HomeMy WebLinkAbout20200860 Ver 1_PCN Modification NWP29&27_20200731Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version*
20200860
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Kaylie Yankura:eads\kyankura
Select Reviewing Office:* Asheville Regional Office - (828) 296-4500
Does this project require a request for payment to be sent?*
r
Yes
r
No
Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:* r New Project r New Project Existing ID
r Pre -Application Submittal r More Information Response
r Other Agency Comments r Stream or Buffer Appeal
r For the Record Only (Courtesy
Copy)
Is this supplemental information that needs to be sent to the Corps?*
r Yes r No
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Tyson Kurtz- ClearWater Environmental Consultants, Inc.
who is subrritting the inforrration?
Email Address: tyson@cwenv.com
Project Information
Existing ID #: Existing Version:
20200860 1
20170001(no dashes) 1
Project Name: Little Savannah Road Tract
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Jackson
Please upload all files that need to be submited.
aick the upload button or drag and drop files here to attach document
PCN Little Savannah Road Tract NWP29&27
10.8MB
Modification 7.31.2020.pdf
Only pdf or krm files are accepted.
Describe the attachments
or comments:
Section 404/401 application and partial NOV response.
Sign and Submit
P By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
• I intend to electronically sign and submit the online form."
Signature: t;5�,40�
Submittal Date: Is filled in automatically.
CiLearWaLer
C1earWater Environmental Consultants, Inc.
www.cwenv.com
July 31, 2020
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 288 01-263 8
Kaylie Yankura
NCDEQ — Division of Water Resources
Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C. 28711
RE: Little Savannah Road Tract (Action ID: 2019-01320) (+/- 21 AC)
Nationwide Permit 29 Modification
Jackson County, North Carolina
Dear Mr. Brown and Ms. Yankura,
Please reference the "General Permit (Regional and Nationwide) Verification" dated September 6, 2019
issued by the US Army Corps of Engineers (USACE) in response to the permit application submitted by
ClearWater Environmental Consultants, Ins. (CEC), on behalf of ZP NO. 342, LLC represented by
Jeffrey Zimmer.
Please also reference the modification request that was submitted to the USACE and Division of Water
Resources (DWR) on June 30, 2020 in which the applicant sought approval for temporary impact to 13
linear feet of stream and a temporary impact to 0.003 acres of wetland associated with installation of a
sewer line.
This new permit modification request replaces and updates the June 30"' submittal and is being submitted
in response to the Notice of Violation (NOV) issued by DWR July 9, 2020. This request provides a
solution to Violation 11 of the NOV in which Condition 11. 11 of the applicant's Water Quality
Certification (WQC) 4132 and 4134 was violated by improper installation of a culvert on an unnamed
tributary to Long Branch (SI). The applicant is seeking authorization for stream remediation activities
under a NWP 27 (in addition to the issued NWP29) to address the perched culvert. The remediation
activities would involve 66 linear feet of permanent stream impacts. Approximately 0.01 acres of
temporary wetland impacts associated with construction access will be avoided by the use of timber mats.
The proposed remediation activities involve excavation of a new channel, installation of two sections of
constructed riffles, and creation of a large plunge pool by installing a boulder step across the stream
channel (See Appendix B). Re -setting the perched culvert to comply with Condition 11. 11 of the issued
WQCs is not a practical option because the buildings constructed on top of the retaining wall over the
culvert are nearly finished.
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
The proposed remediation plan would dissipate energy coming out of the culvert (set on a 6.1 % slope)
over the 66 feet of redesigned stream channel. Per DWR WQC General Conditional 11, culvert burial is
not required when topographic constraints result in a culvert being set on a slope over 5%.
In summary, 66 linear feet of additional stream remediation impacts are proposed to address Violation II
of the NOV issued by DWR. An updated PCN is included to document all proposed impacts on site
including the 13 linear feet of impacts to the stream and 0.003 acres of temporary wetland impacts
requested in the permit modification submitted on June 30, 2020 by CEC. If authorized, all the work in
W1 and SI will be conducted as soon as possible to limit the numbers of days of disturbance to the
wetland and stream complex. These activities, in conjunction with the activities noted in the NOV
response submitted on July 22, 2020 by CEC, would resolve the NOV and complete impacts to
jurisdictional waters on site. Total proposed impacts for this project include 0.003 acres of temporary
wetland impacts, 13 linear feet of stream impacts, and 215 linear feet of permanent stream impacts.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
Tyson Kurtz
Biologist
R. Clement Riddle, P.
Principal
Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1. Project Name [PCN Form A2a]:
2. Work Type: Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6. Related Action ID Number(s) [PCN Form B5b]:
7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8. Project Location – Tax Parcel ID [PCN Form B1a]:
9. Project Location – County [PCN Form A2b]:
10. Project Location – Nearest Municipality or Town [PCN Form A2c]:
11. Project Information – Nearest Waterbody [PCN Form B2a]:
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Pre-Application Request
Unauthorized Activity
Compliance
Standard Permit
Nationwide Permit #
Regional General Permit #
Jurisdictional Determination Request No Permit Required
Revised 20150602
2019-01320
Little Savannah Road Tract
✔
The active NWP 29 (Action ID 2019-01320, issued 9/6/19) authorized 149 LF of permanent stream impact. This work is complete. The
outstanding request to modify the NWP 29 (submitted 6/30/20) to include temporary impacts to 13 LF of stream and 0.003 acres of
wetland to install a sewer line remains. This application includes a new request to authorize an additional 66 linear feet of stream
impact associated with remediation activities to address Violation II of the Notice of Violation (NOV) issued by DWR 7/9/20. All
impacts for this project are summarized in this new permit modification request.
ZP NO. 342, LLC; Attn: Jeffrey Zimmer
ClearWater Environmental Consultants Inc.
The project is located at 4640 Little Savannah Road (approximate address), Cullowhee, NC 28723;
35.304820, -83.191540
7549-92-9237 & 7549-92-5129
Jackson
Cullowhee
UT Long Branch
Little Tennessee/06010203
✔
✔
G�r)pFer-,,
Depadment of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 29402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landownerhnanaging partner of the property identified below, hereby authorize
ClearWater Environmental Consultants, Inc. (CEQ to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1999. CEC Is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: Va J. L1'('_
Property Owner Address: Al �i� �° if AC&V7_
y%L&Tvnl 0 x ZOf D1.
Phone Number: VA? ��.,, —
Email address: Lr'XLft-0 0 C.04 _
Property Location: ,_ 7y*f - ' 3 i ALVA
Owner/Managing partner Signature: _
OwnerVanaging printed name: J�'`�►Lt'S.-
Date:
32 Clayton Street
Asheville, NC 29901
Phone: 82"98-9800
tiVsr W.c►venv.com
Deed /Parcel Information
Page 1 of 6
o�
Jun - 20 2019
Type: WARRANTY DEED
Recorded: 6/21/2019 8:23:00 AM
Fee Amt $5,226.00 Page 1 of 6
Revenue Tax: $5,200.00
Jackson County, NC
Joe Hamilton Register of Deeds
BK 2241 PG 168 —173
T
RAW— �
lun - 20 2019 BH
NORTH CAROLINA SPECIAL WARRANTY DEED
EXCISE TAX: $5,200.00
PARCEL IDENTIFIER NOS.: 7549-92-9237, 75549-92-5129, and 7559-03-1042
Mail/Box to: Grantee
This instrument was prepared by: Ellis & Winters LLP (CTTI. P.O. Box 33550. Raleigh., NC_27636 Law Firm
Brief description for the Index: Tract 1 Tract 11, Tract A. Tract B_
GRANTOR:
LANDING AT WESTERN II, LLC
a North Carolina limited liability company
148 River Street, Ste. 205
Greenville, SC 29601
GRANTEE:
ZP NO.342, LLC
a North Carolina Iimited liability company
i 1 I Princess Street
Wilmington, NC 28401
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple,
all that certain lot or parcel of land situated in Jackson County, North Carolina and more particularly
described on Exhibit A, attached hereto and incorporated herein by reference.
The property hereinabove described was acquired by Grantor by instruments recorded in Book 2228,
Page 1461, Book 2228, Page 1441, and Book 2228, Page 1453, all in the Jackson County Registry.
The property herein conveyed does not include the primary residence of Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to Grantee in fee simple.
And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming
by, under or through Grantor, other than the exceptions listed on Exhibit B. attached hereto and
incorporated herein by reference.
[Signature page and exhibits follow.]
submitted electronically by "Lynch & Eatman, ALP"
in compliance with worth Carolina statutes governing recordable documents
and the terms of the submitter agreement with the ]ackson County Register of Deeds.
4820-2816-5530, v. 2
Book:2241 Page: 168 Seq: 1
Page 2 of 6
IN WITNESS WHEREOF. Grantor has executed this deed as of the date first above written.
LANDING AT WESTERN II, LLC,
a North Carolina limitid liability company
By:
Name:
Title:
County, South Carolina
I certify that the following person personally appeared before me this day and acknowledged to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Craig Stipes, as Manager of Landing at Western 11, LLC.
Date: _ TU—YU 1 K , 2019
My Commission Expires: .
--!� Lzr-/7-3
[Affix Notary Stamp or Seal]
4820-2816-5530, v. 2
si-a 0 f'?
