20060873 Ver 1_COMPLETE FILE_20060526

Subject: DWQ# 06-0873 The Cove at Flat Gap
From: Bev Strickland <bev. strickland @ ncmail.net>
Date: Wed, 30 Aug 2006 15:05:58 -0400
To: Kevin Barnett <[e-mail]>
CC: Ian McMillan <[e-mail]>
On the letter dated August 28, 2006 there is only a NW 39 that was issued. They applied for
N139 & 14. Could you please email me why the NW 14 was not needed for the wetland impact or
re-issued the letter with the NW 14 included.
Thanks
Bev
aOF WATER
OQG
D rN 1
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
August 28, 2006
DWQ Project # 06-0873
Jackson County
Lee Setzer
Generations Land Company
1998 Hendersonville Road
Suite 11
Asheville, NC 28803
Subject Property: The Cove at Flat Gap
Cullowhee Creek, Jackson County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Setzer:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.16 acres of wetlands and 140 linear feet
of streams for the purpose of property development at the subject property, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on July 26, 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 activities 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. ? [P= @ LE 0 W_ 1?
The Additional Conditions of the Certification are:
AU G 3 0 2006
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 [phone] Intemet: http://h2o.enr.state.nc. us/ncvaetlands
DENR • WATER QUALITY
1tiFTl1WOS AND STORIMATER BRANChNooAne
hCaroIina
An Equal Cppcrtun ry/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
The Cove at Flat Gap
Page 2 of 8
August 28, 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
Wetland Impact 0.16 (acres) Fill - #1
UT to Culowhee Creek 50 linear feet Culvert - #2
UT to Culowhee Creek 50 (linear feet) Culvert - #3
UT to Culowhee Creek 40 linear feet Culvert - #4
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.
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.
The Cove at Flat Gap
Page 3 of 8
August 28, 2006
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/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC'
27699-1650.
6. Stream and Wetland Stabilization (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you must provide
and receive written approval from this Office for a final stream and wetland
restoration plan for the resources immediately adjacent to the authorized
impacts. The plan must include designs and specifications that meet the
definition of stream and / or wetland restoration (or enhancement if no relocation
is proposed) according to the latest version of the Internal Technical Guide for
Stream Work in North . Carolina (available at
http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream and buffer
relocation must be constructed, maintained, and monitored according to the
plans approved by this Office. Any repairs or adjustments to the site must be
made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments. The created stream must be
preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of this approval.
A. Deed Restrictions - Deed restrictions or similar mechanisms shall be
placed on the lot to assure compliance with the conditions of this variance
approval. These mechanisms shall be put in place prior to impacting any
waters or buffers. The Deed Restrictions shall include the following
paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued
The Cove at Flat Gap
Page 4 of 8
August 28, 2006
compliance with authorizations issued by the State of North Carolina,
Division of Water Quality, DWQ Project Number 03-1030, and therefore
may be enforced by the State of North Carolina. This covenant is to run
with the land, and shall be binding on the Owner, and all parties claiming
under it."
B. Riparian Buffer Protection Areas - The "Riparian Buffer Protection Areas"
shall include all restored riparian buffers as a condition of this approval.
(25 linear feet from top of bank on both sides of all jurisdictional streams).
7. Diffuse Flow
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. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
8. 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.
9. 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. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
10. 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.
The Cove at Flat Gap
Page 5 of 8
August 28, 2006
11. 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 during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state,nc.us/su/Forms Documents.htm.
12. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers throughout all properties
contiguous with the properties disclosed within this application (and any future
parcels contiguous with these properties to be developed) in order to assure
compliance for 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.
13. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
14. 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.
The Cove at Plat Gap
Page 6 of 8
August 23, 2006
Culvert(s) shall not be installed in such a manner that will cause aggradation 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.
15. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 30 feet, as required by
the water supply regulations, of the streambank or wetland edges, associated with.
any land disturbing activity, repair, replacement and/or maintenance must be done in
a manner consistent with the Guidelines for Riparian Buffer Restoration
immediately following construction. (Please see attached.)
17. In stream construction and disturbance shall be prohibited within 30 feet of the top of
banks except where permitted crossings will occur.
16. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill.
17. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
18. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions must be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
19. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams must not be constructed.
20.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
The Cove at Flat Gap
Page 7 of 8
August 28, 2006
21.All crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
22. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) should be reestablished upstream and
downstream of the stream crossings if it is removed during construction to provide
bank stability and shading. We encourage the use of native plants that must be
removed from permanently disturbed areas.
23.AII mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
24. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
25.The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
26.All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
27. Bottomless Culverts must span from high bank to high bank. The digging of footers
which change the flow of the stream, or otherwise impact the natural course on the
stream are prohibited.
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.
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
The Cove at Flat Gap
Page 8 of 8
August 28, 2006
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. Barnett(cD, ncmail.net or at 828-296-4657.
Sincerely,
/)Sy (2. ? ?
for Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3402
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0873.TheCoveAtFlatGap.approval
Triage Check List
Date: 5/30/06 Project Name: The Cove At Flat Gap
DWQ #:06-0873
County: Jackson
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 5/26/06 to 7/24/06
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 (Neuse, 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!
Re: The Cove at Flat Gap
Subject: Re: The Cove at Flat Gap
0(? - ?07 ?_,
From: [e-mail]
Date: Wed, 19 Jul 2006 17:04:03 -0400
To: [e-mail], [e-mail]
CC: [e-mail], [e-mail],
[e-mail], Roger. [e-mail],
[e-mail], [e-mail], [e-mail]
Kevin,
I have spoken with both Lee Setzer and Terry Setzer today concerning The Cove at Flat Gap. There
was 9/10's of an inch of rain on site last week. Both Lee and Terry assured me that if
sediment was within Cullowhee Creek it was not coming off of their development. They have
approved sedimentation and erosion control plans for all of phase 1 and the contractor is currently
working a good distance upslope of Cullowhee Creek, any unnamed tributary to Cullowhee Creek,
or any wetland. If anyone is complaining about sediment within Cullowhee Creek you may need to
investigate upstream/downstream properties.
You received a NW permit for the previously impacted wetland area in late May. Attached is a map
of the stream/wetland areas on site that were delineated after this permit was submitted since the
development was in violation. I have the site plan for phase 2 now and need to know if you want a
revision to the existing permit or if you want a new application and associated fee for phase 2. I
will be submitting this tomorrow or Friday of this week so please try to respond as soon as possible.
Thanks,
Jennifer Robertson
[phone]
-----Original Message-----
From: Kevin. [e-mail]
To: [e-mail]
Cc: [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]
Sent: Tue, 18 Jul 2006 10:17 AM
Subject: The Cove at Flat Gap
Mr., Setzer:
I have received several complaints of recent regarding your contractors continuing to work within the Cove at Flat Gap.
As this site was discovered as a violation of North Carolina's wetland protection regulations, the violation area must be avoided
until the site is either restored of permitted. Continued utilization of this violation area for property development can be
considered "willful and intentional" and may subject you to further civil penalties.
By copy of this e-mail, the Division of Water Quality is asking for the cooperation of the local government to hold all permits
and authorizations until such a tine that this project is brought back into compliance,
Sincerely,
Kevin Barnett
-- Kevin Barnett - Kevin. [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
I of 2 7/20/2006 3:40 PM
Re: The Cove at Flat Gap
Tel: [phone]
Fax: [phone]
Check out AOL.com today. Breaking news, video search, pictures, email and IM. All on demand.
Always Free.
Content-Type: application/pdf
06.09.2006_cove_wetland_map.pdf Content- Encoding• base64
2 of 2 7/20/2006 3:40 PM
Triage Check List
Date: 7/28/06
Project Name: The Cove At Flat Gap
DWQ #:06-0873
County: Jackson
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 7/26/06 to 9/24/06

