20191305 Ver 1_Highlands_TroutWaiver_Final_02.5.20_20200205

February 4, 2020
Mr. Stan Aiken
NCDEQ Division of Energy, Mineral, and Land Resources
2090 U.S. 70 Highway
Swannanoa, NC 28778
RE: Highlands Retail Development Site Project
Trout Waiver Application
Mr. Aiken
Enclosed find the referenced project permit application with the following attachments:
1) Trout Waiver Supplemental Information Form
2) Trout Waiver Narrative
3) Agent Authorization Form
4) Location Map
5) Site Plan Set
6) Photosheets
As noted in the attached narrative –The purpose of the project is to develop a retail site on the
Subject Property while minimizing impacts to streams and wetlands.
If you have any questions or concerns do not hesitate to call.
If you have any questions regarding this report, feel free to contact me at [e-mail] /
423.727.4476 or Michelle Campbell at [e-mail] / 256.536.2884.
Sincerely,
Adam Williams, PWS & Michelle Campbell
Brushy Fork Environmental Consulting, Inc. ARC Environmental, Inc.
5902 Highway 421 South PO Box 190
Mountain City, TN 37683 Brownsboro, AL 35741
[e-mail] [e-mail]
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Trout Buffer Waiver
Supplemental Information
The following information should be completed and submitted with respect to the site
requiring the buffer waiver.
Project Name: Highlands Retail Development Project
Owner’s Name: Mr. Glenn Murer – Cashier’s Rd., LLC
Address: 35.087006, -83.174499; Junction of U.S. Highway 64 and Cherrywood
Drive, Highlands, NC, Macon County, 28741
Consultant’s Name: ARC Environmental, Inc. (Ms. Michelle Campbell) [e-mail]
Address: P.O. Box 190, Brownsboro, AL 35741
Stream Name: UT to Big Creek Water Class: WS-II;Tr,HQW
County:
Project Purpose: Commercial Retail Development
Total Acres of Land-Disturbing Activity: ~1.31 (ac)
Total Acres Disturbed within buffer zone: ~0.13 (ac)
Total Length of Stream on Tract: ~415 (ft)
Buffer Impacts:
Buffer Width Reduction: 0 (ft)
Vegetation Trimming: 0 (ft)
Channel Piping: 131 (ft)
Channel Relocation: 0 (ft)
Total Length of Buffer Impact: ~131 (ft) The permanent impact to buffers will be planted
riparian vegetation.
TROUT WAIVER APPLICATION NARRATIVE
Highlands Retail Development Project
Project Description: (see Site Plan)
The project site is located approximately 3 miles northeast of Highlands, NC at junction of
U.S. Highway 64 and Cherrywood Drive 28741, (35.087006°, -83.174499°).
The proposed retail development includes a 9,100 square foot building, equipped with a
paved parking area and driveway. Proposed total permanent site disturbance is
approximately 0.83 acres, including impervious cover (0.72 acres) and septic area (0.11
acres). Two unnamed tributaries of Big Creek, a designated trout stream, are present on
the parcel. The tributaries are referred to as UT1 and UT2 and total 415 linear feet. One
(1) stream crossing and two (2) new 48” RCP culverts (12 LF and 75 LF) will be installed
within the northwest and southeast portion of the unnamed tributaries of Big Creek (UT1
and UT2).
Several different locations for stream crossings were evaluated by Broadway Civil Designs
of NC, PLLC (BCD); however, the location in the current stream crossing was selected to
avoid disturbance of existing septic systems within the southwest portion of the Subject
Property and to reduce potential of traffic conflicts. The southwest portion of the site has
been evaluated by BCD as the only suitable area for septic installation. This stream
crossing was chosen to space intersections at a distance so that inherent roadway
complexity would be limited, and safe driving conditions would prevail. NCDOT has
permitted the proposed driveway location on Cherrywood Dr.
