20021419 Ver 1_COMPLETE FILE_20020905

F ? ATF Michael F. Easley, Governor
(? n7 William G. Ross Jr., Secretary
\O? QG North Carolina Department of Environment and Natural Resources
co ?. Alan W. Klimek, P.E. Director
Division of Water Quality
o ?
Roberta Raass
2040 Imperial Circle
Naples, FL, 34110
And
Holly Miller
1262 Leonard Road
Highlands, NC, 28741
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Raass and Ms. Miller:
October 23, 2002
DWQ# 02-1419
Macon County
You have our approval, in accordance with the attached conditions, to place fill in 0.15 acre of wetlands and 25 linear feet of streams
in order to construct the Cottages at Lakeside residential subdivision in Macon County, as described in your application received by the
Division of Water Quality on September 5, 2002. After reviewing your application, we have determined that this.fill is covered by General
Water Quality Certification Numbers 3362 and 3374, which can be downloaded from our web site at http:Hh2o.enr.state.nc.us/ncwetlands
This Certification allows you to use Nationwide Permit Numbers 39 and 12 when 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 (such as 30-foot buffer requirements). 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
fills for this project (now or in the future) exceed one acre, 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. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers 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. A sample deed
notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands;
2. All stormwater shall be directed to flow in a diffuse manner at non-erosive velocities through grass swales or retention basins with no
direct discharge to surface waters;
3. Utility lines shall be located on uplands or roadways and outside of wetlands to the maximum extent practical;
4. 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 1506 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 call Mike Parker in our Asheville Regional Office at 828-251-6208 or Cyndi Karoly in the Central Office in Raleigh at
919-733-9721.
P
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NCV27699-1617 [phone]
Customer Service
1 800 623-7748
AW K/cbk
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWO Regional Office
Central Files
File Copy
Pamela M. Boaze, P.O. Box 241, Whittier, NC, 28789
021419
MEMORANDUM
TO: John Dorney Regional Contact: Michael R. Parker
Non-Discharge Branch WO Supervisor: Fsarrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Cottages at Lakeside County Macon
Project Number 02 1419 County2
Recvd From APP Region Asheville
Received Date 9/5/02 Recvd By Region
Project Type provide driveway access
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ° - -
Type Type Impact Score Index Prim. Supp. Basin Req. IF
F7T
WT-0 N 2-21-3-1 wsIII F _40,401. 0.15 25.00 25.00 ?-
F39
Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y * N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y D N Recommendation: Q Issue * ISSue/fond O Deny
Provided by Region: Latitude (ddmmss) 350256 Longitude (ddmmss) 831139
Comments:
cc: Regional Office
Central Office Page Number 1
Office Use Only: 214 I q Form Version October 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
°9 Q
1. Check all of the approval(s) requested for this pr e LA SEP - 5 2002 $
P
® Section 404 Permit 1i
? Section 10 Permit Vy VIFT1 sags v: '
?:j < r3GU
® 401 Water Quality Certification -- - ; ' EC' 1
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWT 39 and NWP 12
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Roberta Raass & Holly Miller
Mailing Address: 2040 Imperial Circle 1262 Leonard Road
Naples, FL 34110 Highlands, NC 28741
M) 239-293-1281
Telephone Number: 239-566-8919 Fax Number: 239-596-4982
E-mail Address:
2. Agent 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: Pamela M. Boaze
Company Affiliation: Fish and Wildlife Associates, Inc.
Mailing Address: PO Box 241
Whittier, NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
E-mail Address: fwandnet.net
Page 1 of 7
III. Project Information
1. Name of project: Cottages at Lakeside
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Parcel #0537214
4. Location
County: Macon Nearest Town: Highlands
Subdivision name (include phase/lot number): Cottages at Lakeside
Directions to site (include road numbers, landmarks, etc.): Take Hwy. 64 east into
Highlands, o through town and continue straight on Horse Cove Road after Hwy. 64 turns
left; Turn right on Leonard Road, cross Smallwood Ave. and Harris Lake will be on your
right; where Leonard Road curves to the left and becomes Wilson Road is the entrance to the
proposed subdivision.
5. Site coordinates, if available (UTM or Lat/Long): 035° 02' 55.9" N, 083° 11' 39.2" W
(Stream crossing coordinates).
6. Describe the existing land use or condition of the site at the time of this application:
Undeveloped land.
7. Property size (acres): 2.96 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Satulah Branch/Harris Lake
9. River Basin: Little Tennessee River Basin
10. Describe the purpose of the proposed work: Provide driveway access and utilities (water
and sewer) to 5 house sites on 2.96 acres.
11. List the type of equipment to be used to construct the project: Backhoes, bulldozers,
and heavy equipment for dirt moving.
12. Describe the land use in the vicinity of this project: Residential and commercial uses.
IV. Prior Project History
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated as this will be full buildout of the property.
Page 2 of 7
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.
1. Wetland Impacts
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***
W1 Fill 0.047 No 0'-60' Forested wetland
W2 Fill 0.020 No 60' Forested Wetland
W3 Fill 0.068 No 10' Forested Wetland
W4 Fill 0.009 No 75' Forested Wetland
W5 Fill 0.003 No 30' Forested Wetland
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 1.1 acres
Total area of wetland impact proposed: 0.147 acres
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact (please specify)

