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HomeMy WebLinkAbout20021340 Ver 1_COMPLETE FILE_20020822 REVISIONS SRT032 MANHOLE NO. DATE DESCRIPT. I li 0 I S17E I ~ I I~~ I ~ SWANGER RD. t I II 2-36" EXIST. CMF XIST. CMP'S / # / I I I SPOT PLANT LEVCOTHOE RACEMOSA,CLETHRA, - _ ~i ITEA VIRGINIA, FLAME AZELIA, AND RHODODENDRON _ I ALONG CREEK BANKS THE AREA BETWEEN THE. WESTERN BOUNDARY LINE AND THE EASTERN EDGE OF PAVEMENT OF NEW HAW . / /04PtsspN, CREEK ROAD IS A COMMON RIGHT OF WAY AREA. THE NCRTH CAROLINA D.O.T HAS NO RECORED RIGHT OF GR~ PROPOSED B ULDER WALL AND FILTER FABRIC VICINITY MAP WAY ALONG NEW HAW CREEK ROAD. P63 SPLANT WITH NCA MINOR (GROUND COVER) N.M ~P ~C.,NCINEE: v I ''.N,FM g•Nrw». III JP I ' F r I I i ~ 0 i ~w W E~ Z W I I PARCEL PIN 9655 N # 9659-08-98-9136 U a CD ~ w Q I i PROPOSED BOULDERS WITH FILTER i FILTER FABRIC EW AROUND PIPE ; PLANT WITH VINCI ITH VINCA MINOR H -------------------------2 - VALLEY---TER a APPLEWO E WOOD DRIVE ~ o D Q OD M Iv U) W m F-1 0 W s - - - - - o r t J ~I Ail 1.4 i EXISTING BOULDERS NOTES: 2 i L i W PLANT WITH ZETA VIRGINIA AND CLETHRA 1.) ALL SURVEY DATA TAKEN FROM: 0. Jill f PLATBOOK 84, PAGE 79 O j SURVEY PROVIDED BY. DANNY R. TOLAR, PLS. O w I 2.) A MINIMUM OF 50 PLANTS TO BE USED FOR THIS PROJECT EXISTING DAM HAS BASED UPON A MINIMUM PLANTING OF 400 PLANTS PER ACRE. a Q / BEEN REMOVED I~ I i i SHRUBS PLANT LIST j SYMBOL QUANTITY SIZE SCIENTIFIC NAME COMMON NAME I CLETHRA - SWEET PEPPERBUSH Middlesboro, ? I 'REMOVE SMALL STONES RHODODENDRON CALENDULACEUM FLAME AZALEA Kentucky 606.248.6600 AND REPLACE W/ DOG HOBBLE LEVCOTHOE RACEMOSA DOG HOBBLE Greeneville, ? Tennessee (44 j RHODODENDRON MAXIMUM RHODODENDRON 423.639.0271 ALONG CREEK BANKS _APOCYNACEAE. DOGBANE LITTLELEAF PERIWINCKLE/ VNCA MINOR Asheville, T ¦ North Carolina - 6, TEA VRGINICA VIRGINIA WILLOW 8282532796 j l; ~i - Cov>*i9L+LAM 0 1999 R'ghta Reseh rv dA Melton j r , DRAWN: JCM j CHECKED: RS JOB NO: 30220-02 SCALE: 1"=20' DATE: 8/15/02 O SHEET TITLE: GRAPHIC SCALE '0 20 w ea PROPOSED h1MGATION PLAN FOR RAW CREEK u) I II (SCALE: 1"=20') SHEET 'SHEET NO: O 1 OF j 1 1 Cu IL E Aft Michael f . tasley, uovernor O? W A TFR William G. Ross Jr., Secretary Ot QG North Carolina Department of Environment and Natural Resources 7 Alan W. Klimek, P.E. Director Division of Water Quality Mr. Mitch Duckett and Mr. Terry Powell Duckett Powell Thompson Real Estate Development P.O. Box 9278 Asheville, NC, 28815 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Messrs. Duckett and Powell: October 3, 2002 DWQ# 02-1340 Buncombe County You have our approval, in accordance with the attached conditions, to place fill in 50 linear feet of Haw Creek, and to remove a dam, culvert and rip-rap from 178 linear feet of Haw Creek in order to construct a road crossing at the Applewood Development in Buncombe County, as described in your application received by the Division of Water Quality on August 22, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3375, which can be viewed on our web site at htta://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland and/or stream fills for this project (now or in the future) including future phases of this subdivision exceed one acre or 150 linear feet of perennial streams, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The culvert must be designed, constructed and placed to allow aquatic life passage; 2. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands . 3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. If you do not accept any of the conditions of this certification, 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, Mail Service Center 6714, 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 Mike Parker in DWQ's Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. _ P N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-16V\j (919) 733-7015 . Mk Customer Service 1 800 623-7748 AW K/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office Asheville DWQ Regional Office Central Files File Copy Reece Schuler, 1318-F Patton Ave., Asheville, NC, 28806 021340 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Applewood Development Project Number 02 1340 Recvd From APP County Buncombe County2 Region Asheville Received Date 8/22/02 Recvd By Region 9/25/2002 Project Type Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet ME Type Type Impact Score Index Prim. Supp. Basin Req. Req. Stream O Y O -N F-F6--7822 FT _F__ 40,302. F- 228.00 228.00 0.00 I-- F- O Y O N F- F- F-F--- F-- F-- F--- I- F_ Mitigation Wetland MitigationType Type Acres Feet F_ I F_ Is Wetland Rating Sheet Attached? Q Y # N Did you request more info? Q Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N Is Mitigation required? Q Y Q N Recommendation: Q Issue # Issue/COnd O Deny Provided by Region: Latitude (ddmmss) 35 37'4.69"N Longitude (ddmmss) 82 30'3.81"W Comments: Nationwide 14 - This represents an "after the fact" application. Regional