Notary Public.)
Print Name: SitrGi,.0 �"�. T �,ed+
Book:2241 Page: 168 Seq:2
Page 3 of 6
EXHIBIT A
(to North Carolina Special Warranty Deed)
Legal Descriptions
Real property lying and being in Jackson County, North Carolina, described as follows:
TRACT I:
BEING THE IDENTICAL PROPERTY AS SET FORTH AND CONVEYED FROM ROGER M.
CLARK AND WIFE, LYNDA H. CLARK TO RONALD RAY CLARK AND WIFE, JUDY M.
CLARK, BY DEED DATED DECEMBER 20, 2000 WHICH WAS RECORDED IN BOOK 1109,
PAGE 142, JACKSON COUNTY PUBLIC REGISTRY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN SET AT THE SOUTHEASTERN CORNER OF GRANTORS 0.70
ACRE LOT 43 AND GRANTORS 1.01 ACRE LOT #2 AND RUNS THENCE WITH THE LINE OF
LOT #2, S. 10-06-32 E. 84.45 FEET TO AN IRON PIN SET; THENCE S. 43-58-19 E. 11.23 FEET TO
AN IRON PIN .SET AT CORNER COMMON TO RONALD R. CLARK (DEED REFERENCE
776/095) AND RUNS THENCE WITH RONALD R. CLARK, N. 02-51-41 E. 244.86 FEET TO A
POINT IN THE CENTER LINE OF LONG BRANCH; THENCE UP AND WITH THE BRANCH, S.
49-48-29 W. 18.62 FEET TO A POINT; THENCE S. 84-57-42 W. 25.63 FEET TO A POINT, THENCE
LEAVING THE BRANCH WITH THE LINE OF LOT #3, S. 02-01-21 E. 36.76 FEET TO AN IRON
PIN SET, THENCE S. 02-01-21 E. 102.40 FEET TO THE POINT OF BEGINNING, BEING LOT #4,
CONTAINING 0.14 ACRES AS PER SURVEY OF BURNS LAND SURVEYING, DATED MAY 23,
2000, DRAWING NO. J-I39."SUBJECT TO EASEMENTS FOR SEWER TO THE COUNTY OF
JACKSON AS SET FORTH AND RECORDED IN BOOK 457, PAGE 429, AND IN BOOK 612,
PAGE 94, JACKSON COUNTY PUBLIC REGISTRY.
TRACT IL
BEING THE IDENTICAL PROPERTY AS SET FORTH AND CONVEYED FROM RAY CLARK
AND WIFE, VIRGINIA CLARK TO RONALD RAY CLARK AND WIFE, JUDY M. CLARK, BY
DEED DATED MARCH 26, 1991 WHICH WAS RECORDED IN BOOK 776, PAGE 95, JACKSON
COUNTY PUBLIC REGISTRY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
"BEGINNING AT A STAKE 1N BRANCH AND 1N MONTEITH LINE AND CORNER OF COWAN
LOT (550-143) AND RUNS WITH COWAN LOT LINE S. 01-12 W. 135.97 FEET TO A NAIL IN
MARGIN OF STATE ROAD NO: 1325, THENCE WITH MARGIN OF SAID ROAD, S. 67-54 W_
77.50 FEET TO A NAIL IN MARGIN OF ROAD, THENCE LEAVING ROAD, N. 43-10 W. 87.40
FEET TO A SPIKE; THENCE, N. 03-40 E. 232.95 FEET TO A STAKE IN LONG BRANCH, THENCE
WITH LONG BRANCH, N. 78-33 E. 47.50 FEET TO A STAKE AT INTERSECTION OF A SMALL
BRANCH; THENCE WITH BRANCH AND MONTEITH LINE, S. 07-32 E. 36.19 FEET, THENCE, S.
24-04 E. 58.42 FEET, THENCE, S. 39-56 E. 37.41 FEET, THENCE, S. 45-31 E. 30.25 FEET TO THE
POINT OF BEGINNING, CONSISTING OF 0.77 ACRE, MORE OR LESS."
TOGETHER WITH THE PARKING AREA RIGHTS RESERVED IN BOOK 550, PAGE 143,
JACKSON COUNTY PUBLIC REGISTRY_
4920-2816-5530, v. 2
Book:2241 Page: 168 Seq:3
Page 4 of 6
SUBJECT TO THE RIGHT OF WAY FOR STATE ROAD NO: 1367 - LITTLE SAVANNAH ROAD,
TO ITS FULL LEGAL WIDTH.
SUBJECT TO A MUTUAL SEWER EASEMENT FOR THE COUNTY OF JACKSON AS SET
FORTH AND RECORDED IN BOOK 457, PAGE 425 AND IN BOOK 457, PAGE 427, JACKSON
COUNTY PUBLIC REGISTRY.
TRACT A:
BEGINNING AT A POINT IN THE SOUTHERN BOUNDARY OF THE RIGHT OF WAY OF NC
STATE ROAD 1367; THENCE S 860 49' 20" E A DISTANCE OF 204.43' 'FO A 5/8" IRON PIN SET
IN THE RIGHT OF WAY OF STATE ROAD 1367; THENCE WITH A CURVE TURNING TO THE
LEFT WITH AN ARC LENGTH OF 194.44', WITH A RADIUS OF 696.30', WITH A CHORD
BEARING OF N 850 10' 40" E, WITH A CHORD LENGTH OF 193.81', TO A MAG NAIL SET IN
ZUNI DRIVE; THENCE S 50° 52' 59" E A DISTANCE OF 115.74' TO A POINT IN THE CENTER
LINE OF ZUNI DRIVE; THENCE S 550 45' 08" E A DISTANCE OF 103.88 FEET TO A POINT IN
THE CENTER LINE OF ZUNI DRIVE; THENCE S 71° 25' 19" E A DISTANCE OF 48.30 FEET TO A
l" EXISTING PIPE; THENCE S 67° 18' 35" E A DISTANCE OF 17.37 FEET TO A 30" DOUBLE
OAK; THENCE S 580 37' 53" E A DISTANCE OF 62.90 FEET TO A 14" LOCUST STUMP; THENCE
S 450 42' 47" E A DISTANCE OF 64.35' TO A 518 IRON PIN FOUND; THENCE S 30' 04' 05" W A
DISTANCE OF 225.12' TO A 112" IRON PIN FOUND; THENCE S 11' 57' 16" W A DISTANCE OF
414.64' TO A 518" IRON PIN FOUND; THENCE S 2 1 " 06' 43" E A DISTANCE OF 98.0P TO A 112"
IRON PIN FOUND; THENCE S 05' ST 21" E A DISTANCE OF 94.45 FEET TO A 1/2" IRON PIN
FOUND; THENCE S 70° 2115011 E A DISTANCE OF 274.75' TO A 1/2" IRON PIN FOUND; THENCE
S 790 49' 04" E A DISTANCE OF 136.05' TO A 1/2" IRON PIN FOUND; THENCE N 72° 07' IS" E A
DISTANCE OF 164.59' TO A 519" IRON PIN FOUND; THENCE S 62° 40' 29" W A DISTANCE OF
205.65' TO A NORTH CAROLINA GRID MONUMENT "POWER"; THENCE S 62° 44' 32" W A
DISTANCE OF 34.96' TO A 1/2" IRON PIN FOUND; THENCE N 63° 45' 55" W A DISTANCE OF
464,26' TO AN IRON PIN FOUND; THENCE S 71' 2V 19" W A DISTANCE OF 68.91' TO A 5/8"
IRON PIN SET; THENCE S 66° 3623" W A DISTANCE OF 216.77TO A 5/8" IRON PIN SET;
THENCE S 650 02' 58" W A DISTANCE OF 101.40' TO A 518" IRON PIN SET; THENCE N 14° 02'
48" W A DISTANCE OF 35.08' TO AN IRON PIN SET IN THE BASE OF A 8" WHITE OAK;
THENCE; THENCE N 13 49 42 W A DISTANCE OF 209.56 FEET TO AN IRON PIN SET WITH
WHITE OAK WITNESS; THENCE N 19 34 27 W A DISTANCE OF 544.74 FEET TO A 24" WHITE
OAK; THENCE N 16 28 32 E A DISTANCE OF 341.73 FEET TO A CONCRETE MONUMENT
FOUND; THENCE N 00 28 41 E A DISTANCE OF 55.58 FEET TO THE POINT AND PLACE OF
BEGINNING, SAID TRACT SHOWN AS TRACT "A" CONTAINING 14.8134 ACRES, MORE OR
LESS, AS SHOWN ON A SURVEY PREPARED BY DAVENPORT, IVEY &. ASSOC., INC.
TRACT B:
BEGINNING AT AN IRON PIN FOUND IN THE CENTER LINE OF NC STATE ROAD 1367;
THENCE N 890 15' 39" E A DISTANCE OF 55.05 FEET TO A POINT IN THE CENTER LINE OF
STATE ROAD 1367; THENCE S 880 33' 12" E A DISTANCE OF 57.15 FEET TO A POINT IN THE
CENTER LINE OF STATE ROAD 1367; THENCE S 88° 05' 47" E A DISTANCE OF 70.89 FEET TO
A MAG NAIL FOUND IN THE CENTER LINE OF STATE ROAD 1367; THENCE S 03° 10' 36" W A
DISTANCE OF 30.00 FEET TO A 518" IRON PIN SET; THENCE S 86' 49' 27" E A DISTANCE OF
100.62 FEET TO A POINT IN THE RIGHT OF WAY OF STATE ROAD 1367; THENCE S 00 28 41
W A DISTANCE OF 55.58 FEET TO A CONCRETE MONUMENT FOUND; THENCE S 16 28 32 W
A DISTANCE OF 341.73 FEET TO A 24" WHITE OAK; THENCE S 19 34 27 E A DISTANCE OF
544.74 FEET TO AN IRON PIN SET WITH WHITE OAK WITNESS; THENCE S 13 49 42 E A
4820-2816-5530, v. 2
Book:2241 Page: 168 Seq:4
Page 5 of 6
DISTANCE OF 209.56 FEET TO AN IRON PIN SET IN THE BASE OF A 8" WHITE OAK; THENCE
S 14" 02' 48" E A DISTANCE OF 35.08 TO A 5/8" IRON PIN SET; THENCE S 64° 34' 51" W A
DISTANCE OF 397.85' TO A OLD ROTTEN STUMP; THENCE N 590 39' 38" E A DISTANCE OF
22I.73' TO A 1/2" IRON PIN SET; THENCE N 22° I7' 12" W A DISTANCE OF 43.87' TO A 26"
HICKORY; THENCE N 33' 54' 04" W A DISTANCE OF 39.76' TO A 518" IRON PIN SET IN A
STUMP; THENCE N 32148' 02" W A DISTANCE OF 63.29' TO A 17" LOCUST SNAG; THENCE N
200 42' 57" W A DISTANCE OF 165.79' TO A 518" IRON PIN SET IN A STUMP; THENCE N 22° 21'
52" W A DISTANCE OF 159.90' TO A 112" IRON PIN FOUND AT 6" BIRCH; THENCE N 02° 47' 39"
W A DISTANCE OF 160.65' TO A 18" HICKORY; THENCE N 08° 18' 49" W A DISTANCE OF
21I.58' TO A 1/2" IRON PIN FOUND; THENCE N 741 37' 40" W A DISTANCE OF 75.95, TO A
MAG NAIL FOUND IN A PAVED DRIVEWAY; THENCE N 11 ° 14' 35" E A DISTANCE OF.196.45'
TO A MAG NAIL SET IN A PAVED DRIVEWAY; THENCE N 06' 24' 19" W A DISTANCE OF
38.21' TO A POINT IN A PAVED DRIVEWAY; THENCE N 06' 15' 48" W A DISTANCE OF 40.22'
TO A POINT IN A PAVED DRIVEWAY; THENCE N 03' 07' 34" E A DISTANCE OF 40.07' TO A
POINT IN A PAVED DRIVEWAY; THENCE N 08° 36' 01" E A DISTANCE OF l 12.17' TO A MAG
NAIL SET IN THE CENTER LINE OF STATE ROAD 1367, THE POINT AND PLACE OF
BEGINNING, SAID TRACT SHOWN AS TRACT "B" CONTAINING 6.308 ACRES, MORE OR
LESS, AS SHOWN ON A SURVEY PREPARED BY DAVENPORT, IVEY & ASSOC., INC.
4820-2816-5530, v. 2
Book:2241 Page: 168 Seq:5
Page 6 of 6
EXHIBIT B
(to North Carolina Special Warranty Deed)
Exceptions to Title
(i) the lien of ad valorem property taxes on the Property for the calendar year of 2019 and
subsequent years;
(ii) matters of zoning, ordinance and code affecting the Property;
(iii) pending assessments and installments of confirmed assessments not due and payable on or
before the date of this Deed, and
(iv) such matters as would be disclosed by an updated survey of the within -described property.
4820-2816-5530, v. 2
Book:2241 Page: 168 Seq:6
5/30/2019
maps.jacksonnc.org/gomapsags/prc.cfm?Object) D=55420
Printed: 18 JAN 2019 - by 0
Jackson County NC Property Record Card
Page: 1
CARD 1 OF 1
Tax Year
: 2019
Description
Tax Districts
Parcel : 7549-92-5129 SR 1367
-------------- OWNER INFORMATION -------------- --------- PROPERTY FACTORS ----------
f-----------
SALES INFORMATION ------------
ACCT: 182039 LANDING AT WESTERN II LLC
Topography Utilities
Date
Sales Price Uld Sale
Bk/Pg
148 RIVER ST
E ELECTRIC
12/14/18
500,000 VC - Yes
2228/1453
STE 205
GREENVILLE SC 29601
View Streets/Roads
S PVD SECONDARY
j
---------- MISCELLANEOUS INFORMATION ---------- ------- ENTRANCE INFORMATION --------
I -------------
VALUE SUMMARY --------------
Township : CULLOWHEE
Date Type Source Appraiser j
Assessed
Current
Address 4552 LITTLE SAVANNAH RD
12/31/18 09 Estimate NPL
Land
639,890
638,890
Zoning
j 12/21/18 08 Estimate NPL j
Bldg
72,720
71,720
Nbrhood 09005 CULLOWHEE AT WCU
01/32/18 08 Estimate NPL
Tot Appr
710,610
720,618
Map I Rte: 7549.04 1
08/11/14 44 Estimate RSM N
Defer
0
0
Class R1 RESIDENTIAL 1
06/11/14 43 Estimate TRC
Net Taxable
720,610
710,610
Remarks:
No Remarks on file
--- LAND DATA ---
UNIT
----------- V A L
U E S
----------- LAST UPDATED BY NPL
on 01/02/2019
# MTH TYPE
SIZE PRICE %ADJ
APPR
DEFER
TAX LAST COMPUTED BY NPL
on 01/02/2019
1 A 0501 COMM SECONDARY
6.31 101,250
638,890
ii
638,B9$
Total Acres : 6.31
Land Totals
638,890
0
638,890
--- OUTBUILDINGS ---
YEAR EFF YR
BLDG# TYPE MTH DESCRIPTION
REMARKS
WIDTH LENGTH
AREA
GRD BUILT BUILT COND PHYS FUNC ECON
TAX VALUE
CARD 1 OUTBUILDING VALUE
0
Printed: 18 JAN 2019 - by 0
CARD 1 OF 1
Parcel 7549-92-5129 SR 1367
Owner : 182038 LANDING AT WESTERN II LLC
End of Page 1
Jackson County NC Property Record Card
------------- BUILDING DESCRIPTION-------------
VAL METHOD
R
USE CODE
R01 RES DWELLING
STYLE
NBR STORIES
2.0
WALL HEIGHT
8
FOUNDATION
C CONTINUOUS WALL
EXTERIOR WALL
BRICK
YR BUILT / EFF
1955 / 1970
CONDITION
A AVERAGE
GRADE
C
DESIGN FACTOR
ROOF TYPE
GABLE
ROOF COVER
ASPHALT SHINGLE
BSMT AREA / VALUE
1,266 UNFINISHED / 14,910
LOFT/ATTIC
NO ATTIC
INTERIOR FLOOR
HARD/SOFT WOOD / VINYL/LINOLEU
INTERIOR WALL
DRYWALL
Nbrhd: 09005 CULLOWHEE AT WCU
Address: 4552 LITTLE SAVANNAH RD
+------B14--+
B11 B11
I FEP !
! 154 !
--------- A19----+---B14A14--+-----Al2--+
A8
!
!
+---C7+ I
! ! I
A28
! ! BAS I
! 1260 I
Page: 2
SCALE IS 1:147
maps.jacksonnc.orglgomapsags/prc.cfm?Objectl D=55420 1 /2
5/30/2019
ROOMS / BDRMS : / 3
FULL / HALF BATHS : 1 / 0 ADDL FIX: 0
FIREPLACE TYPE/CNT: STANDARD/1
FIREPLACE OPENINGS: 1 CHIMNEY(S): 1
AIR COND ACT
SPRINKLER PCT
HEATING TYPE FA FORCED AIR
HEATING FUEL 0 OIL/WOOD/COAL
OTHER FEATURES
% COMPLETE 100
DESCRIPTION
REMARKS
maps.jacksonne.org/gomapsags/prc.dm?objectlD=55420
C20 A20
!FOP C20 [
!140 1 I
1 I 1
1 ! �
+---C7------- A14--+--D12Al2-+--------A19-----+
D7 D7
! PTO !
1 84 1
+-----D12-+
Heated Sq Ft
----------------- BUILDING
SECTION DETAIL -----------------
LN SEC
TYPE
DESCRIPTION
AREA
VALUE
#ST P% F%
1 A
BAS
BASE AREA
1260
65,579
1.0
2 B
FEP
FIN ENCL PORCH
254
4,296
1.0
3 C
FOP
FIN OPEN PORCH
140
2,673
1.0
4 D
PTO
PATIO
84
168
1.6
TOTAL PARCEL IMAGES: S, 05/11/2014
1,260
------------- BUILDING COMPUTATION -------------
RCN 166780
PHYS DEPR 57
FUNC DEPR
ECON DEPR
% COMPLETE 100
RCNLD 71,720
------------------------
End of Page 2
maps.jacksonne.org/gomapsags/prc.cfm?ObjectlD=55420 212
6/30/2019 maps.jacksonnc.org/gomapsags/prc.cfm?ObjectlD=706041
Printed: 18 JAN 2019 - by 0 Jackson County NC Property Record Card Page: 1
CARD 1 OF 1 Tax Year : 2019
Description Tax Districts
Parcel : 7549-92-9237 SR 1367
-------------- OWNER INFORMATION -------------- j--------- PROPERTY FACTORS ---------- ----------- SALES INFORMATION
------------
ACCT: 182038 LANDING AT WESTERN II LLC Topography Utilities Date Sales Price Vld Sale Bk/Pg
148 RIVER ST 12/14/18 650,000 VC - Yes 2228/1441
STE 205 j View Streets/Roads
GREENVILLE SC 29601 5 PVD SECONDARY '
---------- MISCELLANEOUS INFORMATION ---------- I ------- ENTRANCE INFORMATION -------- I -- VALUE SUMMARY --------------
Township
CULLOWHEE
I Date
Type
Source
Appraiser
Assessed
Current
Address
4616 LITTLE SAVANNAH RD
12/31/18
09
Estimate
NPL
Land
899,710
899,710
Zoning
12/21/18
27
Estimate
NPL
Bldg
0
0
Nbrhood
09005 CULLOWHEE AT WCU
01/31/18
08
Estimate
NPL
Tot Appr
899,710
899,71@
Map I Rte:
7549.04 1
06/28/17
27
Owner
WTS
Defer
0
0
Class :
R1 RESIDENTIAL 1
08/11/14
44
Estimate
RSM
Net Taxable
899,720
899,710
Remarks:
No Remarks on file
--- LAND DATA ---
UNIT
----------- V A L U E S----------- LAST UPDATED BY ; NPL on 01/02/2019
# MTH TYPE
SIZE PRICE XADJ
APPR
DEFER
TAX LAST COMPUTED BY NPL on 01/02/2019
1 A 0501 COMM SECONDARY
14.81 101,250 ER-40
899,710
0
$99,710
Total Acres : 14.B1
Land Totals
$99,710
@
899,710
--- OUTBUILDINGS ---
YEAR EFF YR
BLDG* TYPE MTH ❑ESCRIPTION
REMARKS
WIDTH LENGTH
AREA GRD
BUILT BUILT COND PHYS FUNC ECON TAX VALUE
CARD 1 OUTBUILDING VALUE 0
Printed: 18 JAN 2019 - by 0
CARD 1 OF 1
Parcel 7549-92-9237 SR 1367
Owner 182038 LANDING AT WESTERN II LLC
------------- BUILDING DESCRIPTION-------
VAL METHOD
USE CODE
STYLE
NBR STORIES
WALL HEIGHT
FOUNDATION
EXTERIOR WALL
YR BUILT / EFF
CONDITION
GRADE
DESIGN FACTOR
ROOF TYPE
ROOF COVER
BSMT AREA / VALUE NO BASEMENT
LOFT/ATTIC NO ATTIC
INTERIOR FLOOR
INTERIOR WALL
End of Page 1
Jackson County NC Property Record Card
Nbrhd: 09005 CULLOWHEE AT WCU
Address: 4616 LITTLE SAVANNAH RD
Page: 2
maps.jacksonnc.org/gomapsagslprc.dm?ObjectlD=706041 112
5/30/2019
MaPS.jaGksonnc.org/gomapsags/prc.cfm?ObjectlD=7O6D4i
ROOMS / BDRMS
FULL / HALF BATHS
FIREPLACE TYPE/CNT:
FIREPLACE OPENINGS:
AIR COND PCT
SPRINKLER PCT
HEATING TYPE
HEATING FUEL
OTHER FEATURES
% COMPLETE
DESCRIPTION
REMARKS
0 / 0 ADDL FIX: 0
0 CHIMNEY(S): 0
Heated Sq Ft
----------------- BUILDING SECTION DETAIL -----------------
LN SEC TYPE DESCRIPTION AREA VALUE #ST P% F%
------------- BUILDING COMPUTATION -------------
RCN
PHYS DEPR
FUNC DEPR
ECON DEPR
% COMPLETE
RCNLD
TOTAL PARCEL IMAGES: 0
End of Page 2
maps.jacksonnc.org/gomapsags/prc.dm?ObjectlD=706041 212
1
Supplemental Information to PCN Form.
Section B 3a.
The project site is currently being developed for student housing by Western Carolina
University. Land use in the general vicinity of the project is primarily residential, commercial,
and institutional (Western Carolina University). The active NWP 29 (Action ID 2019-01320,
issued 9/6/19; Appendix A) authorized 149 LF of permanent stream impact. This impact is
complete. The outstanding request to modify the NWP 29 (submitted 6/30/20) to include
temporary impacts to 13 LF of stream and 0.003 acres of wetland to install a sewer line remains.
This application includes a new request to authorize an additional 66 linear feet of stream
impact associated with remediation activities (Appendix B) to address Violation II of the Notice
of Violation (NOV) issued by DWR 7/9/20 (Appendix C). All impacts for this project are
summarized in this new permit modification request.
Section B 3d.
The purpose of the proposed project is to update the outstanding permit modification request
(submitted 6/30/2020) to authorize an additional 66 linear feet of permanent stream impact for
remediation activities to address Violation II of the NOV issued by DWR 7/9/20 (Appendix C).
Section B 3e.
The work associated with the active NWP 29 (Action ID 2019-01320, issued 9/6/19; Appendix A)
is complete. A permit modification was requested 6/30/2020 to authorize temporary impact to
13 LF of stream and 0.003 acres of wetland for installation of a sewer line. Upon completion of
the sewer line installation, the wetland would be backfilled with the original wetland soils to the
original pre-construction grade and planted with NC Mountains FACW Seed Mix from Ernst
Seeds (ERNMX-305). The stream would be dewatered, and a pump-around system would be
used (details on Figure 5a) during the installation to avoid additional downstream impacts.
The modification request was put on hold due to the site receiving a NOV from DWR on
7/9/2020 for incorrect installation of a culvert and unauthorized sediment noted in an unnamed
tributary to Long Branch (Appendix C).
To address the Violation II of the issued NOV, the applicant is requesting a NWP 27 to authorize
66 linear feet of stream impact to an unnamed tributary to Long Branch (S1) for remediation
activities. Remediation activities include excavation of a new channel, installation of two
sections of constructed riffles, and creation of a large plunge pool by installing a boulder step
across the stream channel (Figure 5B and Appendix B). To create the constructed riffle section at
the downstream end of the proposed remediation impact, construction machinery will need
access across a wetland area of approximately 0.01 acres. Crossing the wetland is unavoidable
because the wetland complex occupies both banks of the stream. Timber mats will be used to
cross the wetland area to avoid and minimize disturbance. The wetland area will have any ruts
removed and replanted with a native wetland seed mix (ERNMX-305) immediately following
2
removal of the timber mat. Typical construction equipment would be utilized onsite (backhoes,
dump trucks, etc.) to complete the described activities.
Section B 5b.
A NWP 29 was applied for on July 3, 2019. The USACE permit was issued on September 6, 2019
(Action ID: 2019-01320) and authorized 149 LF of permanent stream impact (Appendix A). This
work is complete. A permit modification (to issued NWP 29) was requested June 30, 2020 to
authorize temporary impact to 13 LF of stream and 0.003 acres of wetland for installation of a
sewer line. The modification request was put on hold due to a NOV issued on the project site.
Section D 1b.
All construction equipment would be operated from high ground with the exception of
construction access for construction of downstream riffle proposed in impact S3. Work is to be
performed in the dry. Pump around / dewatering details are included (Figure 5a and Appendix
B). Upon completion of the sewer line installation, the wetland would be backfilled with the
original wetland soils to the original pre-construction grade and planted with a native wetland
seed mix. Impacts to W1 for construction access for the downstream constructed riffle, as part
of impact S3, are to be avoided by the use of timber mats on wetland areas that occupy the left
and right bank of the UT to Long Branch. When the constructed riffle section is complete, the
timber mats will be removed, and the wetland area will have any ruts removed and replanted
with a native wetland seed mix (ERNMX-305). Appropriate sediment and erosion control
measures would be utilized on-site.
Section F 7b.
CEC reviewed the National Register of Historic Places records maintained by the NC State Historic
Preservation Office (SHPO) and available on SHPO’s HPOWEB GIS Service. The Joyner Building
(Gone, JK0004) is located approximately 1.5 mile from the proposed site. The Western Carolina
University Historic District (JK0585) is included on the “Study List” and is located approximately
0.7 mile from the project site. St. David’s Episcopal Church (JK0343) is also included within this
Historic District/Study List boundary, approximately 0.5 mile from the proposed project site. Two
additional Study List sites, the Davies-Cox House (Gone, JK0018) and the Osborne Buchanan Farm
(JK0147) are located approximately 0.3 mile and 1.4 miles from the project location. It is the
opinion of CEC that project construction will not negatively affect the integrity of these historic
sites.
Page 1 of 10
PCN Form – Version 1.4 January 2009
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
Yes No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Little Savannah Road Tract
Jackson
Cullowhee, NC
N/A
N/A
ZP NO. 342, LLC
BK 2241 PG 168-173
Jeffrey Zimmer
111 Princess Street
Wilmington, NC 28401
910-763-4669
N/A
robertjones@zdc.com
29 & 27
Page 2 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
R. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, NC 28801
828-698-9800
N/A
tyson@cwenv.com
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
7549-92-5129, 7549-92-9237
-83.19154
21
Long Branch
C
Little Tennessee/06010203
See Supplemental Information following PCN Form.