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!
JJJ??
Wetland and Natural Resource
Consultants, Inc.
Jul 24, 2006
Mr. David Baker
US Army Corps of Engineers
Mr. Kevin Barnett
NC Division of Water Quality
151 Patton Avenue, Room 208 2090 US Highway 70
Asheville, North Carolina 28801 5wannanoa, North Carolina 28778
RE: The Cove at Flat Gap (+/- 128.5 acres) ( U- -7, B
Jackson County, North Carolina - DWQ # 06-0873
JUL 2 6 2006
Dave/Kevin:
DEWR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
At the owner's request, WNR is submitting the attached documentation as a revision
for the after-the-fact (NW 14 impacts) permit application requesting Nationwide 14
permit authorization for the proposed residential development known as The Cove at
Flat Gap located off Cullowhee Mountain Road south of Cullowhee in Jackson County,
North Carolina. The revision includes impacts requested under Nationwide 39 for two
infrastructure road crossings.
The wetland impacts requested under Nationwide 14 were necessary to gain access to
the site off of the nearest state road (Parker Farm Road). The two road crossings
where three streams will be impacted are necessary to gain access across the
property for additional lots. The topography has dictated placement of infrastructure
roads. Stream crossing impacts 2 and 3 cannot be avoided. The main stream above
and below this proposed crossing becomes more sinuous which would result in
additional required impacts. If the road was shifted beyond the sinuous reaches of
stream then the lots above and below the road would be jeopardized due to size.
The original site plan allowed for 94 lots. The site plan was revised once we completed
the wetland/stream delineation but only allows for 86 lots. Seven lots were lost once
the delineation was complete to further avoid and minimize impacts. There are two
park areas on the project totally almost 14 acres. Deed notifications will be recorded
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828465-3035
828-648-8802 Fax [phone] Fax
for all lots containing wetlands and/or streams. The large wetland in the f loodplain of
Cullowhee Creek will be avoided.
Lots #4 and #5 contain a portion of the large wetland but the professional land
planners assure us that the lots can be built upon without impacts. The buildable /
disturbance area within these two lots only needs to be 100'x 100'. The footprints of
the proposed houses are 1800 square feet for a one story house and 1500 square feet
for a two story house. There is 0.57 acres available for building on the southeast side
of Lot #4. Lot #5 is 2.66 acres which will allow ample room for a 10,000 square foot
building envelope.
Should you have any questions regarding the additional information provided in this
correspondence, please do not hesitate to contact me at 828-712-9205.
Best Regards,
a
a
Jennifer Robertson
CC: NC Division of Water Quality
Attn: Mrs. Cyndi Karoly
2321 Crabtree Blvd
Raleigh, North Carolina 27604
NC Wildlife Resource Commission
Attn: Mr. David McHenry
20830 Great Smoky Mtn Expressway
Waynesville, North Carolina 28786
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
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) .
1. 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: NW 14 / 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
Environmental Concern (see the top of page 2 for further details), check here: ?
E 12 [R. a
II. Applicant Information
1. Owner/Applicant Information JUL 2 6 2006
Name: Generations Land Companies
QUALITY
Mailing Address: Attn: Mr. Lee Setzer yuETltrvDs n?,n
1998 Hendersonville Rd, Suite 11
Asheville, NC 28803
Telephone Number: 866-591-5263 Fax Number: 828-687-7896
E-mail Address: lee(}enerationsland com
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: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton. North Carolina 28716
Telephone Number:-828-648-8801. Fax Number: 828-648-8802
Updated 11/112005
Page 1 of 8
E-mail Address: Jennifer. Robertson(a)wetland-consultants.com
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: The Cove at Flat Gap
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7558-3'1-0506,7558-25-1251,7558-24--')630
4. Location
County: Jackson Nearest Town: Speedwell
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take 107 south from Sylva past Cullowhee and into Speedwell. The site will be on your left
off of 107.
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): 035.164293 ON 083.103819 °W
6. Property size (acres): 128.5 acres
7. Name of nearest receiving body of water: UT to Cullowhee Creek
8. River Basin: Little Tennessee
(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 site is mostly forested. There are two old homes on the
property. The floodplain of Cullowhee Creek has been used for agriculture historically but
not recently. An entrance road has been constructed to access the property.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The proiect will include the development of a residential community and supporting
infrastructure Typical construction equipment will be used.
11. Explain the purpose of the proposed work:
The proposed impact work is needed for the construction of a road to access the Proposed
residential development
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. A NW 14 permit was submitted on 5/25/2006 for the construction of an
entry road crossing in the northwest corner of the property.
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.
There are no future project plans.
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
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impact is for construction of
two road crossings to gain access across the property.
Updated 11/12005
Page 3 of 8
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)
1 Road Crossing Forested Yes <100, 0.16

Total Wetland Impact (acres) 0.16
3. List the total acreage (estimated) of all existing wetlands on the property: +/- 2.8 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Number
Stream Name Type of Perennial or Average
Stream Width Impact
Length Area of
Impact
(indicate on map) Impact Intermittent? Before Impact linear feet acres
2 UT to Cullowhee Creek Road
Crossing P 5 50 0.006
3 UT to Cullowhee Creek Road
Crossing 1 4 50 0.005
4 UT to Cullowhee Creek Road
Crossing P 4 40 0.004
Total Stream Impact (by length and acreage) 140' 0.015
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(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
None

