanland complex, 0 to 3 percent slopes, rarely flooded
190OF IUdorthents, loamy, 8 to 90 percent slopes
I DAM IDAM
I W (Water
ADVANCE COPY SUBJECT TO CHANGE

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Wilderness Creek Falls
Adjoining Property Owners
Utopia Valley Trust
c/o Danny R. Lloyd
3109 North Wilder Rd.
Plant City, FL 33565
Jeffrey A. & Linda S. Morrow
P.O. Box 150937
Cape Coral, FL 33915-0937
Kimberly Lane Harris
227 Puritan Rd.
West Palm Beach, FL 33405
Mountain High, LLC
P.O. 90
Blue Ridge, GA 30513
Anthony Brett & Tammy A Falls /
Gerald C. * Annette P. Long
105 Double Branch Trail
Murphy, NC 28906
Edna Smith Simonds
19785 W. U.S. 64
Copperhill, TN 37317
Arizona M. Bandy
c/o Lynn Bandy
Rt. 1 Box 473
Copperhill, TN 37317
Billie R. Dunn
P.O. 666
Copperhill, TN 37317
Elmer E. Sr. & Rebekah M. Fralick
19520 West U.S. 64
Murphy, NC 28906
Leonard J. Jr. & Carol A. James
P.O. Box 792
Ducktown, TN 37326
Willie Ray & Patsy A. Simonds /
Timothy R. Simonds
6020 Shady Way Lane
Chattanooga, TN 37416
James & Jeanette Hedrick
19310 W. U.S. 64
Murphy, NC 28906

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Class
Name of Stream
Description
Class
Date
Index No.
Brushy Creek
From source to North
C
07/01/61
1-88
Carolina -Tennessee State
Line
Rocky Ford Creek
From source to North
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07/01/61
1-89
Carolina -Tennessee State
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Hall Creek
From source to North
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07/01/61
1-90
Carolina -Tennessee State
Line
Hothouse Creek
From source to North
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07/01/61
1-91
Carolina -Georgia State Line
Long Branch
From source to Hothouse
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07/01/61
1-91-1
Creek
Synacia Creek
From source to North
C
07/01/61
1-91-2
Carolina -Georgia State Line
Wolf Creek
From source to North
C
07/01/61
1-92
Carolina -Georgia State Line
Potato Creek
From source to North
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07/01/61
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Carolina -Tennessee State
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North Potato Creek
From source to North
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07/01/61
1-93-1
Carolina -Tennessee State
Line
Note: "CA" means critical area.
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East Polk Fire & Rescue Squad, Inc.
Po Box 697
Copperhill, TN 37317
[phone] or [phone]
10/12/07
Mr. Glen Frank
Widdertm Creek Falls Development
Po Box 128
Epworth, GA 30541
Deer M. Firaaokg
I appreciate the recent opportwity to discuss the possibility of using the existing
Pond in the Wilderness Creels Falls Dlopment as a source for fire protection in
Cherokee Co, NC and Polk Co, TN. P1em let this letter serve as an official, request that
we would like to pursue equipping your ponils with a "dry hydra&' outlet that can be
used to fill dare vehicles in the event of a fire in this area. We also ps<ovide mutual aid
assistance to the Wolf Creek Fire Department and Hmwasseer Dam Fut Department In
the evert of a fire in North Caamlina or Tennessee these suction points would greatly
benefit our community.
Chu' fire departaae.at , the E*t Polls Fire A Rescue Squad, Inc. in Polk Co., TN
cuts* provides fire protection to 3000 homes, there is possibly 150 homes in Polk
County area and not counting the existing homes in North Carolina and your
development that would benefit from the use and the availabifity of water from your
ponds. As additional homes are planned and built in our community, the need for fire
protection will only inose and we very much appreciate this opporwWly to parta>rer with
you in this effort. To be able to find and have accessibility to such a state source as w1W
you have is very difficult in this arca. With the current drought many suction points arc no
longer a reliable source of water in the evert of an a magency. Your willingaim to make
these available and your assistance in providing access is appreciated.
I look forward to working with you on this project, please don't hesitate to contact
to ane if I cal be of additionalassistance or if you have any question -The best way to
mach me is by cell phone at 706-455-1691.
Singly,