0.2692
See Supplemental Information following PCN Form.
See Supplemental Information following PCN Form.
ClearWater Env. Consultants, Inc
A PJD was issued on September 6, 2019 and is included in Appendix A.
See Supplemental Information following PCN form.
35.30482
1,362
Page 4 of 10
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributaries Buffers Open Waters Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g.Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Excavation Non-Tidal Freshwater Marsh No Corps 0.003
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
0.003
Impact W1 would occur to Wetland 1, which is dominated by herbaceous vegetation.See Figure 5 for wetland impact W1 details.
Fill S1 - UT Long Branch PER Corps 4.5 149
S1 - UT Long Branch 4.5 13
S1 - UT Long Branch 4.5 66
228
Impact S1toStream 1 (UT Long Branch)has already occurred and was authorized under the active NWP 29 (Action ID: 2019-01320).See Figure 5 for
stream impact S2 details. See Figure 5 for stream impact S3 location and Appendix B: Sheet 3 for details.
T
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
P
T
P
-
-
-
Excavation
Remediation (Other)
Choose one
Choose one
Choose one
PER
PER
-
-
-
Corps
Corps
-
-
-
Page 5 of 10
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
5f.Total:
5g. Comments:
5h. Is a dam high hazard permit required? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Choose one Choose
Choose one
Yes/No
-
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If yes, mitigation is required by (check all that apply): DWQ Corps
2c. If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to in-lieu fee program
Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
149 LF of impact S1toStream 1 (UT Long Branch)has already occurred and was authorized under the active NWP 29 (Action ID: 2019-01320).The
additional impacts proposed (S2 and W1) are temporary and occur only within a narrow corridor required for installation of the sewer line. Stream
impact S3 is the minimum amount of length required for remediation activities to resolve the NOV issued by DWR.
See Supplemental Information following PCN Form.
Choose one
Choose one
Choose one
Choose one
Page 7 of 10
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f.Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 10
PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No
5b. Have all of the 401 Unit submittal requirements been met? Yes No
11.8
The Stormwater Management Plan was approved by Jackson County on April 4, 2019. The proof of approval is attached in Appendix D. The
Stormwater Management Plan can be provided by request.
Jackson County
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. If you answered “yes” to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. If you answered “yes” to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments:
Yes No
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes No
2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered “no,” provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
A Notice of Violation (NOV) issued by DWR on July 9, 2020. This permit modification request poses a solution to Violation II of the NOV in which
Condition II. 11 of the applicant’s Water Quality Certification (WQC) 4132 and 4134 was violated by improper installation of a culvert on an unnamed
tributary to Long Branch (S1). The remediation activities proposed in this permit modification request, in conjunction with the completion of the
activities described in the NOV response submitted on July 22, 2020 by ClearWater Environmental Consultants, Inc. would resolve the NOV and
complete impacts to jurisdictional waters on site.
The proposed project is located in a previously developed residential and commercial corridor. The proposed sewer line only connects the permitted
residential development to the existing sewer line infrastructure along the north side of Little Savannah Road. The proposed remediation activities
would help to improve downstream water quality by dissipating energy from the stream coming out of the culvert (installed at a 6.1% grade) over the
66 feet of redesigned stream channel. The proposed project would not result in additional development which could impact nearby downstream water
quality.
The proposed modification to the active NWP 29 is for the installation of a sewer line within the project boundary that would connect to the existing
municipal sewer line along the north side of Little Savannah Road.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes X❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Jackson County. The project is not located near any known
occurrences of hibernacula or maternity sites. It is the opinion of CEC that the project would have "no effect" on the Northern long-eared bat.
6. Essential Fish Habitat (Corps Requirement)
Ba. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes X❑ No
fib. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impacts will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See Supplemental Information following PCN Form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes 0 No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program. FEMA Map Number 3700764900J, effective 4/19/2010 (Figure 6).
R. Clement Riddle
Applicant/Agent's Printed Name
ate
A Icant/Agen s Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
Little Savannah Road Tract (+/- 21 AC)
Ü
0 1,000 2,000500Feet
Legend
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
Site Vicinity Figure 1 Jackson County,North Carolina
Drawn by: KAY 5.28.19; CEC Project# 1044Updated by: BWY 7.1.19
Project Boundary
Cullowhee
Little Savannah Road Tract (+/- 21 AC)
Ü
0 1,000 2,000500Feet
Legend
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
USGS Topographic Map Sylva South Quad Figure 2
Jackson County,North Carolina
Drawn by: KAY 5.28.19; CEC Project# 1044Updated by: BWY 7.1.19
Project Boundary
Long Branch
Little Savannah Road Tract (+/- 21 AC)
Ü
0 250 500125Feet
Legend
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
Aerial Photograph NCCGIA (2015) Figure 3
Jackson County,North Carolina
Drawn by: KAY 5.28.19; CEC Project# 1044Updated by: BWY 7.1.19
Project Boundary
EvE
SaD
EvD
EvC
SaC
BrC
Ud
TrF
BrC
EvE
Little Savannah Road Tract (+/- 21 AC)
Ü
0 250 500125Feet
Legend
Project Boundary
Soil
BrC - Braddock-Urban Land Complex
EvC; EvD; EvE - Evard-Cowee Complex
SaC; SaD - Saunook Gravelly Loam
TrF - Trimont Gravelly Loam
Ud - Udorthents, Loamy
32 Clayton StreetAsheville, North Carolina 28801
USDA Soil Map Figure 4
Jackson County,North Carolina
Drawn by: KAY 5.28.19; CEC Project# 1044Updated by: BWY 7.1.19
Project Boundary
Action ID: 2019-01320FIGURE 5:Proposed ImpactsProposed 66 LF of Stream RemediationImpact (See Appendix B: Sheet 3)Proposed Permanent Stream Remediation Impact66 LF
Little Savannah Road Tract (+/- 21 AC)
Ü
0 250 500125Feet
Legend
100-YR Floodplain
Project Boundary
32 Clayton StreetAsheville, North Carolina 28801
FEMA FloodplainFEMA Map Service CenterMap No. 3700755900JPanel 7559 & 7549Figure 6
Jackson County,North Carolina
Drawn by: BWY 6.28.19; CEC Project# 1044
Project Boundary
100-YR Floodplain
Appendix A:
Active NWP 29 & PJD
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2019-01320 County: Jackson U.S.G.S.'Quad: Syfva South
GENERAL PERNHT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: ZP No. 342, LLC / Attn.: Jeffery Zimmer
Address: 111 Princess Street
Wilmin on, NC 28401
Telephone Number: 910-7634669
Size (acres): 21.12 Nearest Town: Cullowhee
Nearest Waterway: UI's Long Branch Coordinates: 35.30482 N, 83.19154 W
River Basin/HUC: Tuckasegee (06016203)
Location description: The proposed 1project site is located on a tract of land INs 7549-92-9237 and 7549-92-5129 at
4616 and 4552 Little Savannah Road in Cullowbee, Jackson County, North Carolina.
Description of projects area and activity: This permit verification authorizes 149 linear feet of permanent stream
impacts to an unnamed tributary of Long Branch associated_ with a residential development.
NOTE: Per comments from North Carolina Wildlife Resources Commission, the -trout moratorium in regional
condition 1.2 of the attached NWP is amended as follows. No work in streams at this location can be conducted
between_ January 1 and April 15 during the rainbow trout spawning moratorium.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29
SEE ATTACHED RGP or NWT GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted application and attached information dated July 8, 2019. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil.
CESAW-RG-A 2019-01320
Corps Regulatory Official. � ; ate: September 6, 2019
David Brown
Expiration Date of Verification; March 18, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at
h :llcg sma u.usace.ami .miYcm a ex/ 136:4:0
Copy furnished:
C1earWater Environmental Consultants, Inc., Britten Yant, 32 Clayton Street, Asheville, NC 29801
CESAW-RG-A 2019-01320
Determination of Jurisdiction:
A. ® There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the
CIean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for Rather instruction. Please note, if work is authorized by either a general or nationwide permit, and
you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States -and prior to any work that could alter
the hydrology of waters of the United States.
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section l0'of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water
Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may
be relied upon for a period not to exceed five years from the date of this notification.
C. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued . Action ID: SAW -
Basis for Determination:
See attached preliminary jurisdictional determination form.
Remarks:
The potential waters of the U.S., at this site, were verified on -site by the Corps on August 27, 2019, and are as
approximately depicted on the attached Stream and Wetland Delineation Map, Figure 7, submitted by Clearwater
Environmental Consultants, Inc
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find
a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
AM. Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
CESAW-RG-A 2019-01320
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by, N/A Preliminary JD.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory Offci
David Brown
Issue Date of JD: September 6, 2019 Expiration Date of JD: N/A Preliminary JD
Little Savannah Road Tract (+1.. 21 AC)
Jurisdictional wetlands and waters Identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS)
and the subsequent differential' correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal
error.