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.015
Wetland Impact (acres): 0.16
Open Water Impact (acres): 0
Updated 11/1/2005
Page 4 of 8
Total Impact to Waters of the U.S. (acres) 0.175
Total Stream Impact (linear feet): 140'
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): no ponds are proposed to be built
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. The road crossings are
necessary to access proposed residential lots. Impacts were minimized by avoiding wetland
impacts at the north of the property and by keeping stream impacts to a minimum. The site plan
has been revised based on the stream/wetland delineation. The original site plan included in the
original application provided for 94 lots. The revised site plan only allows for 86 lots. Seven
lots were lost in order to avoid and minimize additional impacts on site.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
Updated 11/1/2005
Page 5 of 8
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.ne.us/ncwetiands/strmgide.litml.
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.
Deed notification on all lots containing streams and/or wetlands.
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):
IX. Environmental Documentation (required by DWQ)
Updated 111112005
Page 6 of 8
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ? No
X.
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 ?
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 ?
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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Required
Zone ,..,........, P -N Multiplier r,rt,-tt,,,
Total
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213.0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Updated 11/1/2005
Page 7 of 8
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. Impervious surface will not exceed 20% for the
proiect
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Septic systems will be used for the individual lots.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 214.0500) 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://12o.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).
-a - o?
Ap cant/Agent's Signature Date
( gent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8
?? I t 1 I `? i
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The Cove at Flat Gap Wetland Map
Jackson Count NC
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SCALE W FEET , I I
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Project Name The Cove at Flat Gap
Date 06/09/2008
Wetland Delineation Sketch 1 1 \ l lh '? \ •,\ 1
1) This illustration depicts the approximate limits of jgri dictional Waters of the U.S?(wetlands, open waters, and streams) delineated (lagged)
J
using the 1967 Corps of Engineers IVedands Delinejtr'on Manual. Findings subjed`to future change and revis'on.
2) Jurisdictional Wetland areas exhibit positive indicators of all three required parameters (vegetation, soils, and hygtrolcgy).
l
i
3) Stream dasslpicationsarebased onfdenlifira0onMetlreGSforther)ngfnsoflntermrBentandPers7rialStreamsV:J.1.(NCDividonofWater Quality). Origin points are subject to change based on environmental factors. Ephemeral drainages are typiczliy no4egulated but may be i _. - •`?_ ;
`
ptured as All.
4) 4) findings are approximate until a jurisdictional Determination is obtained from the US Army Corps of Engineers in accordance with Wilmington
District policy of July 2005.
5) Jurisdictional Wetland and Stream locations are not final until platted by a licensed lard surveyor in accordance with Wilmington District policy \
of July 2005.
6) All dimensions, position locations, and boundaries, indudng GPS wetland and stream positions, are approximate and are not suitable for f
recordation.
inmost cases permits are required -
7) zeuired to Impact or discard 47a[ersoi the U5. Project propUn2nt Ls IiaGlz far landdisturtng activities en the - -
site -
undertaken prior to a final Jurisdictional Determination or permit issuance. '.\
::unsdictional Stream(s) : Trout EUffer (25', -- _ _
Jurisdictional Wetland(s) ?..? Property Boundary
junsdicboral linear Victand(s' 100 year f,ocdplan
Entrona Road
r
0. (to oxrex
The Cove at Flat Gap Wetland Ala
Jackson County, NC
_ Ill . -_ •.\??`'?', _-???;\
_ - 1
\',, Scale 1 350'
%
f/ • f
%
NX
Project Name The Cove at Flat Gao !"? \ %
Data 06M/2000 \
tYeUandDelineation Sketch 1) This iGustratinn depicts the approximate limits cf juradict;onal Waters cf the U.S. (wetlands, open waters, and streams) deiineated (flagged) ` \ \ \,? /
using the l?67r-,ipsn`Eng,ix,:cast;cYun, CaineaG'vrftarrcal.FrAingssubject to future OiangeEnd re:Ls!cn. •\ \ \ 1 ',,•
2) Jurisdictional WLtlarid areas exhibit positive indicators of all three required parameter (vegetation, soils, and hydrology).
3) Stre2rn tlassiho0ons are based on I?eirtin a6on h@rcdskxthe Orrgiv ct/ntermrP Land Perennv/SrTeans V.3.1. (NC Division of Watts
Quality). Origin points are subject to change based on environmen<rl lactas. Ephemeral drainages are typically net regulated but may be
captured asjurisdictional. 9) Ail findings are approximate until a Junsdidional Determination is obtained from the US Army Carps of Erigireem in accordance with Wilmington
District policy of July 2005. ,,\ I
5) Jurisdictional Weiland and Stream locations are net final until platted by a licensed land surveyor in accordance wid-i Vdlmingten District pal icy
of July 2005.
6) All dimensions, position locations, and boundaries, including C-PS wetland and stream pasidons, are zpproximate and are not suitable for • \, _ - ( ?) I
recordation,
i) In m:,st ass permits are required to impact cr distort Waters of the US. Project proponent's Gable for land disturbing activities on the site _ ? ) I
undertvken prior to a final Jurisdictional Determination cr permit issuance.
I
j
Jursdicicral Stream(s) :Trout Buffo (ZS)
Jcrladidional Wetland(s) .? ... : Property ScurmdzN
:Juri;di icnclWearWetlasd(s) 1C0 year Occciplain
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0 8 7 3
Wetland and Natural Resource
Consultants, Inc.
May 25, 2006
To: US Army Corps of Engineers
Asheville Regional Field Office
Attn: Mr. David Baker
151 Patton Avenue, Rm. 208
Asheville, North Carolina 28801
Re: The Cove at Flat Gap (+/- 128.5 acres)
Jackson County, North Carolina
NC Division of Water Quality
Asheville Regional Office
Attn: Mr. Kevin Barnett
2090 US Highway 70
Swannanoa, North Carolina 28778
Dave/Kevin:
At the owner's request, WNR is submitting the attached documentation for an after-the-fact
permit application requesting Nationwide 14 permit authorizations for the proposed residential
development known as The Cove at Flat Gap located off Cullowhee Mountain Road south of
Cullowhee in Jackson County, North Carolina.
The following supporting documents have been attached to this request:
1) Permit Application and Impact Maps;
2) USGS Topographical Quadrangles, Aerial Photographs, Tax Parcel Map, Vicinity Map, Soil
Survey,
3) Wetland Data Forms, NC DENR Division of Water Quality Stream Classification for Cullowhee
Creek, and
4) Agent Authorization Form.
Mitigation for the impacts will be accomplished through minimization and avoidance as the
project moves forward. The stream and wetland delineation is scheduled for the week of May
29th. A wetland map and additional impacts under NW 14 and/or NW 39 will be forwarded once
the fieldwork and office work is complete. The existing impacts were necessary to gain access
to the site off of the nearest state road (Parker Farm Road). It is anticipated that most of the
wetlands within the floodplain of Cullowhee Creek will be avoided.
Please do not hesitate to contact me should you have any questions regarding the attached
Pre-Construction Notification application.
Best regards:
Q ?
en if r Robertson
CC: WRC
R@ 0WRD
Q
MAY 2 6 2006
DENR - WATER QUALITY
WETLANDS AND STOFOX rATER BRANCH
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
?1[.L
Weiland and Natural Resource
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 27604220
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc. W 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: Zgty'o
Address:
Address:
Address:
Phone Number:
J Property Location:
Owners Signature:
Date:
Canton Office
PO Box 882
Canton, NC 287116
828-648.8801
828-648-8802 Fox
plkemn0?-
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C'?7.!r 1I
X9/ s? ?3-
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wnrinc.com
G
vt.t.
Al.L
Newton Office
PO Box 224
Newton. NC 28658
828-465-3035
828-465-3050 Fox
2-01 69t,t?6SE90L 3INHdW03 QWd71 SNOIiUd3N39 11:6 9002 i 2 ReW
Office Use Only: Form Version March 05
`0060873
USACI Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or °N/A".)
1. 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: After the Fact NW A
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 Mana ement Area of
Environmental Concern (see the top of page 2 for further details), chec @p DWF D
II. Applicant Information MAY 2 6 2006
1. Owner/Applicant Information DENR - WATER QUALITY
Name: Generations Land Companies YVETLANDS AND STORMWATER BRANCH
Mailing Address: Attn: Mr. Lee Setzer
1998 Hendersonville Rd, Suite 11
Asheville, NC 28803
Telephone Number: 866 591 5263 Fax Number: 828-687-7896
E-mail Address: lee generationsland.com
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: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton. North Carolina 28716
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
Updated 11/1/2005
Page 1 of 8
E-mail Address: Jennifer. Robertson@,wetland-consultants.com
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: The Cove at Flat Gap
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7558-33-0506, 7558-25-1251. 7558-24-3630
4. Location
County: Jackson Nearest Town: Speedwell
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take 107 south from Sylva past Cullowhee and into Speedwell. The site will be on your left
off of 107.
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): 035.164293 ON 083.103819 °W
6. Property size (acres): 128.5 acres
7. Name of nearest receiving body of water: UT to Cullowhee Creek
8. River Basin: Little Tennessee
(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 site is mostly forested. There are two old homes on the
property. The floodplain of Cullowhee Creek has been used for agriculture historically but
not recently.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The project will include the development of a residential community and supporting
infrastructure Typical construction equipment will be used.
11. Explain the purpose of the proposed work:
The work is needed for the construction of a residential development
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. None
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.
An additional NW 39 will be submitted once the wetland and stream delineation is complete
)r the week of May 2
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
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impact is for construction of
the entrv road crossing in order to gain access to the site off of Parker Farm Road.
Updated 11/1/2005
Page 3 of 8
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(es/no) Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)
1 Road Crossing Forested yes < 100, 0.16

Total Wetland Impact (acres) 0.16
3. List the total acreage (estimated) of all existing wetlands on the property: 0.16 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet) Area of
Impact
(acres)
None

Total Stream Impact (by length and acreage) 0 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(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)
None

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.16
Updated 11/1/2005
Page 4 of 8
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.16
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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. The road crossing through the
wetland was necessM to gain access to the site The project has a narrow connection to Parker
Farm Road.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Updated 11/1/2005
Page 5 of 8
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
littp://li2o.enr.state.ne.us/ncwettands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation is proposed through avoidance and minimization.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 71-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.litm. 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):
IX. Environmental Documentation (required by DWQ)
Does the' project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
Updated 11/1/2005
Page 6 of 3
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 ?
X.
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 ?
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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I I Zone* Impact Multiplier Required
(sauare feet) Mitigation
Total
* Zone 1 extends out 30 feet perpendicular
additional 20 feet from the edge of Zone 1.
within 15A NCAC 2B .0242 or.0244, or.0260.
the top of the near bank of channel; Zone 2 extends an
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
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
Updated 11/1/2005
Page 7 of 8
demonstrating total proposed impervious level. The smallest lot is 0.66 acre and the largest lot is
4.19 acres Impervious surface will no exceed 20% for the project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Public sewer and water currently extend to the Jackson County Recreation area just before you
get to the property so the developer may be able to tap into these utilities
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A 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).
5-a1 o-
Applican be 's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8

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5'W Name: SYLVA SOUTH Location: 035'16'39.8" N 083' 10' 33.21" W
Date: 5/24/2006 Caption: The Cove at Flat Gap
Scale: 1 inch equals 4000 feet Jackson CO
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Caption: The Cove at Flat Gap
Jackson CO
SOIL SURVEY OF JACKSON COUNTY, NORTH CAROLINA
The Cove at Flat Gap
USDA Natural Resources Web Soil Survey I.1 5/24/2006
isuY111if! (on ervation Service National Cooperative Soil Survey Page 1 of 4
SOIL SURVEY OF JACKSON COUNTY, NORTH CAROLINA
The Cove at Flat Gap
MAP LEGEND MAP INFORMATION
Soil Map Units
0 Cities Source of Map: Natural Resources Conservation Service
Detailed Counties Web Soil Survey URL: http://websoilsurvey.nres.usda.gov
Detailed Stales
Interstate Highways Coordinate System: UTM Zone 17
Roads Soil Survey Area: Jackson County, North Carolina
'T Rails Spatial Version of Data: 1
Water Soil Map Compilation Scale: 1:12000
Hydrography
Oceans
ArAYAYA' Escarpment, bedrock
vnvnvnv? Escarpment, non-bedrock
Gulley
uuuntntut Levee
.......... Slope
W Blowout
R Borrow Pit
ka Clay Spot
? Depression, closed
- Eroded Spot
x Gravel Pit
Gravelly Spot
Gulley
Lava Flow
© Landfill Map comprised of aerial images photographed on these dates:
.L Marsh or Swamp 1993
00 Miscellaneous Water
v Rock Outcrop
+ Saline Spot
Sandy Spot
Slide or Slip
0 Sinkhole
fiy Soclic Spot
Spoil Area The orthophoto or other base map on which the soil lines were compiled and
digitized probably differs from the background imagery displayed on these maps.
0 Stony spot
_ As a result, some minor shiftinq of map unit boundaries may be evident.
O Perennial Water
USDA Natural Res rces Y Wet Spot Web Soil Survey 1.1 5/24/2006
! ('onstnatioo Service National Cooperative Soil Survey Page 2 of 4
Soil Survey of Jackson County, North Carolina The Cove at Flat Gap
Map Unit Legend Summary
Jackson County, North Carolina
Map Unit Symbol Map Unit Name
Acres in AOI
Percent of AOI
BkB2 Braddock clay loam, 2 to 8 percent 7.3 0.4
slopes, eroded
BkC2 Braddock clay loam, 8 to 15 percent 8.4 0.5
slopes, eroded
BkD2 Braddock clay loam, 15 to 30 percent 11.7 0.6
slopes, eroded
CaF Cashiers gravelly fine sandy loam, 50 146.6 7.9
to 95 percent slopes
CpF Cleveland-Chestnut-Rock outcrop 5.4 0.3
complex, windswept, 50 to 95 percent
slopes
CrD Cowee-Evard-Urban land complex, 15 6.2 0.3
to 30 percent slopes
CuC Cullasaja-Tuckasegee complex, 8 to 15 53.4 2.9
percent slopes, stony
CuD Cullasaja-Tuckasegee complex, 15 to 169.2 9.1
30 percent slopes, stony
CuE Cullasaja-Tuckasegee complex, 30 to 74.5 4.0
50 percent slopes, stony
CuF Cullasaja-Tuckasegee complex, 50 to 9.6 0.5
90 percent slopes, stony
CwA Cullowhee fine sandy loam, 0 to 2 26.0 1.4
percent slopes, occasionally flooded
DsB Dillsboro loam, 2 to 8 percent slopes 6.6 0.4
DsC Dillsboro loam, 8 to 15 percent slopes 0.5 0.0
EvC Evard-Cowee complex, 8 to 15 percent 4.9 0.3
slopes
EvD Evard-Cowee complex, 15 to 30 144.5 7.8
percent slopes
EvE Evard-Cowee complex, 30 to 50 250.9 13.5
percent slopes
EvF Evard-Cowee complex, 50 to 95 262.4 14.2
percent slopes
FaD Fannin fine sandy loam, 15 to 30 40.3 2.2
percent slopes
FaE Fannin fine sandy loam, 30 to 50 156.4 8.4
percent slopes
FaF Fannin fine sandy loam, 50 to 95 122.9 6.6
percent slopes
USDA Natural Resources Web Soil Survey 1.1 5/24/2006
""? Conservation Service National Cooperative Soil Survey Page 3 of 4
Soil Survey of Jackson County, North Carolina The Cove at Flat Gap
Jackson County, North Carolina
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
NkA Nikwasi fine sandy loam, 0 to 2 34.3 1.9
percent slopes, frequently flooded
SaC Saunook gravelly loam, 8 to 15 percent 31.9 1.7
slopes
SaD Saunook gravelly loam, 15 to 30 4.5 0.2
percent slopes
SbD Saunook gravelly loam, 15 to 30 38.9 2.1
percent slopes, stony
SvB Statler loam, 1 to 5 percent slopes, 5.8 0.3
rarely flooded
TrE Trimont gravelly loam, 30 to 50 72.7 3.9
percent slopes, stony
TrF Trimont gravelly loam, 50 to 95 141.5 7.6
percent slopes, stony
UfB Udorthents-Urban land complex, 0 to 5 2.7 0.1
percent slopes, rarely flooded
WtB Whiteside-Tuckasegee complex, 2 to 8 13.8 0.7
percent slopes
USDA Natural Resources Web Soil Survey 1.1 5/24/2006
? Conservation Service National Cooperative Soil Survey Page 4 of 4

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LITTLE TENNESSEE RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Clear Spring Branch LTN03 2-57-21-8 G04SE1 C;CRW
Cliff Branch LTN02 2-79-55-6 E05SE4 C;HQW
Clingmans Creek LTN02 2-90-1-(1) E05SW4 C;Tr,HQW
Clingmans Creek LTN02 2-90-1-(2) E05SW4 C;Tr
Cloer Branch LTNO1 2-19-4-1 G04SE3 WS-III;Tr
Cochran Branch LTN02 2-79-69 F05N'W7 C
Cochran Creek LTN04 2-190-24 F03NE7 C
Cochran Creek LTN04 2-190-27 F03NW9 C
Cody Branch LTN02 2-117-1 F04NW9 C
Cody Branch LTN02 2-130-1 F04SW1 C
Cody Branch LTN04 2-190-29-1 F03NE9 C
Coggins Creek LTN02 2-79-23-9 G06NW2 WS-III
Cold Branch LTN04 2-190-19-3 F02SE3 C;Tr
Cold Creek LTN02 2-79-6-4 G07NW2 WS-III;HQW
Cold Creek LTN02 2-79-9-4 F07SW7 WS-III;HQW
Cold Spring Branch LTN02 2-69-1 F05SE1 C;HQW
Cold Spring Branch LTN02 2-146-13 F04NW3 C;Tr
Cold Spring Creek LTN03 2-57-45-8 G04NEl C;Tr
Coldspring Branch LTN02 2-160-1 F03NE2 WS-IV;Tr
Coldspring Branch LTN04 2-190-9-17-9 G03NW2 C
Collins Creek LTN02 2-79-55-10 E05SE4 C;Tr,HQW
Colvin Branch LTN04 2-190-24-1 F03NE7 C
Commissioner Creek LTNO1 2-3 G05SW8 C;Tr
Conley Camp Branch LTN03 2-57-27-1 G04NE7 C
Conley Creek (Connelly Creek) LTN02 2-79-52 F05SE1 C;Tr
Cook Branch LTN02 2-115-2-1 F04SW3 C
Cooloska Branch LTN04 2-190-8 F03SE4 B; Tr.
Coon Branch LTN02 2-79-55-3-4 E05SE1 C;Tr,HQW
Coon Branch LTN02 2-115-1-5 F04SW3 C
Coon Creek LTNO1 2-24-3 F05SES C
Cooper Camp Branch LTN04 2-190-36-1 F03NW5 C
Cooper Creek LTN02 2-79-56 E05SE7 C;Tr
Cope Branch LTN02 2-146-15-2-1 E04SW8 C;Tr
Cope Creek LTN02 2-79-39-15 F06SW2 C;Tr
Coppermine Creek LTN02 2-79-28-3-1 F06SE3 WS-III
Corbin Creek LTNO1 2-23-1 G05NE2 C
Cornsilk Branch LTN04 2-190-9-19-1 F03SE4 C
Couches Creek LTN02 2-79-55-15 E05SE8 C;Tr,HQW
Cow Mountain Creek LTN02 2-79-13-2-2 G06NE5 WS-III
Cowee Creek LTNO1 2-29 F05SE7 C;Tr
Coweeta Creek LTNO1 2-10 G05SW5 B;Tr
Craig Creek LTN02 2-79-28-5-1 F06SE2 WS-III
Cranberry Creek LTN02 2-79-55-21-3-3 F06NW2 C
Crawford Branch LTNO1 2-22 G05NW6 C
Cripple Creek LTN02 2-79-65 FOSNWS C
Crooked Creek LTN02 2-79-50 F05NE4 C
Crow Creek LTNO1 2-21-14 G05SE3 C
Crows Branch LTNO1 2-21-18 G05NE9 C
Cub Branch LTN02 2-79-9-5-1 F07SW7 WS-III;HQW
Cullasaja Branch LTN02 2-69-11-2 F05SW2 C
Cullasaja River LTNO1 2-21-(5.5) G06SW4 B;Tr
Cullasaja River (Mirror Lake, Lake Sequoyah) LTNO1 2-21-(3.5) G06SW5 WS-III;Tr,CA
Cullasaja River (Ravenel Lake) LTNO1 2-21-(0.5) G06SW5 WS-III;Tr
Cullowhee Creek LTN02 2-79-31 G06NW2 C;Tr
Cunningham Creek LTNO1 2-10-1-3 G05SW5 B
Curtis Creek LTN03 2-57-9 G04SE6 C;Tr,ORW
Dalton Branch LTN02 2-178-6-3 F03NW3 C;Tr
Dalton Creek LTNO1 2-29-4-2 F05SE7 C
Page 6 of 26
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: The Cove at Flat Gap Date: 5/25/06
Applicant / Owner: Generations Land Companies County: Jackson
Investigator: Jennifer Robertson State: NC