office received complaint that stream hardening had occurred. Investigation revealed 2 culverts and riprap along 228 feet of perennial stream. Applicant had violated a 404 permit which allowed a 50ft culvert. Applicant was advised to obtain revised 404 and to submit application for 401. Also advised to remove a tem on rary unpermitted culvert and man-made instream dam. Both were removed prior to application submittals, Applicant has agreed to remove maiorely of ri p and replace with wetland npadan vegetation as well as establish permanent conservation easement along stream, cc: Regional Office Central Office Page Number 1 Facility Name Applewood Development County Buncombe Project Number 02 1340 Regional Contact: Date: Michael R. Parker 10/2/2002 Comments (continued from page 1): cc: Regional Office Central Office Page Number 2 f"// Triage Check List Date: 1. G,2COZ Project Name: 4,6_?1 .1 " ,,,_r.A DWQ#: 02 - 13 40 County: goy,-* ,bee To: AROke Parker ? WaRO Deborah Sawyer ? FRO Ken Averitte ? WiRO Joanne Steenhuis ? MRO Mike Parker ? WSRO Jennifer Frye ? RRO Steve Mitchell From: , _Bob Telephone : (919) CJA lbov n! 433-51+1(0 W1 eouel?kbWS The file attached is being forwarded to your 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: N ,k- 44\?a_ - l C-A / y 1. 0 Vaughn & Melton Consulting Engineers 1318-F Patton Avenue Asheville, NC 28806 Tel.: (828) 253-2796 Fax: (828) 253-4864 E-mail: asheville@vaughnmelton.com www.vaughnmelton.com August 21, 2002 Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 RE: 401 Certification Violation Applewood Development Buncombe County To Whom it May Concern: Please find attached the necessary documents to address the June 24, 2002 notice of violation for 401 certification sent by Mr. Forrest R. Westall, Water Quality Regional Supervisor. We have included seven copies of the 401 Water Quality Certification application, with the $475 permit fee. Also included are seven copies of the mitigation plan. The plan was developed at the direction of Ms. Lauire Moorhead to Mr. Mitch Duckett during the field visit on June 19, 2002. Please feel free to contact me if you have additional questions or concerns. Sincerely, VAUGHN & MELTON CONSULTING ENGINEERS Reece M. Schuler, P.E. Project Manager RMS/jrc cc Laurie Moorhead, Division of Water Quality Asheville, NC • Cornelius, NC • Ceredo, WV • Greeneville, TN • Knoxville, TN • Lexington, KY • Middlesboro, KY qtr F Office Use Only: USACE Action ID No. (If any particular item is not appl II. DWQ No. to this project, please enter Version May 2002 " or Processing r 6 ?? x AUG 2 2 2?2 1. Check all of the approval(s) requested for this project: Section 404 Permit Riparian or Watershed$$ -- Fj Section 10 Permit F] Isolated Wetland Permit from 1)'WQ 0 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required', check here: E 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: El 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: R Applicant Information 1. Owner/Applicant Information Name: Mr. Dur kdt I Hv'- ?err,. Poi Mailing Address: Duc ke 4t Awe 11 Tho,e h v Plea P. O. Sox 112-7s . Asheville . VC, 18815 Telephone Number:(%28) 2q-1- 4674) Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Re-ece_ SC kV1t, Company Affiliation: to6gk ^ £ Me 1 I vr1 GKC e,4fC,1s Mailing Address: 1316' Y 1:aV0V% AV ASI?P,,; I le , Nc ?880? Telephone Number: (418) 453- 27 6 Fax Number: 82 2 - 6 E-mail Address: reA-4cwlei© yav?ti?wtt ( v?.??yvt Page 5 of 5 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:ADDIewWot af- Haw Greek 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): qb 5 R - Og - R $ - 913(, 4. Location County: 3 vyncowi b e Nearest Town: As he y ;I l e Subdivision name (include phase/lot number): Apple wooo( %? Nu w ceee k Directions to site (include road numbers, landmarks, etc.): .2yo 1- US 70 eahy w N w Creek 0 1o?^ 0KAqJF 320' paSk Ewa McpvaJ_ 5. Site coordinates, if available (UTM or Lat/Long): Al 6q % 24Io E q54 gO0 (Note - If project is linear, such as a road or utility line, ch a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): If. o 7-Ac. 7. Nearest body of water (stream/river/sound/ocean/lake): }{a,,,, Gr" k 8. River Basin: rre v ck B rmol (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: kocj Foy sy for t ? ??S?o v1. wci ?e e /srwrer has lee h Page 6 of 6 10. Describe the overall project in detail, including the type of equipment to be used: - i k s -'s a to (o? s uhd i v,s,'V^ w; tk. - !?-A A'c- fmrn?ovt Aseea /Pa.,k, 11. Explain the purpose of the proposed work: To Mi h.,tl e' r a "CleA??,?c o ? J-Gte kw,-- Crec k C vtvtt( 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. r,3 U ?nLV ? AYVI / IOL WAS Is vCCX ? CiZitfer-i c pr 50' off' Hotw r?-e k 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. 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. Page 7 of 7 Provide a written description of the proposed impacts: 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: - 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name* * Average Width of Stream Before Impact Perennial or Intermittent? (please specify) I Culver- 104.5 Haw Creek 3' A-e?tvtrt,G I 2 k. 'A 123.5 Nc w Gre e k 3' DaW'L Nuw Crtt k 3 * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: ZZS _ l ov)? ?Ico Page 8 of 8 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Name of Waterbod (if applicable) y Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) List each impact separately and identity temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. 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): F-] uplands n stream F] 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.): 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. 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. Page 9 of 9 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP 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/newetlands/stm-igide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. SGG a%AtKeU41'5. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three 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): Page 10 of 10 IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes [-] No 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 (919) 733-5083 o review current thresholds for environmental documentation. Yes 1:1 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 0 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes No If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 2 1.5 Total c.uuc i cxienus oui -IV ree[ perpenuicwar rrom near oanK of enannei; Gone z extenas an additional 20 feet from the edge of Zone 1. Page I 1 of I I If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing Discuss stormwater controls proposed in downstream from the property. (/X(571°4!; AtVAi)e,.-v--oc,5 o.32 Ac and proposed) versus total acreage on the site. order to protect surface waters and wetlands f s%ze r 3.80/ Ac. Q 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. xe 5v ct'v,sioo 's se?ve tb e wbli'- Sewer (050 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes K No El Is this an after-the-fact permit application? Yes V?r No XIV. 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 - Applicant/Agent's Signaiure Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ATTACHMENT VIII Mitigation: To mitigate for the existing violations on Haw Creek in Asheville, North Carolina. at the Applewood Development, we propose the following: 1.) All rip rap will be removed from the creek with the exception of the existing boulders at the outlets of the 96" and 36" pipes. Boulders will be used with filter fabric at the inlet end of the 96" pipe and at the outlet end of the existing dual 36" pipes at the north property line. We will plant common Periwinkle (Vinca Minor) around all proposed boulders. Virginia Willow (Itea Virginica) and sweet pepperbush (Clethra) will be planted in and along the boulders to remain at the culvert outlets. 2) Where the rip rap is removed, the stream bank will be spot planted with Sweet Pepperbush (Clethra), Virginia Willow (Itea Virginica), Flame Azalea (Rhododendron Calendulaceum), Rhododendron (Rododendron Maximum) and Dog Hobble (Levcothoe Racemosa). 3) The dam in Haw Creek has been removed. 4) The proposed greenway easement for the City of Asheville will contain language mandating that the homeowners of Applewood Development shall not remove planted vegetation but, will have the right to remove and control invasive exotic species. 30220-02 MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WQ Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Applewood Development Project Number 02 1340 Recvd From APP Received Date 8/22/02 Recvd By Region 9/25/2002 Project Type County Buncombe County2 Region Asheville Cl? ?b Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index -- Prim, Supp. Basin Req. Req. am Stream O Y O N F 6-78-22 ?r 40,302. 228.00 228.00 0.00 PY ON I F Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y OQ N Did you request more info? 0 Y OQ N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue OO Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 35 3714.6911N Longitude (ddmmss) 82 3013.81"W Comments: Nationwide 14 - This represents an "after the fact" application. Regional office received complaint that stream hardening had occurred. Investigation revealed 2 culverts and rips along 228 feet of perennial stream. Applicant had violated a4_04 permit which allowed a 50ft culvert. Applicant was advised to obtain revised 404 and to submit application for 401. Also advised to remove a tem op rare unp _rmitted culvert and man-made instream dam_ Both were removed prior to application submittals. Applicant has agreed to remwe mad ' of rmpr p and replace with wetland riparian Vegetation as well as establish permanent conservation easement along stream. cc: Regional Office Central Office Page Number 1