05/12/2007 01:10 2395424546 FIRST CHOICE HOMES PAGE 01/01
11/14/2007 14:11 8286445708
CCEM5 STA 3
WOUCIN.EEK '0 -R -E DEPARTMENT, INC
4o 14titop Rd.. Murphy. NC 2M -4,177, • K29.404-7713 - F*% 929.444.1299 - wnW&W.kflrrp�tacxfth W
November 14, 2407
W Glen Frank
Wilderness Creek Falls Developtue nt
P.O. Box 128
Epworth, GA 30541
Dr. Mr. Frani :
1 appreclatc the scent opportunity to meet with you and discuss the possibility of using
the existing ponds in the Wilderness Creek Falls Developmmt as a source of'water for
fore protection in our fire district. Please let this letter serve as an official request Haat we
pumu+e equippft these ponds with "dry hydmt".outicts which can be used to .full fire
apparatus in the event of a fire in this area of our district in Cherokee County, N.C.
Wolf Creek Fire bepartment currently provides fire protection to 23 square titles and the
ava&billty of water from your ponds is very desirable as we have no regular or dry fire
hydrants in our district. in the event of a fire, our department reties solely on support
frim adjo%ztM9 fire departments to provide a "Maker shuttle" operation to cagy water
from waw access points such as these ponds or hydrants filom outside our district to the
location of the fine. ,As additional homes are planned W built in our community the
need for £ire protection will only Increase ad we very much appreciate this opport maty
to partner with you in this efft�rt.
Z look forward to working with you in this matter. Please do not hesitate to contact me if
1 um he of further assistance.
Sincerely,
� � —Z A =11% 0--. -
Darren S. WaWns
Aseisteuit CWcf

Qualitative Analysis of Cumulative Impacts
For
Wilderness Creek Falls
Wilderness Creek Falls, Inc.
Cherokee County, North Carolina
April 14, 2008
Prepared by:
Wetland and Natural Resource Consultants