Do normal circumstances exist on the site? Yes x No
Is the site significantly disturbed (Atypical situation)? Yes X No
CommunitylD:Upland
Is the area a potential problem area? Yes No x Transect ID: Upland
(explain on reverse if needed) Plot ID: Upland
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. lonicera japonica H FAC- 9.
2. iuelans niera C FACU 10.
3. rosa multiflora H UPL 11.
4. vitis rotundifolia U FAC 12.
5. liriodendron tulipifera C FAC 13.
6. cornus florida U FACU- 14.
7. toxicodendron radicans H FAC 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 43
Remarks: Just above pond
HYDROLOGY
_ Recorded Data (Describe In Remarks)
_ Stream, Lake, or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: n/a (in.)
Depth to Saturated Soil: n/a (in.)
Remarks:
Wetland Hydrology Indicators
Primary Indicators:
_ Inundated
Saturated in Upper 12"
Water Marks
_ Drift Lines
_ Sediment Deposits
_ Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Local Soil Survey Data
_ FAC-Neutral Test
_ Other (Explain in Remarks)
SOILS
Map Unit Name
(Series and Phase): Chewacla loam Drainage Class: moderately well
drained
Taxonomy (Subgroup): Fluvaquentic D tr depts Confirm Mapped Type? Yes X No
Profile Description:
Depth Matrix Colors
(inches) Horizon (Munsell Moist)
0-4 O 7YR4/4

4-5 A 10YR4/4
5-9 A 7.7YR5/8
9-12 A 2.5YR5/8
Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure, etc.
sandy loam
fine sandy loam
fine sandy loam
sandy clay loam
Hydric Soil Indicators:
_ Histosol Concretions
Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
_ Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No x Is the Sampling Point
Wetland Hydrology Present? Yes No x Within a Wetland? Yes_ No x
Hydric Soils Present? Yes No x
Roma
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: The Cove at Flat Gap Date: 5/25/06
Applicant / Owner: Lee Setzer / Generations Land Companies County: Jackson
Investigator: Jennifer Robertson State: NC

Do normal circumstances exist on the site? Yes x No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes X No Wetland
Is the area a potential problem area? Yes No x Transect ID:Wetland
(explain on reverse if needed) Plot ID: Wetland
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. nlatanus occidentalis C FACW- 9. cornus amomum S FACW+
2. impatiens capensis H FACW 10.
3. carex sip H -FACW 11.
4. acer rubrum C -FAC 12.
5. salix niera S OBL 13.
6. lindera benzoin S FACW 14.
7. alnus serrulata S FACW 15.
8. iuncus effusus H FACW+ 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: <5 (in.)
Depth to Saturated Soil: 4 (in.)
Wetland Hydrology Indicators
Primary Indicators:
Inundated
r Saturated in Upper 12"
Water Marks
x Drift Lines
x Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Local Soil Survey Data
_ FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Nikwasi tine sandy loam Drainage Class: poorly drained
Taxonomy (Subgroup): Cumulic Humaquepts Confirm Mapped Type? Yes X No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture,
Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-8 O 10YR3/2 _ fine sandy loam
8-12 A 10YR3/1 fine sandy loam
Hydric Soil Indicators:
Histosol Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in
Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed On Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors - Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes x No
Wetland Hydrology Present? Yes x No
No
Hydric Soils Present? Yes x No
Is the Sampling Point
Within a Wetland? Yes x
Remarks:

Wetland and Natural Resource
Consultants, Inc.
July 24, 2006
Mr. David Baker
US Army Corps of Engineers
Mr. Kevin Barnett
NC Division of Water Quality
151 Patton Avenue, Room 208 2090 US Highway 70
Asheville, North Carolina 28801 Swannanoa, North Carolina 28778
a rz?! [-?n P
Q v
RE: The Cove at Flat Gap (+/- 128.5 acres) D k UE;
Jackson County, North Carolina - DWQ # 06-0873 JUL G 6 2006
Dave/Kevin:
DErJK - vVA cR QUALITY
WETLANDS AND ST91AWATER BRANCH
At the owner's request, WNR is submitting the attached documentation as a revision
for the after-the-fact (NW 14 impacts) permit application requesting Nationwide 14
permit authorization for the proposed residential development known as The Cove at
Flat Gap located off Cullowhee Mountain Road south of Cullowhee in Jackson County,
North Carolina. The revision includes impacts requested under Nationwide 39 for two
infrastructure road crossings.
The wetland impacts requested under Nationwide 14 were necessary to gain access to
the site off of the nearest state road (Parker Farm Road). The two road crossings
where three streams will be impacted are necessary to gain access across the
property for additional lots. The topography has dictated placement of infrastructure
roads. Stream crossing impacts 2 and 3 cannot be avoided. The main stream above
and below this proposed crossing becomes more sinuous which would result in
additional required impacts. If the road was shifted beyond the sinuous reaches of
stream then the lots above and below the road would be jeopardized due to size.
The original site plan allowed for 94 lots. The site plan was revised once we completed
the wetland/stream delineation but only allows for 86 lots. Seven lots were lost once
the delineation was complete to further avoid and minimize impacts. There are two
park areas on the project totally almost 14 acres. Deed notifications will be recorded
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
for all lots containing wetlands and/or streams. The large wetland in the floodplain of
Cullowhee Creek will be avoided.
Lots #4 and #5 contain a portion of the large wetland but the professional land
planners assure us that the lots can be built upon without impacts. The buildable /
disturbance area within these two lots only needs to be 100' x 100'. The footprints of
the proposed houses are 1800 square feet for a one story house and 1500 square feet
for a two story house. There is 0.57 acres available for building on the southeast side
of Lot #4. Lot #5 is 2.66 acres which will allow ample room for a 10,000 square foot
building envelope.
Should you have any questions regarding the additional information provided in this
correspondence, please do not hesitate to contact me at 828-712-9205.
Best Regards,
Y4?4W?41'4'?
Jennifer Robertson
CC: NC Division of Water Quality
Attn: Mrs. Cyndi Karoly
2321 Crabtree Blvd
Raleigh, North Carolina 27604
NC Wildlife Resource Commission
Attn: Mr. David McHenry
20830 Great Smoky Mtn Expressway
Waynesville, North Carolina 28786
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
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: NW 14 / 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 1? ? D
Environmental Concern (see the top of page 2 for further details), chec ? i u
II. Applicant Information
1. Owner/Applicant Information
JUL 2 6 2006
DENR - WATER QUALITY
1'OLANDS AND STORUNATER BRANCH
Name: Generations Land Companies
Mailing Address: Attn: Mr. Lee Setzer
1998 Hendersonville Rd, Suite 11
Asheville, NC 28803
Telephone Number: 866-591-5263 Fax Number: 828-687-7896
E-mail Address: lee aenerationsland.com
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: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton, North Carolina 28716
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
Updated 11/1/2005
Page 1 of 8
E-mail Address: Jennifer Robertsonnwetland-consultants.com
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: The Cove at Flat Gap
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7558-33-0506,7558-25-1251,7558-24-3630
4. Location
County: Jackson Nearest Town: Speedwell
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take 107 south from Sylva past Cullowhee and into Speedwell. The site will be on your left
off of 107.
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): 035.164293 ON 083.103819 °W
6. Property size (acres): 128.5 acres
7. Name of nearest receiving body of water: UT to Cullowhee Creek
8. River Basin: Little Tennessee
(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 site is mostly forested. There are two old homes on the
property. The floodplain of Cullowhee Creek has been used for agriculture historically but
not recently. An entrance road has been constructed to access the property.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The project will include the development of a residential community and supporting
infrastructure Typical construction equipment will be used.
11. Explain the purpose of the proposed work:
The proposed impact work is needed for the construction of a road to access the proposed
residential development.
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. A NW 14 permit was submitted on 5/25/2006 for the construction of an
entry road crossing in the northwest corner of the property.
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.
There are no future project plans.
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
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impact is for construction of
two road crossings to gain access across the property.
Updated 11/1/2005
Page 3 of 8
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 flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Road Crossing Forested Yes <100, 0.16

Total Wetland Impact (acres) 0.16
3. List the total acreage (estimated) of all existing wetlands on the property: +/- 2.8 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Number
Stream Name Type of Perennial or Average
Stream Width Impact
Length Area of
Impact
(indicate on map) Impact Intermittent? Before Impact linear feet acres
2 UT to Cullowhee Creek Road
Crossing P 5 50 0.006
3 UT to Cullowhee Creek Road
Crossing 1 4 50 0.005
4 UT to Cullowhee Creek Road
Crossing P 4 40 0.004
Total Stream Impact (by length and acreage) 140' 0.015
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(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)
None