S1 Culvert 25' Satulah Branch 5.0' Perennial
Cumulative impacts (linear distance in feet) to all streams on site: 25'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
N/A
4. Pond Creation N/A
Page 3 of 7
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.
This site had site constraints that included Right of Ways for an access road, building ordinances,
and financial viabilit of f the project. The property does not include ownership of an access
ROW from any local roads. Historically, there were proposed access roads for the property, but
most of these ROWs reverted to private ownership. Only the access ROW from Wilson
Road/Leonard Road, which currently belongs to the city of Highland, was available for use.
Adjacent property owners were contacted for right of way or purchases of different access
corridors to the property and all expressed no interest in selling or providing a different ROW.
The access road had to conform to subdivision standards for the Town of Highlands, which
required an 18' road (to handle emergency equipmentan approved turnaround at the end of the
street, and no sharp angle turns in the road. These requirements all had an impact on the
avoidance and minimization of the existing wetlands and stream buffer.
One access road will be shared with four homes with the fifth house served by a driveway off of
Wilson Road (Lot 5). The shortest distance was drafted after taking into consideration the
setback requirements around the lake and stream (30'). The access road was designed to avoid
most of the wetlands and stream buffers on the site. The access road was located as far from the
streams and wetlands as possible, based on the buildable area of each lot. The roadway c
not be moved closer to the lake at the entrance from Leonard Road without creating a sharp turn
that was not acceptable to the Town of Highlands Subdivision regulations. An elevated roadway
was evaluated but was too expensive for practical considerations. The majority of the Wl
wetland was left intact and contiguous on the south side of the access road. Lot No. 5 was
designed with a smaller building footprint and put as close to building set back lines as possible.
Water and sewer utilities will be installed at the same stream and wetland crossings as the road.
No streams were relocated for this plan.
This property was designed for only 5 residential house sites, a reduction from the 11 sites that
Highlands zoning had aapproved for this project site. Several layouts were proposed for the five
tracts on the property. The proposed layout has the least impact on streams and wetlands.
Wetland areas proposed for fill were solitary areas, or edges of contiguous wetlands. No house
site will be located in the main body of the wetland area. Three of the five building sites were
placed where no wetland or stream impact would occur. The other two sites were located where
there would be minimal wetlands filled. The Building sites were also constrained by building
setbacks from property lines and from the roadway, which are requirements of the subdivision
and zoning regulations. A thirty foot buffer for streams and wetlands was maintained along the
majority of the property. The exception is the area along the access road where unavoidable
impacts will be incurred.
Page 4 of 7
Due to the high cost of land and development in Highlands, 5 tracts need to be developed to
make this project financially feasible.
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 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.
Vegetated buffers will be maintained along all streams and a 30' setback from the wetlands will
be required.
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 [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 ?
Page 5 of 7
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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 2B .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
XI. Stormwater (DWQ Only)
Describe impervious acreage (both 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.
This development is a low-density residential development. Impervious acreage will be 0.376
acres versus a total acreage of 2.96 acres (9.4%). Drainage will be into grass swales, wetlands
and stream buffers. No engineered BMPS will be necessary.
XII. Sewage Disposal (DWQ Only)
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.
Municipal sewerage through the existing sewer line on the property.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 6 of 7
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).
,- "I eel
Agent's Signature
,9 -0a,
Date
Page 7 of 7
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Name: HIGHLANDS Location: 035° 02'55.9" N 083° 11' 392" W
Date: 7!2412002 Caption: Cottages at Lakeside
Scale: 1 inch equals 1428 feet
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Jute 19, 2002
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Wttdlatc .Uwciat.es, lac., will art, ms oul u*cul it 'AOrning DO permitting raquirementm for
the Raaax PropertylSubdivisinn, Parcel #053721419vatO at Leonard Stted, Highlands,
NUcoa County, N.C.
K.obertu Knass
Holly Miller
June 14, 2002
I, Roberta Raass, and I, Holly Miller, agree that Pamela. Rai. 6oaze, President of Fish and
Wildlife Associates, Inc., will,, Let as our agent concerning all permitting requirements for
the Raass Property/Subdivisio Y, Parcel #0537214 located at Leonard Street, Highlands,
Macon County, N.C.
Roberta Raass
r
olly Miller
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DATA FORM
ROUTINE WETLAND DETERMINATION.
(1987 COE Wetlands Delineation Manual)
'5; le- i
Project/Site: (Kara--Ss -f i-F? vr'Ll &.-d s
Applicant/Owner: Z Date: 6 -3-d ?-
County: ins.A.,,v
Investigator. t?a? vr\ 3oax State: A le- 11
Do Normal Circumstances exist on the site? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes (:N:?) Transect 10:
Is the area a potential Problem Area? Yes Plot ID:
(if needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1- ?: rLU S S^Fro bt is T t=AC (IL 9.
2. 6--1e-",L- C-K6 byeu m T Ekc- tt 10.
3-_ Qu LC,us Olult, q_ _7 _ E Gt l 11.