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although
ClearMlar Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) Is the only agency that can make final 64
decisions regarding Jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification Is r"
obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal r'rr
r reliance on this determination. ip
This map was prepared by CEC using the best information available to CEC at the time of production. This map Is for informational purposes only and should not be used
to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted.
Source Data: Project Boundary and Topo are from Jackson County, NC. Aerial Imagery via NCCGIA 2015.
_ r
1 Xry
Potentially Jurisdictional Water
Wetland (AC)
Stream (LF)
W1
0.018
Sl
930
W2
0.006
S2
104
W3
0.0002
S3
256
W4
0.015
S4
72
W 5
0.074
W 6
0.057
W7
0.099
Total
0.2692
Total
1,362
14
Legend - -.
Project Boundary 1i y
Data Form k ti
_ I
Stream 3 sir �j
N
Linear Wetland
Wetland -' -
f
Culvert �••': "� Y'F - __ - _._ _ _ �_
>9'1•-- -;-_7- r� = 0 125 250 S00
Contours
f .':.. Feet?'.
rl esmr A meter Stream & Wetland
Jackson County, V Va Delineation Map
North Carolina 32 Clayton Street Delineated May 29, 2019
'
Asheville. North Carolina 28801 Figure 7
CESAW-RG-A 2019-01320
Applicant:
N""I'"-AIFJ }N IMF._ J )M] N ISTRATIVE NPI"FAL OPTION -. . - F
ZP No. 342, LLC 1 Attn.: IeKea Zimmer I File Number: SAW-2019-01320 Date: September 6, 2019
Attached
is:
See Section below
❑
RIITLkL PROFFERED PERMIT (Standard Permit or Letter of ermission
A
❑
PROFFERED PERMT Standard Permit or Letter of permission)
B
DENIAL
C
VED JURISDICTIONAL DETERMINATION
VT
D
INARY JURISDICTIONAL DETERMINATION
E
SECTI4I I Tlxe following iclenf�fie"s y uX zxgl is an�� opf eons ieeardui&an adrxiiz as ra ive appeal of ilia above decas ozi:
;A �d1t14i�a1inigrndatto}maybe %fund at]rtlp:flk saw. .ar>iir.nilIf ls`si'olf iviI u3lk-,fle�laio f'to rur}�7 iP nilLs-, p
�.
f
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section lI of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the'district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
E: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section H of this Form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days -of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved. JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
CESAW-RG-A 2019-01320
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary
JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the
Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the
JD.
SECTION JLy RE UEST FOR APPEAL or OBJECTIONS TO AN'I N11TAL FROFFEREU: PERNUT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and- any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the. appellant nor the Corps may add new information or analyses to the record. However, you may
provide additional information to clarify the location of information that is already in the administrative record.
10.
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer
David Brown CESAD-PDO
151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 10M15
828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801
Phone: 404 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, ProfferedPermits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal 0-Meer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
CESAW-RG-A 2019-01320
PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: September 6, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
ZP No. 342, LLC / Attn.: Jeffery Zimmer
III Princess Street
Wilmington, NC 28401
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, 2019-01320, ZP No. 342 Property Little Savannah Road
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The proposed project site is located on a tract of land (PINS 7549 92-9237 and 7549-92-5129) at 4616 and
4552 Little Savannah Road in Cullowhee, Jackson County, North Carolina.
State: NC County/parish/borough: Jackson City: Cullowhee
Center coordinates of site'(lat/long in degree decimal format): 35.30482 N, 83.19154 W
Universal Transverse Mercator: N/A
Name ofnearestwaterbody: UTs Long Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: September 6, 2019
Field Determination. Date(s): August 27, 2019
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Site Number
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
SI
Wetland
Section 404
(UT Long Branch)
35.305815
-$3192566
.
9301f
Nan -wetland Waters
'.:
Section 10/404
S2
Wetland
Section 404
(UT Long Branch)
35.305164
-83.193060
104 If
Non -wetland Waters
}, Section 10/404
S3
35.305274
-83.192712
256 If
Wetland
Section 404
(UT Long Branch)
Non -wetland Waters
Section 10/404
S4
Wetland
Section 404
(UT Long Branch)
35.304302
-83.192570
72 if
Non -wetland Waters
Section 10/404
W 1
35.306113
-83.192351
0.018 ac
Wetland
Section 404
Non -wetland Waters
Section 10/404
Wetland
Section 404
W2
35.305473
-83.192729
0.006 ac
Non -wetland Waters
Section 10/404
Wetland
Section 404
W3
35.305149
-83.192713
0.002 ac
Non -wetland Waters
L3 Section 10/404
CESAW-RG-A 2019-01320
Wetland
Section 404
W4
35.305067
-83. I92897
0.415
_
Non -wetland WatersI
Section 10/404
W5
35.304787
-83.192635
0.074
Wetland
N Section 404
El Non -wetland Waters
[3Section 10/404
Wetland
0 Section 404
W6
35.304525
-83.192680
0.057
Non -wetland Waters
Section 10/404
W7
35.303937
-83.192397
0.099
Wetland
Section 404
Non -wetland Watersl
Section 10/404
I. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization .on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with
all the terms and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant's acceptance of the use of the
PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in anyway by that
activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any
administrative or judicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. 'If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictionaI aquatic resources in the review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA
Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: Clearwater Environmental
Consultants, Inc
0 Data sheets prepared/submitted by or on behalf of preliminary JD requester. ClearWater Environmental Consultants,
Inc.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
CESAW-RG-A 2019-01320
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
M USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Sylva South.
Natural Resources Conservation Service (MRCS) Soil Survey.
Citation.: Jackson County, NC
National wetlands inventory (NWI) map(s). Cite name:
State/Local wetland inventory map(s):
Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map Nos. 3700754000J
and 3700755900j, effective date Apr.19, 2010
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Google Earth Pro, Nov. 2017, Oct 2015, Mar. 2013, May 2009, Jun. 2005,
Apr. 1998, and Apr. 1993
or [] Other (Name & Date):
Previous determination(s). File no, and date of response letter:
] Applicable/supporting scientific literature:
Other information (please specify). The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site and
flow into the channel. Wetland hydrology is enhanced with the abutting stream channels via normal down gradient
flows and periods of high water.
The streams on the property are UTs of Long Branch and all exhibit physical ordinary high water mark (OHWM)
indicators including, break in slope; developed bed and bank; changes in sediment texture and soil character; natural
line impressed on the bank, shelving; absence of vegetation; leaf litter washed away; sediment deposition and sorting;
presence of aquatic life; water staining; presence of debris; and scour.
The UTs Long Branch flow into Long Branch, which flows into Cullowhee Creek, and then flows into the Tuckasegee
River, a traditional navigable water (TNW). The Tuckasegee River flows into the Little Tennessee River (TNW and
section 10 River), then into the Tennessee River which drains into the Ohio River then to the Mississippi River before
entering the Gulf of Mexico.
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
David Brown, September 6, 2019 ZP No. 342, LLC / Attn.: Jeffery Zimmer
Signature and date of Regulatory s t a f f OR
member completing preliminary ClearWater Environmental Consultants, Inc.
JD (per Agent Authorization)
Signature and date of person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
impracticable)
Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record and
return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers- Wthnington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC28801-5006
CESAW-RG-A 2019-01320
PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Array Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: September 6, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
ZP No. 342, LLC / Attn.: Jeffery Zimmer
III Princess Street
Wilmington, NC 28401
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, 2019-01320, ZP No. 342 Property Little Savannah Road
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The proposed project site is located on a tract of land (P1Ns 7549792-9237 and 7549-92-5129) at 4616 and
4552 Little Savannah Road in Cullowhee, Jackson County, North Carolina.
State: NC County/parish/borough: Jackson City: Cullowhee
Center coordinates of site Oat/long in degree decimal format): 35.30482 N, 8319154 W
Universal Transverse Mercator: NIA
Name ofnearest waterbody: UTs Long Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: September 6, 2019
FieldDetermination. Date(s). August 27, 2019
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES 1NREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Site Number
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
S1
Wetland
Section 404
(UT Long Branch)[
35.305815
-83.192566
9301f
Non -wetland Waters]
Section 10/404
S2
Wetland
Section 404
(UT Long Branch)
35.305164
-83.193060
104 If
Non -wetland Waters
Section 10/404
S3
35.305274
-83.192712
256 if
Wetland
Section 404
(UT Long Branch)
Non -wetland Waters
Section 10/404
S4
Wetland
Section 404
(UT Long Branch)
35.304302
-83.192570
72 if
Non -wetland Waters
Section 10/404
W1
35.306113
-83.192351
0.018 ac
Wetland
Section 404
Non -wetland Waters
Section 10/404
Wetland[
Section 404
W2
35.305473
-83.192729
0.006 ac
Non -wetland Waters[
Section 10/404
Wetland
Section 404
W3
35.305149
-83.192713
0.002 ac
Non -wetland Waters
Section 10/404
CESAW-RG-A 2019-01320
t Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
CESAW-RG-A 2019-01320
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
E] USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name: Sylva South.
Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Jackson County, NC
National wetlands inventory (NWI) map(s). Cite name:
rl State/Local wetland inventory map(s):
Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map Nos. 3700754000J
and 3700755900j, effective date Apr. 19, 2010
100-year Floodplain Elevation is: - (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date): Google Earth Pro, Nov. 2017, Oct. 2015, Mar. 2013, May 2009, Jun. 2005,
Apr. 1998, and Apr. 1993
or ❑ Other (Name & Date):
Previous determination(s)_ File no. and date of response letter:
Applicable/supporting scientific literature:
Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site and
flow into the channel. Wetland hydrology is enhanced with the abutting stream channels via normal down gradient
flows and periods of high water.
The streams on the property are UTs of Long Branch and all exhibit physical ordinary high water mark (OHWM)
indicators including, break in slope; developed bed and bank; changes in sediment texture and soil character; natural
line impressed on the bank; shelving; absence of vegetation; leaf litter washed away; sediment deposition and sorting;
presence of aquatic life; water staining; presence of debris; and scour.
The UTs Long Branch flow into Long Branch, which flows into Cullowhee Creek, and then flows into the Tuckasegee
River, a traditional navigable water (TNW). The Tuckasegee River flows into the Little Tennessee River (TNW and
section 10 River), then into the Tennessee River which drains into the Ohio River then to the Mississippi River before
entering the Gulf of Mexico.
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps acid should
not be relied upon for later jurisdictional determinations.
lJ
David Brown, September 6, 2019
Signature and date of Regulatory s t a f f
member completing preliminary
JD
ZP No. 342, LLC / Attu.: Jeffery Zimmer
OR
ClearWater Environmental Consultants, Inc.
(per Agent Authorization)
Signature and date of person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
impracticable)
Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record'and
return a signed copy to the Asheville Regulatory Field Office by mail or e-mail
USArmy Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Appendix B:
Stream Remediation Plan
-
Headwaters Engineering,
Pc.
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1
2
3
4
5
6
PROJECT SITE
LIST OF SHEETS
TITLE
NOTES AND SYMBOLS
PLAN AND PROFILE
TYPICAL SECTIONS
STRUCTURE/SEEDING DETAILS
EROSION CONTROL DETAILS
CONSTRUCTION PLANS
STREAM ENHANCEMENT ON UT TO LONG BRANCH
THE LANDINGS PHASE 2
CULLOWHEE, NORTH CAROLINA
SITE VICINITY MAP
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TITLE
SHEET 1 OF 6
GENERAL CONSTRUCTION NOTES
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1. ALL EQUIPMENT MUST BE CLEANED REGULARLYAND MAINTAINED TO BE FREE OF FUEL, OILAND LUBRICANT LEAKS.
2. WORK SHALL BE STAGED SUCH THAT NO MORE STREAM BANK IS DISTURBED THAN CAN BE STABILIZED AT THE END OF
THAT WORK DAY.
3. PLACE SILT FENCE ON LIVE STREAM SIDE OF ALL TEMPORARY STOCKPILES. REMOVE ACCUMULATED SEDIMENT
BEFORE 50% OF SILT FENCE CAPACITY IS REACHED.
4. A PUMP -AROUND SHALL BE USED TO DIVERT FLOW AROUND WORK AREAS WHEN CHANNEL WORK IS ONGOING.
DISMANTLE PUMP -AROUND IN ADVANCE OF FLOOD EVENTS THAT WOULD EXCEED THE PUMP -AROUND CAPACITY.
5. HARVEST ON -SITE COBBLE FOR IN -STREAM STRUCTURES ONLY AFTER PUMP -AROUND IS IN PLACE.
6. EXCESS EXCAVATED MATERIAL MUST BE DISPOSED IN APPROVED UPLAND AREAS OR OFF -SITE. AN APPROVED
EROSION CONTROL PERMIT MUST BE IN PLACE FOR WASTE SITE.
7. STREAM BANKS MUST BE STABILIZED WITH SEED, MULCH AND MATTING WITHIN 24 HOURS OF REACHING FINAL
GRADES.
8. ALL GRADED AREAS STEEPER THAN 3:1 MUST BE STABILIZED WITH SEED AND MULCH WITHIN 7 DAYS OF REACHING
FINAL GRADES. ALL OTHER AREAS MUST BE STABILIZED WITHIN 14 DAYS OF REACHING FINAL GRADES
9. ALL EQUIPMENT SHALL BE CLEANED PRIOR TO MOBILIZATION AND SHALL BE MAINTAINED TO BE FREE OF LEAKS.
10. FUELING SHALL BE PERFORMED IN A CONTAINED AREAAT LEAST 200 FEET FROM FLOWING WATER.
11. LIVE STAKES AND BIOENGINEERING PRACTICES SHALL BE INSTALLED DURING THE DORMANT SEASON, TYPICALLY
NOVEMBER THROUGH MARCH.
LEGEND
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MAJOR CONTOUR (10')
EXIST. GROUND AT DESIGN CL
SURVEYED STREAM BED 7/21/20
CULVERT / STORM DRAIN
STREAM CENTERLINE
TOP OF BANK
TOE OF BANK
PLANTED BUFFER
BOULDER STEP
CONSTRUCTED RIFFLE
STREAM BED
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NOTES &
SYMBOLS
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305)FIGURE 5B:Proposed StreamRemediation ImpactCulvert installed onS1 under ActionID: 2019-01320
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6.5'
0.7'
2.5 (TYP)
SEED, MATTING, LIVE STAKES 3.0'
TYP. BOTH BANKS
TYPICAL SECTION
4 UT RIFFLE
8.0'
1 1.2'
2.5 (TYP) I \
2.0,
BACKFILL ABANDONED
CHANNEL
SLOPE TO CONFORM TO
ADJACENT GRADE
SEED, MATTING, LIVE STAKES
TYP. BOTH BANKS
BACKFILL ABANDONED
CHANNEL
SLOPE TO CONFORM TO
ADJACENT GRADE
2 TYPICAL SECTION
4 UT POOL
NOTES:
3.0'
17.0'
SEED, MATTING, LIVE STAKES
TYP. BOTH BANKS
2.0'
TYPICAL SECTION
PLUNGE POOLAT CULVERT OUTLET
1. PLUNGE POOL DOWNSTREAM OF CULVERT WILL BE FIELD FIT PER
LEGEND DIRECTION OF ENGINEER.
2. DISTURBED BANKS SHALL BE ROUGHENED PERPENDICULAR TO
SLOPE, COVERED WITH 3" LAYER OF TOPSOIL, SEEDED, MULCHED
EXISTING AND MATTED WITH 780 G/M2 COIR FIBER MATTING.
PROPOSED 3. INSTALL EROSION CONTROL MATTING TO GRADED SLOPES
STEEPER THAN 3:1 IF OUTSIDE OF SEED GERMINATION SEASONS.
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TYPICAL
SECTIONS
SHEET 4 OF 6
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TOE OF BANK (TYP)
N POINT, SEE PROFILE
TOP OF BANK (TYP) �
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SHOWN FOR CLARITY
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MIX CLASS 1 STONE
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18" MIN. AF COMPACTION
SCARIFY SUBGRADE
PRIOR TO STONE PLACEMENT
SECTION A -A'
1 CONSTRUCTED RIFFLE Mm
5 NTS
RIPARIAN SEED MIX -APPLIED TO STREAM BANKS AND BUFFERS
Seeding Rate = 20 lb/acre
Mulching: wheat or oat straw mulch applied at 2 tons/acre
Common Name
Scientific Name
Percentage
Indiangrass
Sorghastrum nutans
20
Big Bluestem
Andropogon gerardi
20
Virginia Wildrye
Elymus virginicus
20
Soft Rush
Juncus effusus
20
Switchgrass
Panicum virgatum
20
ELEV. AT TIE -IN
APPROX. 1' HIGHER
THAN INVERT ELEV.
'HOR 4' INTO BANK
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PLAN NOTES:
1. BOULDERS SHALL BE DURABLE STONE,
BACKFILL EXTENDS 4' MIN. MIN. 2'X3'X3' AND RELATIVELY FLAT.
2. DIMENSIONS AND NUMBER OF
HEADER BOULDER BOULDERS MAY BE ADJUSTED BASED ON
FIELD CONDITIONS.
10" MAX.
FILTER FABRIC
ANCHORED UPSTREAM �� ,/�
OF HEADERS
12" THICK LAYER
4' MIN. CLASS B RIPRAP
SECTION FOOTER BOULDER
3 SEED MIXES
5
2 BOULDER STEP
5 NTS
TEMPORARY SEED MIX
Rate (lb/acre)
Rate (lb/acre) Applied
Application Dates
Common Name
Scientific Name
Applied
w/ Riparian Mix
Separately
August 15 to May 1
Rye Grain
Secale cereale
120
60
May 1 to August 15
Pearl Millet
Pennisetum glaucum
40
20
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DETAILS
SHEET 5 OF 6
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LIVE STAKE NOTES:
MATTING NnTFS
1. FORM PILOT HOLE THROUGH HARD SOIL OR STONE TO 1. MATTING SHALL BE 780 G/M2 COIR AND PLACED
PREVENT DAMAGE TO STAKE. FLUSH WITH BANK SURFACE.
2. LIVE STAKE MIX TO INCLUDE AT LEAST TWO OF THE 2. LAP OVER DOWN STREAM / DOWN SLOPE SEAMS
FOLLOWING SPECIES: SILKY DOGWOOD, SILKY
WILLOW, ELDERBERRY, NINEBARK, BUTTONBUSH.