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.015
Wetland Impact (acres): 0.16
Open Water Impact (acres): 0
Updated 11/1/2005
Page 4 of 8
Total Impact to Waters of the U.S. (acres) 0.175
Total Stream Impact (linear feet): 140'
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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.): no ponds are proposed to be built
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. The road crossings are
necessary to access proposed residential lots. Impacts were minimized by avoiding wetland
impacts at the north of the property and by keeping stream impacts to a minimum. The site plan
has been revised based on the stream/wetland delineation. The original site plan included in the
original application provided for 94 lots. The revised site plan only allows for 86 lots. Seven
lots were lost in order to avoid and minimize additional impacts on site.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
Updated 11/1/2005
Page 5 of 8
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/strm,i4ide.htni1.
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.
Deed notification on all lots containing streams and/or wetlands.
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.btm. 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):
IX. Environmental Documentation (required by DWQ)
Updated 11/1/2005
Page 6 of 8
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
X.
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 ?
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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone Impact Multiplier Required
(square feet) Mitigation
Total
3. If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 213.0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Updated 11/1/2005
Page 7 of 8
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. Impervious surface will not exceed 20% for the
project
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Septic systems will be used for the individual lots.
XIII. 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).
L:& &&_&M '7-a4-0(0
Ap cant/Agent's Signature Date
( gent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8
I
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The Cove at Flat Gap Wetland Map
Jackson Coun'ty, NC
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Project flame The Cove at Flat Gap , / • `
Date 061092008 (l I I I ••? 1 ?? // 1
Wetland Delineation Sketch ?'? 1 ••\ \ `,\
i
I) This illustration depicts the approximate limits of jurisdictional Waters of the U.V (wetlands, open waters, and streams) delineated (lagged)
using the 1937Corp?g crfn;lnee5l12iandsGe4ne,NonAianuaf.Fndingssubjed4bfuturedzngeandre') ision 1 ••? i i ----r
2 ]urisdiRional Wetland areas exhibit i•
positive indicators of all three required parameters (vegetation,oils, and hydrology). 1 \
3) Stream dassificatlons are based on 7dentfia3tWn Metbads for tte Orr'gins oflrtermittrnntand Perenria/Streams V3.1. (',C Division of Water ••\ '? j r
Quality). Origin points are subject to change based on environmenU factors. Ephemeral drainages are typically nctlegulated but may be
captured as jurisdictional. •' •, \ I I, 4) All fi "dings are approximate until a jurisdictional Determination is obtained from the US Armli,"s of Engineers in accordance with W4lmangjon •? 1
District policy of July 2005. ?t '\ 'v ••? ?"? /
5) Jurisdictional Wetland and Stream locations are not final until platted by a licensed land surveyor in accordance with Wilmington District polity
of July 2005. `\ ••\ . if
61 Ail dimensions, position IccaGOns, and boundaries, including.GPS wetland and stream positions, are aporczhnate and are not suitable for ?•\ I /? j
erordaaan.
7) in most cases permits are required to impact or disturb Waters of the US. Prciea proponent is liable for landsd;"rbing acs:ibes on the site - -- -"--=? I
undertaken prior to a final Jurisdictional Determination or permit issuance.
JurisdicuonalStream(s) :TroutBu.fer(25') --_ _
:jurisdictional Wetland(s) : Property Boundary
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- : Jurisdictional Wear Wetland(s) 100 year t;ocdplain --_--- - _ '
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The Cove at Flat Gap Wetland flap
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Scale 1" = 350'
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Project Name The Cove at Flat Gao
Data 0699120C6
Worland Delineation Sketch
1) This iCustratien depicts thee approAr ato limits of jursdictional Waters cf the U.S. (wetlands, open waters, and streams) delineated (flagged)
using the 19?7Carps &Lngr+ears 1=1andsOalnea0b7 Mw7ual. Fin aGngs subject to future change and revision.
2) Junsdicilcnal Wetland areas rXhbt positive ird!rstors of all three required parameters (vegetation, soils, and hydrology).
J) Stream dassifimtons are based atldam'resbonMc:;oi?; fertileGlgnscfln;&miP?ntundPerenna/5Y2arnsV.3.1.(NCDivisionofCJater
Quality). Origin points are subject to c ?ange based on environmental factors. Ephemeral draloags are typi¢Ily not regulated but may be
apb:red asjurisdicticnal.
#) wl findings are approximate until a Jurisdictional Determination is obtzined from the US Army Carps of Engineers in accordance with Wilmington
District policy of Jury 2005.
C) Jurisdictional 'Wetland and Stream Icadons are net final until platted by a licensed land surveyor in accordance with Wilmington District policy
of July 2005.
G) All dimensions, position lomdons, and boundaries, including i:PS wetland and strezm positions, zre approximate and are not suit=la for
recordation.
i) In mast coats permits are required to impact or disturb Waters of t'1e US. Project pmpwent is liable for 6:na disturbing adivibes on the s;Q
undertaken prior to a final Jurr-0ictionl Catarrniracon or permit issuance.
Jurisdkconal Stream(s) : Trout Buffer (25')
.. : Junsdktatal Wetland(s) : Property Boundary
- - - : Jurisdldlcnal Unear Wetland(s) : 1C3 year focdplain

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MAY 2 6 2006
Wetland and Natural Resource
Consultants, Inc. DFNR-WAT01QUALITY
w ??r»fNndre?+,M>7?i?naan,acF?
May 25, 2006
To: US Army Corps of Engineers
Asheville Regional Field Office
Attn: Mr. David Baker
151 Patton Avenue, Rm. 208
Asheville, North Carolina 28801
NC Division of Water Quality
Asheville Regional Office
Attn: Mr. Kevin Barnett
2090 US Highway 70
Swannanoa, North Carolina 28778
Re: The Cove at Flat Gap (+/- 128.5 acres)
Jackson County, North Carolina
Dave/Kevin:
At the owner's request, WNR is submitting the attached documentation for an after-the-fact
permit application requesting Nationwide 14 permit authorizations for the proposed residential
development known as The Cove at Flat Gap located off Cullowhee Mountain Road south of
Cullowhee in Jackson County, North Carolina.
The following supporting documents have been attached to this request:
1) Permit Application and Impact Maps;
2) USGS Topographical Quadrangles, Aerial Photographs, Tax Parcel Map, Vicinity Map, Soil
Survey,
3) Wetland Data Forms, NC DENR Division of Water Quality Stream Classification for Cullowhee
Creek, and
4) Agent Authorization Form.
Mitigation for the impacts will be accomplished through minimization and avoidance as the
project moves forward. The stream and wetland delineation is scheduled for the week of May
29''. A wetland map and additional impacts under NW 14 and/or NW 39 will be forwarded once
the fieldwork and office work is complete. The existing impacts were necessary to gain access
to the site off of the nearest state road (Parker Farm Road). It is anticipated that most of the
wetlands within the floodplain of Cullowhee Creek will be avoided.
Please do not hesitate to contact me should you have any questions regarding the attached
Pre-Construction Notification application.
Best regards:
ennif r Robertson
CC: WRC
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
5
.W ?• :°: w
Wetland and Natural Resource :+.;;'r•r.
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: Cyndl Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 276042260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc. W act on my behalf as my agent during the processing of permits tD
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:
?Eiy??`ro?tJJ' .Cif?N.?J ?.r,•.Q,ui,?S
Address:
Address:
Address:
Phone Number:
J Properly Location:
Owners Signature:
Date:
Canton Office
PO Box 882
Canton. NC 287116
828-648.8801
828-648-8802 Fax
F66 - sr9i - sa 63=
C/;7--l
wnrinc.com
4
A.
A/ C
Newton Office
PO Box 224
Newton. NC 28658
828-4653035
828-465-3050 Fox
2 -d G91rir6SB90L 3IWddWoo QWd-i SW0I1Ud3W39 11:6 9002 ira ReW
Office Use Only: Form Version March 05
30 8 73
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Appllcabte" or "N/A".)
1. 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
1
2. Nationwide, Regional or General Permit Number(s) Requested: After the Fact NW
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information F P 0 W C
MAY 2 6 2006
1. Owner/Applicant Information
Name: Generations Land Companies DE.NR • WATER QUALITY
Mailing Address: Attn: Mr. Lee Setzer „TWV I) y` , AIATt<lttrit ilct1
_ 1998 Hendersonville Rd, Suite 11
Asheville, NC 28803
Telephone Number: 866 591 5263 Fax Number: 828-687-7896
E-mail Address: lee(a4=erationsland.com
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: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton. North Carolina 28716
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
Updated 11/1/2005
Page 1 of 8
E-mail Address: [e-mail]
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: The Cove at Flat Gap
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7558-33-0506,7558-25-1251,7558-24-3630
4. Location
County: Jackson Nearest Town: Speedwell
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
Take 107 south from Svlva, past Cullowhee and into Speedwell. The site will be on your left
off of 107.
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): 035.164293 ON 083.103819 °W
6. Property size (acres): 128.5 acres
7. Name of nearest receiving body of water: UT to Cullowhee Creek
8. River Basin: Little Tennessee
(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 site is mostly forested. There are two old homes on the
property. The floodplain of Cullowhee Creek has been used for agriculture historically but
not recently.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
The project will include the development of a residential community and supporting
infrastructure Typical construction equipment will be used.
11. Explain the purpose of the proposed work:
The work is needed for the construction of a residential development
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. None
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.
An additional NW 39 will be submitted once the wetland and stream delineation is complete
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
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impact is for construction of
the entry road crossing in order to gain access to the site off of Parker Farm Road.
Updatcd 11/1/2005
Page 3 of 8
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.