4•_
_ 12?o
?c,c?e?.?y8v? S
1°f}G?' _
12.
S. I
I? d e roc r So nti?O?e4t S S' ?!?(-°h/ 13.
6. Sa ?wloaou3 t{ EA-01 14.
7.- (1-')Srnii jo- n&W owleg ji t is. _
a. e0.-oc lc t 4--- }- - ON 16.
Percent of Dominant Species that are OBL. FACW or FAC /? ? e10
11
(excluding FAC-1. le- &V Remarks:` t Px 5 7 e?t,? Ox_ s ma-a "8L' -ej`2V-

HYDROLOGY
_ Recorded Data (Describe In Remarks):
_ Stream. Lake. or Tida Gauge
_ Aerial Photographs
_ Other
_ No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
DC Saturated in Upper 12 Inches
_ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: '- (in.) _ Oxidized Root Channels in Upper 12 inches
Water-Stained Leaves
Depth to Free Water in Pit: 10 6n.) _
-Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: Q (in.) _
_ Other (Explain in Remarks)
Remarks:
WTI, 1995 - 196 -
DATA FORM -Z__
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 1i:L_d_s 5rope ?r 1y`??4Msf?8 Date: 6 3 -d Z
Applicant/Owner: Ro 1.0- County:
Investigator: State: ,vim
LDoNormal Circumstances exist on the site? No Community 10:
ite significantly disturbed (Atypical Situation)? Yes No Transect ID:
rea a potential Problem Area? Yes Plot ID:
eeded, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. J e "_s a cc?us 6 w_
2 ( [e ? ?5?` ?A?•rJ 1 641
3. Sae 1 _ ob(
4.
S.
6.
7.
8.
Percent of Dominant Species that ars 08L. FACW or FAC
(excluding FAC-).
Remarks:
lee ?%
HYDROLOGY
_ Recorded Data (Describe In Remarks):
-Stream. Lake, of Tide Gauge
_ Aerial Photographs
_ Other
_ No Recorded Data Available Wetland Hydrology Indicators:
Primary Indicators:
_ Inundated
g Saturated in Upper 12 Inches
_ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: 5: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: ._, fn.) _ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: /0 fin.) _
_ Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: y fin.) _
_ Other (Explain in Remarks)
Remarks:
Dominant Plant Species r Stratum Indicator
9.
10.
11.
12.
13.
14.
15.
16.
WTI, 1995 - 196-
DATA FORM S.1r?3
ROUTINE WETLAND DETERMINATION.
11987 COE Wetlands Delineation Manual)
Project/Site: Pala--s' 1?-r"vt,e, ? - 9, ? Date: g - 3-o L
Applicant/Owner: (?o6ev(-Q (;a4sS County: Investigator: :i& . -3c.z- =- State: A ?
Do Normal Circumstances exist on the site? ? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes
® Transact ID:
Is the area a potential Problem Area? Yes Plot ID:
(if needed, explain on reverse.)
VEG ETATIO N
Dominant Plant Species Stratum Indicator

erA S c1t b cam.
3. _1! i ? C? S S FAACCI '
4._ Ka ?w?tu L:? olta s FA£ Id

6. C9a tea ?c 4 j
7. (,eQ V _
7+ u r
8.
Dominant Plant Species r Stratum Indicator
9.
10.
11.
12.
13.
14.
is.
16.
Percent of Dominant Species that are OBL. FACW at FAC
(excluding FAC-). 7
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
_ Stream. Lake, or Tida Gauge
_ Aerial Photographs
_ Other
No Recorded Data Available Wedand Hydrology Indicators:
Primary Indicators:
_ Inundated
01' Saturated in Upper 12 Inches
_ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches

D
h
F
7 12 _ Water-Stained Leaves
ept
to
ree Water in Pit:
fin.) _ Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: - (n.) _
_ Other (Explain in Remarks)
Remarks:
WTI, 1995 - 196 -

Date:
Triage Check List
Project Name:
DWQ#: 0Z - 1`i t9
County: _JA ?
To:
ARO
MikfPa;ker?'
_
FRO
? MRO
? RRO Ken Averitte
Mike Parker
Steve Mitchell
From:
? WaRO. Deborah Sawyer
? WiRO Joanne Steenhuis
? WSRO Jennifer Frye
Telephone : [phone]
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
Minimization/avoidance issues on USFW topo maps
? Buffer Rules (Meuse, Tar-Pamlico, Catawba,
? Randleman
Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and drawings for accuracy d viable?
s the application consistent with pre=application meetings?
? Cumulative impact concern
Comments: