20060644 Ver 1_COMPLETE FILE_20060412

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 9, 2006
DWQ Project # 06-0644
Henderson County
A. J. Ball
419 North Main Street
Hendersonville, NC 28792
Subject Property: Pinnacle Falls o [2 f
Henderson County Rfl?V7[g p
ri
Approval of 401 Water Quality Certification with Additional Conditions JUN 2 0 2000
Dear Mr. Ball:
OEr?rt VVt?c t GEj iA"T-y
Turclsfif; STC"?- }1! TrF 6R.ANCH
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 278 linear feet of perennial streams for the
purpose of road developement at the subject property, as described within your
application received by the N.C. Division of Water Quality (DWQ) on April 10, 2006.
After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s)
allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, stormwater and buffer
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX 919-733a93 / Internet: http://h2o.enr.state.nc.us/ncwetiands
Ny`
o Carolina
Ntura!!jl
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
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Pinnacle Falls
Page 2 of 7
June 9, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 10 feet #1 Culvert
Stream 24 feet #2 Culvert
Stream 25 (feet) #3 Culvert
Stream 0 feet #4 Arch Culvert
Stream 65 (feet) #5 Culvert
Stream 0 feet #6 Arch Culvert
Stream 95 (feet) #7 Culvert
Stream 59 (feet) #8 Culvert
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
Pinnacle Falls
Page 3 of 7
June 9, 2006
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetiands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that
it will not re-concentrate before discharging into a stream.
7. Mitigation
The Division of Water Quality has determined that protecting all remaining streams
and wetlands on the property, with 25 foot buffers measured from the top of bank on
both sides of the streams and wetlands, and the removal of all remaining, unutilized
culverts with stream restoration throughout the property shall offset the impact
associated with this activity. Deed Restrictions or Conservation Easements shall be
placed on the protected waters and a copy of the signed easements or recorded
restrictions must be submitted to this office within 30 days of issuance of this
Certification.
Pinnacle Falls .
Page 4 of 7
June 9, 2006
8. Trout Buffer Re-establishemnt
A 25 foot woody buffer, from the top of each bank, shall be established on all
jurisdictional waters throughout the subject +/-350 acres, where none currently exist,
to preserve water quality as defined in 15A NCAC .0202 (65). All buffer re-
establishment shall be in accordance with the Guidelines for Riparian Buffer
Restoration. (See attached)
9. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that have
been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities.
10. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B..0200. Appropriate sediment and erosion
control practices must be used to meet this standard. Monitoring must occur during
the installation of culverts, be summarized and submitted to the Asheville Regional
Office in Report form.
11. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices, shall
be performed so that no violations of state water quality standards, statutes, or rules
occur.
12.No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
13.Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged durir
construction activities as stipulated by conditions in the permit.
covered by this permit [applicable to construction projects that
more acres], full compliance with permit conditions including
control plan, self-monitoring, record keeping and reporting
required. A copy of this permit and monitoring report forms
httpJ1h2o. enr. state. nc. us/su/Forms Documents. htm.
14.Trout Moratorium
Pinnacle Falls
Page 5 of 7
June 9, 2006
g land disturbing
If your project is
disturb one (1) or
the sedimentation
requirements are
may be found at
The stream is a Class B Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional work
conducted within the stream may not occur between the dates of October 15 through
April 15.
15.Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance from future
wetland, water and buffer impact. These mechanisms shall be put in place prior to
impacting any wetlands, waters and/or buffers approved for impact under this
Certification Approval and Authorization Certificate.
16.Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradatiori or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or other
bank hardening methods. If rip-rap is necessary, it shall not be placed in the
stream bed, unless specifically approved by the Division of Water Quality.
Pinnacle Falls
Page 6 of 7
June 9, 2006
Upon completion of the project, the Applicant shall complete and return the
enclosed "Certificate of Completion" form to notify NCDWQ when all work
included in the §401 Certification has been completed. The responsible party
shall complete the attached form and return it to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project. Please send
photographs upstream and downstream of each culvert site to document correct
installation along with the Certificate of Completion form.