Wetland Impact

Site Number
(indicate on map)

ype of Impact of Wetland
Type

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within

1
00-year
F(yes/no) an Distance to

Nearest
Stream
(linear feet) Area of

Impact
(acres)
1 Road Crossing Forested yes < 100, 0.16

Total Wetland Impact (acres) 0.16
3. List the total acreage (estimated) of all existing wetlands on the property: 0.16 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
acres
None

Total Stream Impact (by length and acreage) 0 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(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)
None

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.16
Updated 11/1/2005
Page 4 of 8
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) 0.16
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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. The road crossing through the
wetland was necessary to gain access to the site. The project has a narrow connection to Parker
Farm Road.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
Updated 11/1/2005
Page 5 of 8
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
littp:Hli2o.enr.state.nc.us/ncwetlands/sti m,,,ide.litni 1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Mitigation is proposed through avoidance and minimization.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.ne.us/wrp/index.litm. 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):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) land? Yes ? No
Updated 11/1/2005
Page 6 of 8
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 ?
X.
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 ?
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 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .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.
Zone* Impact Multiplier Required
?..,.......,, C ,.?? p AA r:...,
Total
* Zone 1 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
Donation of Property, Riparian Buffer
Riparian Buffer Restoration Fund). Ple
within 15A NCAC 2B .0242 or .0244, or
discuss what type of mitigation is proposed (i.e.,
Restoration / Enhancement, or Payment into the
use attach all appropriate information as identified
.0260.
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
Updated 11/1/2005
Page 7 of 8
demonstrating total proposed impervious level. The smallest lot is 0.66 acre and the largest lot is
4.19 acres Impervious surface will no exceed 20% for the project.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Public sewer and water currently extend to the Jackson County Recreation area just before you
get to the property so the developer may be able to tap into these utilities.
XIII. 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
littp://h2o.enr.state.nc.us/llcwetlands. 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).
-,1 in-
Applicant? eel's Signature Date
s signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8

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Name: SYLVA SOUTH Location: 035° 16' 39.8" N 083° 10' 33.21" W
Date: 5/24/2006 Caption: The Cove at Flat Gap
Scale: 1 inch equals 4000 feet Jackson CO
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Name: SYLVA SOUTH
Date: 5/24/2006
Scale: 1 inch equals 1000 feet
Location: 035116'39.8" N 083010'33.21" W
Caption: The Cove at Flat Gap
Jackson CO

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The Cove at Flat Gap Aerial Photograph #3

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Ln7LE TENNESSEE RIVER BASIN
Name of Stream Subbasin Stream Index Number Map Number Class
Clear Spring Branch LTN03 2-57-21-8 G04SE1 C;ORW
Cliff Branch LTN02 2-79-55-6 E05SE4 C;HQW
Clingmans Creek LTN02 2-90-1-(1) E05SW4 C;Tr,HQW
Clingmans Creek LTN02 2-90-1-(2) E05SW4 C;Tr
Cloer Branch LTNO1 2-19-4-1 G04SE3 WS-III;Tr
Cochran Branch LTN02 2-79-69 F05NW7 C
Cochran Creek LTN04 2-190-24 F03NE7 C
Cochran Creek LTN04 2-190-27 F03NW9 C
Cody Branch LTN02 2-117-1 F04NW9 C
Cody Branch LTN02 2-130-1 F04SW1 C
Cody Branch LTN04 2-190-29-1 F03NE9 C
Coggins Creek LTN02 2-79-23-9 G06NW2 WS-III
Cold Branch LTN04 2-190-19-3 F02SE3 C;Tr
Cold Creek LTN02 2-79-6-4 G07NW2 WS-III;HQW
Cold Creek LTN02 2-79-9-4 F07SW7 WS-III;HQW
Cold Spring Branch LTN02 2-69-1 F05SEl C;HQW
Cold Spring Branch LTN02 2-146-13 F04NW3 C;Tr
Cold Spring Creek LTN03 2-57-45-8 G04NEl C;Tr
Coldspring Branch LTN02 2-160-1 F03NE2 WS-IV;Tr
Coldspring Branch LTN04 2-190-9-17-9 G03NW2 C
Collins Creek LTN02 2-79-55-10 E05SE4 C;Tr,HQW
Colvin Branch LTN04 2-190-24-1 F03NE7 C
Commissioner Creek LTNO1 2-3 G05SW8 C;Tr
Conley Camp Branch LTN03 2-57-27-1 G04NE7 C
Conley Creek (Connelly Creek) LTN02 2-79-52 F05SE1 C;Tr
Cook Branch LTN02 2-115-2-1 F04SW3 C
Cooloska Branch LTN04 2-190-8 F03SE4 B;Tr
Coon Branch LTN02 2-79-55-3-4 E05SE1 C;Tr,HQW
Coon Branch LTN02 2-115-1-5 F04SW3 C
Coon Creek LTNO1 2-24-3 F05SE8 C
Cooper Camp Branch LTN04 2-190-36-1 F03NW5 C
Cooper Creek LTN02 2-79-56 E05SE7 C;Tr
Cope Branch LTN02 2-146-15-2-1 E04SWB C;Tr
Cope Creek LTN02 2-79-39-15 F06SW2 C;Tr
Coppermine Creek LTN02 2-79-28-3-1 F06SE3 WS-III
Corbin Creek LTNO1 2-23-1 G05NE2 C
Cornsilk Branch LTN04 2-190-9-19-1 F03SE4 C
Couches Creek LTN02 2-79-55-15 EOSSES C;Tr,HQW
Cow Mountain Creek LTN02 2-79-13-2-2 G06NE5 WS-Iii
Cowee Creek LTNO1 2-29 F05SE7 C;Tr
Coweeta Creek LTNO1 2-10 G05SW5 B;Tr
Craig Creek LTN02 2-79-28-5-1 F06SE2 WS-Iii
Cranberry Creek LTN02 2-79-55-21-3-3 F06NW2 C
Crawford Branch LTNO1 2-22 G05NW6 C
Cripple Creek LTN02 2-79-65 F05NW 5 C
Crooked Creek LTN02 2-79-50 F05NE4 C
Crow Creek LTNO1 2-21-14 G05SE3 C
Crows Branch LTNO1 2-21-18 G05NE9 C
Cub Branch LTN02 2-79-9-5-1 F07SW7 WS-III;HQW
Cullasaja Branch LTN02 2-69-11-2 F05SW2 C
Cullasaja River LTNO1 2-21-(5.5) G06SW4 B;Tr
Cullasaja River (Mirror Lake, Lake Sequoyah) LTNO1 2-21-(3.5) G06SW5 WS-III;Tr,CA
Cullasaja River (Ravenel Lake) LTNO1 2-21-(0.5) G06SW5 WS-III;Tr
Cullowhee Creek LTN02 2-79-31 G06NW2 C;Tr
Cunningham Creek LTNO1 2-10-1-3 G05SW5 B
Curtis Creek LTN03 2-57-9 G04SE6 C;Tr,ORW
Dalton Branch LTN02 2-178-6-3 F03NW3 C;Tr
Dalton Creek LTNO1 2-29-4-2 F05SE7 C
Page 6 of 26
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: The Cove at Flat Gap Date: 5/25/06
Applicant / Owner: Generations Land Companies County: Jackson
Investigator: Jennifer Robertson State: NC