The purpose of the stream crossings and culverts is to provide access from Cherrywood
Dr. to the retail site at two (2) locations along the reach: one in the northwest portion of
the Subject Property, and the second in the southeast. The unnamed tributary is classified
as a WS-II, Tr, HQW waterbody. The goal of this project is to develop a retail site on the
Subject Property while minimizing impacts to Waters of the United States and
degradation of the surrounding wildlife habitat in which they support.
Alternate building and parking lot designs were evaluated and the one presented in the
site plan offered the most compact site footprint with least impact. Multiple erosion
control and stormwater BMPs are proposed to reduce stream and wetland impacts.
During construction, temporary silt fences will be installed around the perimeter of
the construction area. Inlet protections will then be installed on all proposed storm
inlets. The total area of land disturbance for the project is approximately 1.31 acres total
(0.83 acres permanent disturbance). The total stream length disturbed is approximately
131 linear feet of the existing stream channel. Approximately, 0.13 acres and 131 linear
feet will be impacted within the trout buffer. The disturbed area upstream and
downstream of the proposed driveway crossing will be stabilized with erosion controls
(seeding and soil stabilization matting) following construction. Existing vegetation,
including established trees and shrubs, will be preserved where possible. Following
construction all disturbed areas will be planted with permanent vegetation.
Construction Schedule:
Construction will begin April 16, 2020 (after April 15) after receiving permit approval. No
construction activities will commence during the trout moratorium (October 15 – April
15).
Project phasing:
1.Have Utiliquest mark underground utilities;
2.Install culverts and complete any sloping required at the upstream and
downstream extents of the two (2) culverts;
3.Install erosion control features (coconut matting, tempor ary/permanent seeding);
4.Permanent planting.
Construction is estimated to begin on April 16, 2020 and take approximately 3 months to
complete.
Erosion and Sedimentation Control: (see Site Plan Set Details)
Disturbance in trout buffer will be kept to a minimum duration and shall only take place
in conjunction with the culvert, stream crossing, and associated grading. Work will be
conducted in the dry utilizing a pump around system referenced in the Intermediate
Phase ESPC Plan (Sheet 6) and detailed on Sheet 16 of the site plans.
When grading and stabilization operations have ceased work will not resume in these
disturbed areas for 5 working days or 7 calendar days, whichever is shorter. These
disturbed trout buffer areas will be immediately seeded with a temporary seed mix
consisting of annual rye grain and millet. Silt fence, compost sock check dams in indicated
channels, as well as coconut coir rolled erosion control product matting will be installed
to stabilize the stream buffer within the same day (Sheets 5-8). Following the completion
of restoration activities, the banks of the restored channel will be seeded with permanent
seed (Ernst Conservation Mix). A broadcast seeding rate of 20 lbs/acre will be used for
application of both temporary and permanent seed in disturbed areas. Matting staples
will be used to secure the ESPC matting in high stress areas. If a qualifying rain event is
expected, temporary stabilization shall be achieved prior to the rain event. Existing
woody vegetation outside of the limits of work will be preserved, and not to be damaged
in any manner, to minimize project impacts. A planting schedule was included with a list
of five (5) shrub species (four (4) of which were identified as species currently existing
onsite by ARC Environmental). These species will be planted within disturbed areas of the
trout buffer at a density advised by NCDENR Guidelines for Riparian Buffer Restoration,
except for the area within the site distance triangle noted on Sheet 10 of the site plans.
The site distance triangle will not be planted with shrubs in avoidance of traffic safety
concerns, and will be
mowed to maintain a vegetative cover under 3 vertical ft. Disturbed areas within the
trout buffer will be vegetated to 100% cover and at least 85% density across the site.
Precautions will be taken to keep heavy equipment out of the stream channel except
where necessary to install stream crossings and culverts. Straw wattles will be used at the
periphery of all ingress/egress locations and staging area to entrap particulates from
disturbed ground and rock materials.