17.17inal Construction Drawings
Two copies of the final construction drawings shall be furnished to NCDWQ prior to
the pre-construction meeting. Written verification shall be provided that the final
construction drawings comply with the attached permit drawings contained in the
amended Application dated July 1, 2005.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
Pinnacle Falls
Page 7 of 7
June 9, 2006
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either 828-296-4657 or at [e-mail].
Sincerely,
for Alan W. Klimek, P. E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3402
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Jan Gay
Environmental Services, Inc.
1456 Patton Avenue, Suite C.
Asheville, NC 28806
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-0644.PinnacleFalls.ApprovalwithConditions
Triage Check List
Date: 4/19/06 Project Name: Pinnacle Falls Development
DWQ #:06-0644
County: Henderson
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 4/12/06 to 6/10/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
ENVIRONMENTAL SERVICES, INC.
1456 Patton Avenue, Suite C
Asheville, North Carolina 28806
828-254-0811 / Facsimile 828-254-0812
www.environmentalservicesinc.com

MEMORANDUM
TO: Kevin Barnett, DWQ Asheville
FROM: Jan Gay
DATE: 10 April 2006
Pinnacle Falls Development Nationwide Permit #39 Application
RE: ESI Project Number EE05-040
Attached is the Pre-construction Notification packages requesting Nationwide Permit 39 for
Development activities within the proposed Pinnacle Falls Development located near East Flat
Rock, Henderson County, North Carolina.
Seven copies of this permit have been submitted to DWQ in Raleigh. A copy has been submitted
to WRC and the USFWS for comment. A copy has been submitted to Steve Chapin (COE).
If you have any questions or comments, or need any additional information, please let me know.
APR ? .? ?
Jos
?49TTfiR Geri
?W4trkG-.
r
1
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 11 4
(If anv particular item is not apnlicable to this moiect. please enter "Not Applicable" or "N/A".)
I. Processing
1. 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:
39
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 r= Im r= Do
Environmental Concern (see the top of page 2 for further details) g
II. Applicant Information APR 1 2 2006
1. Owner/Applicant Information MUM FQQUAL
Name: A.J. Ball
Mailing Address: 419 North Main Street
Hendersonville NC28792
Telephone Number: 828-272-0315 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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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III. 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 full-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: Pinnacle Falls Development
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Henderson Nearest Town: Zirconia
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): I-26 east to US 25 south.
US 25 South to exit 3. Turn left to stop sign. Turn left on Lake Summit Drive. Turn left on
Mount Olivet Road. Follow to stop sign at intersection with Mountain Cove Road. Turn
left. Proposed development is approximately 0.5 mile on left.
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): 35.2378 °N 82.4799 °W
6. Property size (acres): 350 acres
7. Name of nearest receiving body of water: Cabin Creek
8. River Basin: Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
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 study area is generally rural in nature, with an
existing trail of logging roads crossing the site. Land use in the project vicinity is generally
rural in nature. See attached narrative for more detailed site conditions.
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10. Describe the overall project in detail, including the type of equipment to be used:
The proposed project includes construction of bridges and culverts using heavy equipment to
allow for development of the site.
11. Explain the purpose of the proposed work: The proposed work is necessary to allow access
to the subject property.
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. COE Action Id No 200531450. A jurisdictional delineation was
conducted within the subject property in February 2005 The delineation field effort was
reviewed and accepted by Ms Rebekah Newton (COE) on 21 March 2005. A verification letter
dated 27 May 2005 is attached. No previous permits have been requested for this project.
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.
No future permits needs are currently anticipated for this project
VI. Proposed Impacts to Waters of the United States/Waters of the State
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
iprap 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: See attached narrative for
impact descriptions
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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,
se arately list impacts due to both structure and floodin .
Wetland Impact Type of Wetland
Located within
Distance to
Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no) (linear feet)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0 Acre impact
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.
5.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact
Perennial Intermittent? t' Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
(acres)
1 UT Cabin Creek Culvert Extension P 5 10 0.001
2 UT Cabin Creek Culvert Extension P 5 24 0.003
3 UT Cabin Creek Culvert Extension P 5 25 0.003
4 Cabin Creek Arch Culvert P No Impact 70 NI
5 UT Cabin Creek Culvert P 5 65 0.007
6 Cabin Creek Arch Culvert P No Impact 50 NI
7 UT Cabin Creek Culvert P 5 95 0.011
8 UT Cabin Creek Culvert P 5 59 0.007
Total Stream Impact (by length and acreage) 278 0.032
6. 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
indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres) 0

7. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Impact (acres): 0.032
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 278
8. 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.
9. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. 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. Proposed road crossings within
the project study area utilize existing crossing sites. Crossings have been made nemendicular to
the stream channels. Jurisdictional wetland areas have been avoided.
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.
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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/ncwetlands/strmgide.html.
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.
See Attached Narrative for proposed mitigation plan.
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/wM/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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):-
Amount of Non-riparian wetland mitigation requested (acres;
Amount of Coastal wetland mitigation requested (acres):
"-- C -PO
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
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 213 .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 multiuliers.
* Impact Required
Zone Multiplier AA.t;-*;-
I 1 I 3 (2 for Catawba)
2 1.5
Total I I ( i
Zone I extends out 30 feet perpendicular from 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
Riparian Buffer Restoration Fund). Please attach all'appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
n.._.. -7 -ro
XI. 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. The proposed development is designed to be low
impact Created impervious surfaces will be less than 20% of the land surface.
XH. 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.
The proposed development will utilize on-site septic systems within each proposed lot to treat
generated waste water.
NM. 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.nc.us/ncwetlands. If no, please provide a short narrative description:
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).

Ap licant/Agent's Signature Date
(Agent's si ature is valid only if an authorization letter from the applicant is provided.)
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Luther E. Smith & Associates, P.A.
LAND PLANNING • LANDSCAPE ARCHITECTURE
129 Third Avenue West Phone (B28) 897-2307
Hendersonville. NC 28792 Fax [phone]
E-mail Isadesign®bellsouth.net
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LJhPARTMENT OF THE INTERIOR TENNESSEE VALLEY
ill GEOLOGICAL SURVEY MAPPING SERVICES
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Pinnacle Falls
Luther E. Smith & Associates, P.A.
LAND PLANNING LANDSCAPE ARCHITECTURE
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X : 281 Q x
Pinnacle Falls Nationwide Permit #39
Henderson County, North Carolina
Existing Site Conditions
The Pinnacle Falls development is a low impact development site. The subject property is
generally forested in nature. A jurisdictional delineation determined the presence of numerous
wetland areas and stream channels. The jurisdictional effort was field reviewed on 31 March
2005. The verification letter, dated 27 May 2005, is attached:
The wetland areas present within the subject property are generally small in areal extent, and are
associated with seeps and stream channels.
The stream channels within the project study area generally originate within the subject property.
The main channel within the subject property is Cabin Creek. Cabin Creek, from its origin to
Joe Creek, has a Best Usage Classification of B;Tr, and is a designated Trout water. Logging
trails cross the entire property, and cross several of the stream channels. Outside of these
existing crossings, the channels are generally stable with intact, forested buffers.
During the delineation effort, a community mapping effort documented the presence of five
community types, as described below.
Disturbed - These areas are disturbed by man and include clear-cut and grassy areas in the
northern and southern portions of the site as well as roadways cleared for logging. At the
extreme north of the site there exists an abandoned Christmas tree farm with a small area along
the road re-planted with 10-20 year old Fraser's fir (Abies frazeri). Opportunistic and invasive
species such as blackberry (Rubus sp.) and eastern white pine (Pinus strobus) populate the edges
of the disturbed areas. The best example of this is on the logging road in the southwest portion
of the site.
Acidic Cove - This community type is characterized by a dense midstory of rhododendron
(Rhododendron maximum) and mountain laurel (Kalmia latifolia) and a canopy dominated by
Eastern hemlock (Tsuga canadensis), white pine, tulip polar (Liriodendron tulipifera) and co-
dominated by red maple (Acer rubrum) and northern red oak (Quercus rubra). The herb layer is
sparsely populated with galax (Galax urceolata) doghobble (Leucothoe fontanesiana (axillaris
var. editorum)), Christmas fern (Polystichum acrostichoides), partridge berry (Mitchella repens),
and wild ginger (Hexastylis heterophylla). These areas are generally well-developed climax
communities. The middle portion of the site and more towards the south are very good examples
of this community type.