Introduction
Current regulations applicable to the issuance of 401 Water Quality Certifications require that the Division
of Water Quality confirm that the project it is evaluating "does not result in cumulative impacts, based
upon past or reasonably anticipated future impacts, which cause or will cause a violation of downstream
water quality standards".
DWQ currently utilizes the following documentation to implement its regulatory obligation to evaluate
cumulative impacts: "Draft Internal Policy, Cumulative Impacts and the 401 Water Quality Certification
and Isolated Wetland Program. NC Division of Water Quality, October 3, 2002, Version 1.6". DWQ's
policy provides for three levels of cumulative impact analysis. Most small-scale projects where little
impervious surface is added and where the project is situated in an already developed locale will only
require a "Generic Description" of the project's possible cumulative impacts. A "Qualitative Analysis" is
required for projects of somewhat more impact that are located near existing roads and development. A
"Quantitative Analysis" is required where a project is significantly and is likely to have a growth
stimulating effect.
DWQ's policy provides that it is applicable to private development projects, although it recognizes that
"many private development projects are unlikely to cause cumulative impacts". DWQ recognizes that
private development projects most commonly have cumulative impacts when they are "1) relatively large,
2) involve commercial development, and 3) occur in otherwise relatively undeveloped landscapes with an
impact on regional growth patterns".
For the Wilderness Creek Falls development, DWQ staff has determined that a qualitative analysis of the
potential cumulative impacts of the project in terms of its effects on downstream water quality would be
appropriate.
To determine potential cumulative impacts, this project was reviewed for any growth stimulating effects
and their downstream impacts on water quality. As described in greater detail below, the applicant does not
believe that the project will result in cumulative impacts that will cause a violation of downstream water
quality standards because it is not likely to be growth stimulating due to its size, its nature, and the fact that
it will be constructed in a relatively developed local landscape.
Project Description, Location, and Existing Site Conditions
Wilderness Creek Falls, Inc. is proposing the lengthening of 18 of 22 pre-existing infrastructure road
crossings. They are also proposing to have four existing on-line ponds permitted, one of which existed
before Mr. Frank purchased the property. These proposals are for a residential subdivision on the 481 -acre
tract known as Wilderness Creek Falls. Wilderness Creek Falls is located off of Hwy. 64, west of Murphy,
in Cherokee County. The site plan consists of a residential development with 119 single-family lots
ranging in size from 0.73 to 6.37 acres. There are approximately 180 acres of common open space, most of
which will be forested. In general, the site is bordered to the north by an unnamed tributary to North Potato
Creek, to the west by the North Carolina / Tennessee border, and to the south by US Hwy 64/74. The
eastern property border runs up along the side of Angelico Mountain.
Wilderness Creek Falls is mostly forested, except on the northwest corner of the property, which contains
mowed fields and an existing pond. Towards the southern tip of the property, there is a granite mine that
has been operated for close to fifty years. There are existing roads throughout much of the site.
The Mixed Mesic Forest type dominants the landscape. This forest type occupies rich, acidic, moist, well -
drained soils 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, hickory,
Fraser's magnolia, red maple, tulip poplar, hemlock, and buckeye. All are present within Wilderness Creek
Falls. This forest type also has a very diverse shrub and herbaceous layer. Species at this site include
heart's-a-bustin', mountain laurel, pepperbush, ironwood, rhododendron, spice bush, wild hydrangea, black

cohosh, bloodroot, doll's eye, false soloman's seal, galax, jewelweed, mayapple, Christmas fern, liverleaf,
and alumroot.
Tributaries on site include unnamed tributaries to North Potato Creek, and unnamed tributaries to Wolf
Creek. North Potato and Wolf Creek both flow into the Toccoa/Ocoee River, a navigable water. The
Toccoa River turns into the Ocoee at the GA/TN state line and then flows into the Hiwassee River. The
unnamed tributaries to both North Potato Creek, and Wolf Creek are classified as "C" streams.
There are several wetlands located on the site. The majority of these wetlands have been identified as
wetland seeps and are contiguous with their associated channel. These seeps are on moderate to steep
slopes. Their substrate is rocky and they may or may not contain wetland vegetation.
Elevations on the property range from approximately 1,760 feet where the unnamed tributary to North
Potato Creek leaves the property, to approximately 2,780 feet up the side of Angelico Mountain.
Project Area Description
The project is located on the NC/TN state line, 20 miles west of Murphy,NC, and 8 miles north of
Copperhill, TN/McCayesville, GA. Murphy is the county seat of Cherokee County with a population of
approximately 1,574. Downtown Murphy contains a Main Street area with restaurants and shops.
Educational opportunities around Murphy include Tri -County Community College. There are many
recreational opportunities available in this area. The Hiwasse, Cherokee, and Appalachia Lakes offer
boating, fishing and camping opportunities. Murphy is also in close proximity to the Nantahala National
Forest, which is a popular destination for hiking, camping, trout fishing. The Nantahala River is a popular
spot for whitewater rafting, kayaking, and canoeing. Another notable attraction in Cherokee County is the
John C. Campbell Folk School, a school dedicated to preserving the arts and crafts traditions of the region.
Copperhill, TN and its sister city, McCayesville, GA, cater to local residents as well as a large seasonal
population with a large variety of shops and restaurants. They are close to the Ocoee River, another
popular rafting, kayaking and canoeing destination. Due to mountain vistas, and its proximity to lakes,
rivers and designated forest areas, this area is a seasonal destination for outdoor enthusiasts and prospective
"second home" buyers. The towns of Murphy, Copperhill, McCayesville are self-sufficient, and
accommodate all of the demands for day-to-day living, work, and recreation within the area.
Watershed Description
Wilderness Creek Falls is located within the Ocoee Sub basin (HUC code 06020003) of the Hiwassee River
Basin. Some of the tributaries from this site flow across the Tennessee state line into North Potato Creek,
and then down to the Toccoa/Ocoee River, which then flows into the Hiwassee River. The rest of the
tributaries on site flow first into Wolf Creek, across the Georgia state line, and then into the Toccoa/Ocoee,
and Hiwassee Rivers.
Much of the Hiwassee basin is Nantahala National Forest and Game Land. Approximately 80% of the
basin is forested, and approximately 2% is open water. There are 989 miles of rivers in the Hiwassee basin.
There are two major lakes in the Ocoee sub basin, Appalachia Lake with 1,000 acres, and Hiwassee Lake
with 6090 acres. The largest municipality in the area is Murphy with a population around 1,600.
There are a number of high quality and outstanding resource waters in this basin. The Hiwassee River
basin is well known for its trout fishing waters. The entire Fires Creek catchment has been designated as
Outstanding Resource Waters and most of the Tusquitee Creek watershed is classified as High Quality
Waters. Tributary streams in these watersheds that have received Excellent biological ratings include Big
Tuni Creek, Johnson (Mill) Creek, Albone Creek, Coldspring Branch, Little Fires Creek and Leatherwood
Branch.