To control the increased discharges due to higher expected runoff rates resultant of
impervious surfaces constructed (7% of site to 39.3%), the on-site stormwater will be
detained in an underground detention chamber system (Cultec R-150XLHD Isolator Row
System) embedded in a gravel bed detailed on Sheet 13 of the site plans. Five (5) grate
inlets within the proposed parking lot are proposed to convey stormwater from
impervious surfaces onsite to the underground detention chamber system located east of
the proposed structure, near the proposed stream crossing on Cherrywood Dr. In order to
treat the first inch of stormwater runoff generated from the development, the
underground detention system will include a separator row system which will remove 80%
of the total suspended solids (TSS) from the stormwater runoff. The separator is wrapped
in filter fabric, and the system is designed so that stormwater entering the chambers must
flow through the separator row first, before flowing downward and filtering through a
gravel bed. Outflow will be controlled using a 6 inch by 6 inch orifice and an 8 inch by 12
inch weir in the outlet control box located near the northeast end of the proposed parking
lot. These orifices will force outflow to back up and be stored in the chambers to ensure a
higher water quality of discharge. Discharge from the outlet control box will be directed
northeast where it will be discharged on the surface, and flow to the wetland areas
adjacent to the unnamed tributary to Big Creek. The proposed underground detention
system will not discharge directly into any Water of the United States. The outflow will
discharge onto a rip-rap apron outside of the buffer area, and drainage will then flow
through the undisturbed buffer area into Wetland 2, before being naturally filtered and
finally entering the stream. Discharge into wetlands onsite will not produce a further
impact than otherwise mentioned in the associated permit. Wetlands act as natural filters
of sediment, excess nutrients, and chemicals present in runoff waters by slowing down
flow to filter through the soil profile and/or be acquired by existing microorganisms and
vegetation inherent in the ecosystem.
Mitigation of runoff temperature will be done by the underground detention system
explained above. The University of New Hampshire conducted a four-year (4) study (of
runoff temperature data for eight (8) different stormwater BMPs in relation to
established environmental indicators entitled Examination of Thermal Impacts From
Stormwater Best Management Practices. The study mentioned above can be found at the
following URL.
https://www.unh.edu/unhsc/sites/unh.edu.unhsc/files/progress_reports/UNHSC%20EPAĚ
_Thermal_Study_Final_Report_1-28-11.pdf
The type of underground detention system selected by BCD was found (in the study) to
be the most effective stormwater BMP as it buffers variation in temperature to produce
outflows consistent with the average groundwater temperature (47˚(.
Project Implementation Notes:
1)No land/stream disturbing activity shall take place within the trout buffer zone
during the trout spawning period of October 15 -April 15.
2)Work in the trout buffer zone shall be done in a timely manner, so that duration of
disturbance is minimized. Construction sequence and erosion and sediment
control BMPs utilized are detailed on Sheets 5-8.
3)All work shall be completed by the end of each day. Work shall be scheduled so
that at the end of each day bare ground is not exposed and all disturbed areas
including banks shall have adequate temporary or permanent ground cover.
4)Staging area(s) and material stockpiles for this project will be located out of the 25
ft buffer zone when available.
5)All materials shall be on hand before any work is started. All materials must be
stored in an orderly manner away from vehicular traffic, near the construction
entrance, and away from waterways or storm drains in appropriate containers
and/or enclosures.
6)All boulders, debris, excess construction material, and material generated from
demolition of existing structures and facilities, or trash are to be removed from
the site at the contractor’s expense.
7)The contractor shall repair any damage to the existing street that is c reated during
construction activities.
8)Whenever possible stream flow shall be diverted around the work area and
equipment shall be operated from the top of the bank.
9)Streamflow exceeding 5 cfs will make pump-around unfeasible. Flow diversion will
be utilized in the form of rocks placed to divert direct flow away from each
structure area. Precautions will be taken to keep heavy equipment out of the
stream channel except where necessary to install bank stabilization/enhancement
measures.
10)Coconut coir rolled erosion control product matting shall be installed according to
the construction detail shown in the Erosion and Sediment Control Planning and
Design Manual.
11)Care will be taken so that the cross-sectional area of the stream is not reduced.
12)This approval does not absolve the permittee from compliance with the surface
water quality turbidity standard. More protective erosion and sedimentation
control measures may be required in order to comply with this water quality
standard.

Cashier’s Road, LLC
Property Owner’s Address (if different than property above):
Proposed Location
Copyright (C) 2008, MyTopo
083.1900000° W
083.1900000° W
083.1800000° W
083.1800000° W
083.1700000° W
083.1700000° W
083.1600000° W
083.1600000° W
083.1500000° W
083.1500000° W35.1100000° N35.1100000° N35.1000000° N35.1000000° N35.0900000° N35.0900000° N35.0800000° N35.0800000° N35.0700000° N35.0700000° NSCALE 1:24000
0 1MILE
0 1000 YARDS
0 1 KILOMETER
Declination
MN 5.55° W
MN
Location: 035.0876498° N 083.1715373° WName: HIGHLANDS
Date: 06/28/19
Scale: 1 inch = 2,000 ft.
Copyright (C) 2008, MyTopo
Datum: NAD27
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]Commercial Real Estate Development
216 Westside Square • Huntsville, AL 35801
Phone: [phone] • Fax: [phone]
The Group
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
Broadway Civil Designs of NC, PLLC216 Westside Square • Huntsville, AL 35801Phone: [phone] • Fax: [phone]
PHOTOSHEETSPHOTOSHEETSRETAIL DEVELOPMENT SITEHIGHLANDS, NCPHOTOS TAKEN 6/25/2019
UT1UT1
Two views of UT1 facing downstream (northwest) from road crossing.
View southeast as UT1 emerges from culvert underView south across UT1 through heavy brush Hwyemerges from culvert under Cashiers Rd (Hwy 64).through heavy brush. Hwy 64 visible in background.
A dense canopy of vegetation is present everywhereA dense canopy of vegetation is present everywhere except the uppermost reaches of UT1.
Stick and rock caddisflycases UT1 is up to 3 ft deep in areas. 4 ft ywere observed on pieces of wood and rocks in UT1.ppsoil augur is shown for comparison with blue line marking water level.
18” culvert feeds into UT1 near downstream extent of property. Although a small pool was present at culvertproperty. Although a small pool was present at culvert outlet flow was stagnant.
UT2UT2
View downstream (northeast) from upperportion of UT2.()ppp
View downstream along UT2 showing sandy bottom and defined bed and banks.
W1UT2At its downstream extent UT 2 is bordered by peripheralAt its downstream extent UT 2 is bordered by peripheral wetlands on stream left.
Two views to northeast of culvert at downstream end of UT2 Culvert isTwo views to northeast of culvert at downstream end of UT2. Culvert is rusted out and water is flowing under/around as well as through culvert.
CENTRAL PHOTOSCENTRAL PHOTOSPHOTOS TAKEN FROM CENTER OF PROPERTYPHOTOS TAKEN FROM CENTER OF PROPERTY
Photo at center of property facing northwest.
Photo at center of property facing northeast.
Photo at center of property facing east toward Cashiers Rd.
Photo at center of property facing southeast toward Cashiers RdPhoto at center of property facing southeast toward Cashiers Rd.
Photo at center of property facing southwest cornerPhoto at center of property facing southwest corner.
Photo at westerncentral portion of property facingPhoto at western-central portion of property facing Northwest.
Old asphalt in central portion of property. Hydrophytict tib d tl i thi d t i ivegetation grows abundantly in this area due to imperviousand/or compacted surfaces collecting stormwater runoff.
Photo in western wooded area of subject property facing northwestPhoto in western wooded area of subject property facing northwest.
Photo in western wooded area facing southwestPhoto in western wooded area facing southwest.