Rich Cove - The acidic cove areas surround the possible rich cove on the site. The
distinguishing characteristics of the rich cove are a more diverse canopy, an open understory, and
a lush diverse herbaceous layer. The canopy of this site was dominated by eastern hemlock,
white pine, tulip poplar, red maple, American beech (Fagus grandiflora), American basswood
(Tilia americana var. heterophylla), American buckeye (Aesculus flava), and black birch (Betula
lenta). The understory is more open than the acidic cove and includes dogwood (Corpus
florida), Fraser's magnolia (Magnolia fraseri), bigleaf magnolia (M. accuminata) and cucumber
tree (M. tripetala). The herb layer was not very well developed at the time of the survey but
included Christmas fern, dog hobble, partridge berry and galax.
Montane Oak Forest - The Montane Oak Forest on this site occurs on dry, well-drained slopes.
The canopy is dominated by species in the Quercus genus. A co-dominance of red oak, white
oak (Q. alba), and chestnut oak (Q. prinus) 50-70 years old populate the canopy. Red maple and
white pine are also found in the canopy. The understory is composed of sourwood (Oxydendrum
arboreum), rhododendron, and white pine. The herb layer is sparsely populated with galax and
partridge berry.
Montane Oak Pine Forest - This community is marked by a co-dominance of pines and oaks.
White pine and Scrub Pine (Pinus virginiana) make up the canopy along with red oak, white oak
and chestnut oak.
Proposed Impacts
A total of eight stream crossings are proposed within the subject property. Total stream impact
for the proposed development is approximately 278 linear feet. Cabin Creek is the only channel
with more than one proposed crossing. The remaining six channel crossings are on separate
unnamed tributaries to Cabin Creek.
Three of the proposed crossings (Crossings 1, 2 and 3) are located at existing crossings of
unnamed tributaries to Cabin Creek with in-place culverts. Impacts at these crossings include
extending the existing culverts a total of 59 linear feet (Crossing 1, 10 If; Crossing 2, 24 If,
Crossing 3, 251f).
Three of the proposed crossings (Crossings 5, 7 and 8) are located at existing crossings of
unnamed tributaries to Cabin Creek with no in-place pipes. Impacts at these crossings include
placement of new culverts totaling 219 linear feet (Crossing 5, 65 If; Crossing 7, 95 If; Crossing
8, 59 If).
Two of the proposed crossings (Crossings 4 and 6) are located at existing crossings of Cabin
Creek. These crossings include the placement of arch culverts across the existing channels and
are not considered jurisdictional impacts. These crossings are included in the permit package to
further exhibit minimization efforts.
Proposed Miti ag tion
To offset the 278 linear feet of impact, 3,000 linear feet of stream channel within the property
will be placed under a conservation easement, with a minimum forested buffer of 30 feet. Upon
acceptance of this mitigation plan, a local land conservancy will be contacted to assume the
easement.
1)
L +
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id 200531450 County: Henderson U.S.G.S. Quad: 7arconia
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: ESE. Attn: Jan Gay
Address: 932 Hendersonville Road. Suite 106
Asheville, NC 28803
Telephone No.: 828-27741070
ject site is located at 151 Boone Ton Road
Size and location of property (waterbody, road namelnumber, town, etc.) The pro
in Zimonia. Henderson County. North Carolina. The subject Project Property is approximately 350 acres.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property . We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
X There are wetlands on the above described property subject to the permit refits of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the US. including wetland on your property have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed
and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U. S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Remarks: During a site visit on March 21, 2005, the Corm reuuested three additional channels and their associated
wetlands be added to the project plan map. "Pinnacle Ridge". These areas were Ragged daring the site visit and should
Corps Regulatory Official:
Date 05/27/2005
Expiration Date 05127/2010
Page 1 of 2
, .1
Action Id. 200531450
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). ,If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Rebekah I+ Newton at 828-271-7980.
Basis For Determination: All wetlands on the property exM*bit wetland hydrology, along with hydric soils and a
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY
A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property ownerfagent copy of this form.
If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
Page 2 of 2
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