Project Induced Growth
The project is not likely to induce adjacent development primarily because there are no services, utilities, or
roads being constructed by Wilderness Creek Falls, Inc. that will be available to adjacent landowners or the
general public. There is no commercial development directly associated with site development. Murphy
and Copperhill will accommodate any induced commercial growth.
The needs of this 119 lot community will be met by the local restaurants and retail stores in Murphy or
Copperhill. Because these residents are likely to be seasonal, they are not likely to create a high demand
for additional retail or commercial ventures. There are 60 restaurants listed on the Cherokee County
tourism website which are all within less than 25 miles of Wilderness Creek Falls.
The City -Datacom website for Cherokee County was referenced for the following information. This
website reports 124 retail trade businesses which include gas stations, grocery stores, clothing stores,
furniture stores, building material stores, and appliance stores. There are 44 professional services (legal,
accounting, veterinarian) reported on this website for Cherokee County as well as 81 health care
businesses. The City -Datacom website for Polk County reports 51 retail trade businesses, 6 professional
services, and 18 health care businesses.
There are many existing retail and restaurant establishments to meet the needs of 119 new homes. Since
these are second and third homes they will not all be occupied at the same time during the year. Once
again even if the development of Wilderness Creek Falls motivates a few entrepreneurs these basic service
providers would have to go through 404/401 permitting (justification, avoidance, and minimization) for any
impacts to jurisdictional waters. Since the land in the vicinity surrounding Wilderness Creek Falls is not
urbanized the "developable" land is still available which includes small parcels of 1 to 5 acres. Parcels that
do not contain jurisdictional streams and/or wetlands should be available for the development of such
facilities if any occur. The majority of the property owners at Wilderness Creek Falls will be baby -
boomers who do not have school aged children. Therefore, no schools or other related supporting
development would occur due to the development. The following table lists essential goods and services
and their distance from Wilderness Creek Falls:
Goods and Services
Distance from Wilderness Creek Falls (miles)
College or University
20
Gas/Service Station
6
Grocery
6
Hardware
6
Medical Care
8
Post Office
6
School
8
Summary
Wilderness Creek Falls, Inc. proposes to develop a project in Cherokee County in accordance with likely
conditions in the 401 Water Quality Certification and the 404 Permit authorizations to protect the
downstream water quality in the area of the project. Because of the project's adjacency to US 64/74 and its
close proximity to Murphy and Copperhill, the applicant does not believe that any potential effects on
growth will occur due to the development of Wilderness Creek Falls.