Do normal circumstances exist on the site? Yes x No
Is the site significantly disturbed (Atypical situation)? Yes X No
CommunitylD:Upland
Is the area a potential problem area? Yes No x Transect ID: Upland
(explain on reverse if needed) Plot ID: Upland
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. loniceraiaaponica H FAC- 9.
2. iu lams nips C FACU 10.
3. rosa multiflora H UPL 11.
4. vitis rotundifolia U FAC 12.
5. liriodendron tulipifera C FAC 13.
6. corpus florida U FACU- 14.
7. toxicodendron radicans H FAC 15.
g, 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 43
Remarks: Just above pond
HYDROLOGY
Recorded Data (Describe In Remarks)
_ Stream, Lake, or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: n/a (in.)
Depth to Saturated Soil: n/a (in.)
Remarks:
Wetland Hydrology Indicators
Primary Indicators:
Inundated
-Saturated in Upper 12"
Water Marks
_ Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Water-Stained Leaves
Local Soil Survey Data
_ FAC-Neutral Test
Other (Explain in Remarks)
SOILS
Map Unit Name
(Series and Phase): Chewacla loam Drainage Class: moderately well
drained
Taxonomy (Subgroup): Fluvaquentic Dystrudepts Confirm Mapped Type? Yes X No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-4 O 7YR4/4
4-5 A 10YR4/4
5-9 A 7.7YR5/8
9-12 A 2.5YR5/8
sandy loam
fine sandy loam
fine sandy loam
sandy clay loam
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed On Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No x Is the Sampling Point
Wetland Hydrology Present? Yes No x Within a Wetland? Yes_ No x
Hydric Soils Present? Yes No x
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: The Cove at Flat Gap Date: 5/25/06
Applicant / Owner: Lee Setzer / Generations Land Companies
Investigator: Jennifer Robertson County: Jackson
State: NC

Do normal circumstances exist on the site? Yes x No Community ID:
Is the site significantly disturbed (Atypical situation)? Yes X No Wetland
Is the area a potential problem area? Yes No x Transect ID:Wetland
(explain on reverse if needed) Plot ID: Wetland
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. platanus occidentalis C FACW- 9. cornus amomum S FACW+
2. impatiens capensis H FACW 10.
3. carex spp H -FACW 11.
4. acer rubrum C -FAC 12.
5. salix nicra S OBL 13.
6. lindera benzoin S FACW 14.
7. alnus serrulata S FACW 15.
8. iuncus effusus H FACW+ 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
Recorded Data (Describe In Remarks):
_ Stream, Lake, or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: <5 (in.)
Depth to Saturated Soil: 4 (in.)
Wetland Hydrology Indicators
Primary Indicators:
_ Inundated
Y Saturated in Upper 12"
Water Marks
X Drift Lines
x Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
_ Water-Stained Leaves
Local Soil Survey Data
_ FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
(Series and Phase): Nikwasi tine sandy loam Drainage Class: poorly drained
Taxonomy (Subgroup): Cumulic Humaquepts Confirm Mapped Type? Yes X No
Profile Description:
Depth Matrix Colors Mottle Col ors Mottle Texture,
Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-8 O 10YR3/2 fine sandy loam
8-12 A 10YR3/1 fine sandy loam
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in
Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed On Local Hydric Soils List
X Reducing Conditions Listed on National Hydric Soils List
r Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
No
Hydric Soils Present?
Yes x No
Yes x No
Yes x No
Is the Sampling Point
Within a Wetland? Yes x
Remarks:
SOIL SURVEY OF JACKSON COUNTY, NORTH CAROLINA
USDA Natural Resources Web Soil Survey 1.1 5/24/2006
uitiii0i Conservation Service National Cooperative Soil Survey Page 1 of 4
I
Meters Feet
" 0 150 300 600 0 5001,000 2,000 3,000 4,000
SOIL SURVEY OF JACKSON COUNTY, NORTH CAROLINA
FAAP LEGEND MAP INFORMATION
Soil Map Units
o cities Source of Map: Natural Resources Conservation Service
Detailed Counties Web Soil Survey URL: http://websoilsurvey.nres.usda.gov
Detailed States
Interstate Highways Coordinate System: UTM Zone 17
Roads Soil Survey Area: Jackson County, North Carolina
-'-?- Rails Spatial Version of Data: 1
Water Soil Map Compilation Scale: 1:12000
- Hydrography
Oceans
AYAYAYAY Escarpment, bedrock
Escarpment, non-bedrock
Gulley
uuuumuu Levee
.......... Slope
L9 Blowout
R Borrow Pit
k: Clay Spot
? Depression, closed
Eroded Spot
h Gravel Pit
Gravelly Spot
Gulley
A Lava Flow
e Landfill Map comprised of aerial images photographed on these dates:
1 Marsh or Swamp 1993
O Miscellaneous Water
Rock Outcrop
+ Saline Spot
Sandy Spot
Slide or Slip
0 Sinkhole
9 Sodic Spot
Spoil Area The orthophoto or other base map on which the soil lines were compiled and
digitized probably differs from the background imagery displayed on these maps.
o Stony Spot As a result. some minor shiftina of maD unit boundaries may be evident.
O Perennial Water
USD,? Natural Resources Y Wet Spot Wcb Soil Survey 1.1 5/2412006
-j cuu enatiuu Service National Cooperative Soil Survey Page 2 of 4
Soil Survey of Jackson County, North Carolina The Cove at Flat Gap
Map Unit Legend Summary
Jackson County, North Carolina
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
BkB2 Braddock clay loam, 2 to 8 percent 7.3 0.4
slopes, eroded
BkC2 Braddock clay loam, 8 to 15 percent 8.4 0.5
slopes, eroded
BkD2 Braddock clay loam, 15 to 30 percent 11.7 0.6
slopes, eroded
CaF Cashiers gravelly fine sandy loam, 50 146.6 7.9
to 95 percent slopes
CpF Cleveland-Chestnut-Rock outcrop 5.4 0.3
complex, windswept, 50 to 95 percent
slopes
CrD Cowee-Evard-Urban land complex, 15 6.2 0.3
to 30 percent slopes
CuC Cullasaja-Tuckasegee complex, 8 to 15 53.4 2.9
percent slopes, stony
CuD Cullasaja-Tuckasegee complex, 15 to 169.2 9.1
30 percent slopes, stony
CuE Cullasaja-Tuckasegee complex, 30 to 74.5 4.0
50 percent slopes, stony
CuF Cullasaja-Tuckasegee complex, 50 to 9.6 0.5
90 percent slopes, stony
CwA Cullowhee fine sandy loam, 0 to 2 26.0 1.4
percent slopes, occasionally flooded
DsB Dillsboro loam, 2 to 8 percent slopes 6.6 0.4
DsC Dillsboro loam, 8 to 15 percent slopes 0.5 0.0
EvC Evard-Cowee complex, 8 to 15 percent 4.9 0.3
slopes
EvD Evard-Cowee complex, 15 to 30 144.5 7.8
percent slopes
EvE Evard-Cowee complex, 30 to 50 250.9 13.5
percent slopes
EvF Evard-Cowee complex, 50 to 95 262.4 14.2
percent slopes
FaD Fannin fine sandy loam, 15 to 30 40.3 2.2
percent slopes
FaE Fannin fine sandy loam, 30 to 50 156.4 8.4
percent slopes
FaF Fannin fine sandy loam, 50 to 95 122.9 6.6
percent slopes
USDA :Natural Resources Web Soil Survey 1.1 5/24/2006
"_-'.a Conservation Service National Cooperative Soil Survey Page 3 of 4
' Soil Survey of Jackson County, North Carolina The Cove at Flat Gap
Jackson County, North Carolina
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
NkA Nikwasi fine sandy loam, 0 to 2 34.3 1.9
percent slopes, frequently flooded
SaC Saunook gravelly loam, 8 to 15 percent 31.9 1.7
slopes
SaD Saunook gravelly loam, 15 to 30 4.5 0.2
percent slopes
SbD Saunook gravelly loam, 15 to 30 38.9 2.1
percent slopes, stony
SvB Statler loam, 1 to 5 percent slopes, 5.8 0.3
rarely flooded
TrE Trimont gravelly loam, 30 to 50 72.7 3.9
percent slopes, stony
TrF Trimont gravelly loam, 50 to 95 141.5 7.6
percent slopes, stony
UfB Udorthents-Urban land complex, 0 to 5 2.7 0.1
percent slopes, rarely flooded
WtB Whiteside-Tuckasegee complex, 2 to 8 13.8 0.7
percent slopes
USDA Natural Resources Web Soil Survey 1.1 5/24/2006
? Conservation service National Cooperative Soil Survey Page 4 of 4