Threatened & Endangered Species Report
A Field Inventory to Document the Presence or
Absence of Federally Protected Species
Project Site: Hard Rock Mine
Cherokee County, NC
Prepared by:
wm:t
P.O. BOX 882
CANTON, NC 28716
May 14, 2007

Endanstered & Threatened Species
An endangered and threatened species inventory of the tract known as Hard Rock Mine
was conducted pursuant to Nationwide Permit General Condition 11 which states, "No
activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
destroy or adversely modify the critical habitat of such species. "
Prior to the endangered and threatened species evaluation of Hard Rock Mine, WNR
consulted the US Fish and Wildlife Department website and conducted a file review of
records maintained by the North Carolina Natural Heritage Program (NHP). The initial
survey involved a review of the Isabella USGS Topo Quad on which NHP identifies
current and historic occurrences of listed species for that locale. There are no federally
listed threatened and/or endangered species listed for the Isabella Quad. There are two
federal species of concern species listed to be found within the Isabella Quad. One of
these species is a historic listing for the Isabella Quad. These species are listed and
described below.
Genus species
Common Name
Federal Status
Myotis leibii
Eastern Small -Footed
Species of Concern
Myotis
Pituophis melanoleucus
Northern Pine Snake
Species of Concern
melanoleucus
Eastern Small -Footed Myotis
Description
The eastern small -footed bat is the smallest member of the genus Myotis in North
America. The fur is long, silky, and tan to golden -brown. The two main distinguishing
characteristics are a distinct black mask across the face and the tiny feet that average only
approximately 5/16 of an inch (7 to 8 mm) in length.
Habitat
During the summer, these bats are usually found in buildings, towers, hollow trees,
beneath the loose bark of trees, in crevices of cliffs, and beneath bridges. During winter,
these colonial bats move into caves and abandoned mines where they either hang
individually or in small clusters of 25 to 30. The eastern small -footed bat has been found
most commonly in caves in forested areas. They are one of the last bats to enter caves in
autumn and often hibernate near cave or mine entrances where temperatures drop below
freezing and where humidity is relatively low (Harvey et al., 1999). Some individuals
have also been taken in rock crevices, beneath bridges, and in buildings.

Presence or Absence Determination
The Hard Rock Mine property does not contain any caves or large rock crevices on cliffs.
The old mine was a surface mining operation and did not have a shaft opening. Due to
lack of suitable habitat, it has been determined that Eastern Small -Footed Myotis is not
present within the Hard Rock Mine project boundary.
Northern Pine Snake
The Northern Pine Snake is a historic record for the Isabella quad. No further data
collection is necessary because this species has not been documented within the past fifty
years within the Isabella quad locale.

WAT
BRE/
LINE
SO
W/
AInoTu
Wilderness Creek Falls
Map -Impervious Surfaces
Sheet: 1
Scale: 1" = 750
NORTH

NORTH
WATERSHED
292acres
Exlsting Bldg.i 6540sf/43560=0.15acres
+ LO -1- 2000sfi,:_...-_.48,000sf/43 0=3.4oc
/4 w i � L:D00sf/drives=185,000sf/4 60=4.25ac
0,15acres 16,880 cres/292acres=,0578a resx100=5,78%
�'s
3,40acres 5.78% impervious surfac ❑RTH
4.25acres
=16.88acres
SOUTH
WATERSHED
M000c D
7250'x10'=72500sf
6080'x15'=91200sf
163700s /43650=3,76acres
45 L❑TS
45 LOTS 2000sf /house=92,000sf/43560=2.11ac
45 L❑TS 2500sf/drives=112,500s17'/4356(1=2.58nr-
2,11acres
2.58acres
3.76acres
=8.35acres
8.35acres/189acres=.0442acresx100
4,42% impervious
0 250 750 1500
Scale in Feet
Wilderness Creek Falls
Sheet: 2L�`' I Scale: 1" = 750'
Impact Map -Impervious Surfaces , V NORTH