3. LIVE STAKING SHALL BE DONE DURING THE DORMANT
SEASON.
V MIN.
REMOVE ALL DEBRIS,
SCARIFY SURFACE, PLACE
TOPSOILAND SEED/MULCH
BEFORE PLACING MATTING
IVE STAKES @ 3' IN DIAMOND PATTERN
12" WOOD STAKE PLACED IN
3' O.C. DIAMOND PATTERN
MATTING ANCHORED 1'
BELOW STREAM BED
1 EROSION CONTROL MATTING
g &LIVE STAKES; NTS
PUMP -AROUND INSTALLATION AND MAINTENANCE NOTES:
1. WORKING FROM THE TOP OF BANK, INSTALL SAND BAG COFFER DAMS,
DIVERSION PUMP, AND SUCTION AND DISCHARGE HOSES. RUN THE
DIVERSION PUMP AND INSPECT WORKAREA FOR COFFER DAM LEAKS.
2. INSTALL DEWATERING PUMP AND SILT BAG ONLY IF WATER IS ENTERING THE
WORKAREA.
3. PUMP -AROUND SYSTEM SHALL NOT BE LEFT UNATTENDED FOR ANY LENGTH
OF TIME DURING OPERATIONS.
4. PRIOR TO DAILY DISMANTLING OF THE PUMP -AROUND SYSTEM, STABILIZE THE
STREAM BANKS AND BED WITHIN THE WORKAREA WITH SEED, MULCH,
EROSION CONTROL MATTING AND IN -STREAM STRUCTURES.
5. REMOVE ACCUMULATED SEDIMENT FROM UPSTREAM SIDE OF DOWNSTREAM
COFFER DAM AND ANY LOOSE SOIL FROM WITHIN THE WORK AREA.
6. REMOVE DEWATERING PUMP (IF USED).
7. WHILE DIVERSION PUMP IS RUNNING, REMOVE PORTIONS OF COFFER DAMS
ABOVE THE WATER SURFACE.
8. TURN OFF DIVERSION PUMP AND REMOVE REMAINING PORTIONS OF COFFER
DAMS BY HAND.
9. PUMP -AROUND SHALL BE DISMANTLED AND DISTURBED AREAS PROTECTED
WITH HDPE SHEETING OR EROSION CONTROL MATTING IN ADVANCE OF ANY
RAIN EVENT THAT WOULD CAUSE STREAM FLOW TO EXCEED THE FLOW
CAPACITY OF THE SYSTEM.
COBBLE PAD OR
WOODEN PALLET
OUTLET SHALL BE WELL
VEGETATED OR STABILIZED WITH
CLASS A STONE AS NEEDED TO
PREVENT EROSION
COFFER DAM; SAND BAGS W/
PLASTIC SHEETING
DIVERSION PUMP
SIZED FOR BASE
FLOW + 30%
FLOW
MAX DEPTH -1'
HDPE SHEETING HELD
IN PLACE ON TOP
WITH SAND BAGS
PROFILE
NON -WOVEN SILT BAG
r 10' MIN. FROM STREAM
SILT BAG
DEWATERING PUMP SILT BAG ON STONE PAD,
AS NEEDED [ SEE DETAILABOVE
r
PROTECT EXIST.
BANK VEGETATION
71 � Q FOR ADD'L FILTER
WORKAREA*
TOE OF BANK (TYP)
TOP OF BANK (TYP)
VARIES _ DISCHARGE TO
STABLE STREAM
BED AREA
*NOTE:
WORK AREA SHALL BE STABILIZED BY
THE END OF EACH WORK DAY.
BANK TO BANK
TOP OF BANK
STREAM BOTTOM MAX DEPTH
COFFER DAM
2 PUMP -AROUND SCHEMATIC
g NTS
SECTION
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DATE: JULY 2020
SCALE: AS SHOWN
DETAILS
SHEET 6 OF 6
Appendix C:
Notice of Violation
NCDEQ Division of Water
Resources
July 9, 2020
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
ZP No. 342, LLC
ATTN: Mr. Herbert J. Zimmer, Registered Agent
111 Princess Street
Wilmington, North Carolina 28401
Return Receipt #
7019 1640 0000 1354 4603
ZP No. 342, LLC
ATTN: Mr. Herbert J. Zimmer, Registered Agent
PO Box 2628
Wilmington, North Carolina 28402
Return Receipt #
7019 1640 0000 1354 4597
SUBJECT: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
The Helm
NOV-2020-PC-0311
Stream Standard Violation – Other Waste (In-stream sediment)
401 Water Quality Certification (WQC) Condition Violation
Jackson County
Response deadline: August 9, 2020
0
Dear Mr. Zimmer:
On July 6, 2020 Kaylie Yankura and Tim Fox from the Asheville Regional Office of the
Division of Water Resources (DWR) conducted a site inspection off Little Savannah Road in
Cullowhee for the project known as The Helm (Jackson County Parcel Identification Numbers
7549-92-5129 and 7549-92-9237). The site inspection was in response to reports of turbidity
and sedimentation in Long Branch and sedimentation to Little Savannah Road.
During the site inspection, an unnamed tributary to Long Branch, classified C, was observed to
have been impacted by sediment, gravel, and construction debris deposition from an erosion
DocuSign Envelope ID: FE5714BD-7413-4341-A4DD-6F73E8C6B2B6
The Helm
NOV-2020-PC-0311
Page 2 of 4
control failure on your property. A pump/piping was also observed dewatering a stormwater
inlet to a sediment basin above/adjacent to the impacted unnamed tributary.
In addition, the culvert associated with 149 linear feet of permitted stream impact, was observed
to have been improperly installed. The culvert invert was perched and does not meet the
condition of the permit to allow for low flow passage of water and aquatic life.
As a result of the site inspection and file review, the following violations were identified:
VIOLATIONS
I. Stream Standard Violation - Other Waste (In-stream sediment) 15A NCAC
02B .0211 (12) – An undetermined length of an unnamed tributary to Long Branch,
classified C was impacted by sediment and gravel deposition measured to be at least 7
inches in depth throughout the stream reach, representing Water Quality Stream Standard
violation of 15A NCAC 02B .0211 (12).
II. 401 WQC Condition Violation – The work is covered under Water Quality Certification
numbers 4132 and 4134 (attached). The following condition violations were noted:
Condition II.11 – Placement of culverts and other structures in streams shall be below
the elevation of the streambed by one foot for all culverts with a diameter greater than
48 inches, and 20% of the culvert diameter for culverts having a diameter less than or
equal to 48 inches, to allow low flow passage of water and aquatic life. During the
inspection, the culvert outlet was observed to be perched.
Condition II.5 – All projects shall incorporate Best Management Practices for the
control of sediment and erosion so that no violations of state water quality standards,
statutes, or rules occur.
REQUIRED RESPONSE
Accordingly, you are directed to respond to this letter in writing by August 9, 2020. Your response
should be sent to this office at the footer address or via email to kaylie.yankura@ncdenr.gov and
include the following:
1. The site must be stabilized immediately, and/or proper erosion control measures installed
to prevent ongoing and continuing sedimentation impacts. Please coordinate these efforts
with Steve Beasley with Jackson County Erosion Control and provide an explanation for
the dewatering of a stormwater inlet to a sediment basin and the duration for which this
method has been utilized. Contact our office immediately if additional sediment from
your site is discharged to streams and/or wetlands.
2. Please submit the following documents for review and approval:
DocuSign Envelope ID: FE5714BD-7413-4341-A4DD-6F73E8C6B2B6
The Helm
NOV-2020-PC-0311
Page 3 of 4
a. Sediment Removal Plan – Please evaluate the streams and wetlands onsite.
Sediment, gravel, and construction debris impacts to the streams onsite and
downstream of the site must be removed. As a part of this plan, you should
provide the amount (depth) of material that has been deposited in the stream. This
information should be depicted on a map you provide. It is recommended that you
use hand labor (buckets, shovels, and wheelbarrows) to remove deposited
sediment from the channel. The sediment should be removed from the channel,
taken to high ground away from the stream channel a minimum of thirty feet, and
stabilized. The plan must address the measures that will be used for temporary
stabilization/sediment control while this work is under way. It is recommended
that you secure a consultant experienced in stream restoration to assist you with
your plan development, onsite supervision of sediment removal activities, and
authorization necessary to achieve compliance.
b. Please include in your response a detailed schedule with dates explaining when
the restoration will be accomplished. Once the work is complete, a final report
documenting the results of the restoration should be submitted to Kaylie Yankura.
3. Re-install the perched culvert to meet Condition II.11 of Water Quality Certification
number 4132 and 4134 or explain the steps that will be taken to bring the culvert into
compliance with Condition II.11 of Water Quality Certification number 4132 and 4134.
4. Please provide site inspection and monitoring records, including rain data, for the month
of June through July 6, 2020.
Thank you for your attention to this matter. This office requires that the violations, as detailed
above, be abated immediately and properly resolved. Environmental damage and/or failure to
secure proper authorizations have been documented on the subject tract as stated above. Your
efforts to undertake actions to bring the subject site back into compliance is not an admission,
rather it is an action that must be taken in order to begin to resolve ongoing environmental issues.
Pursuant to G.S. 143-215.6A, these violations and any future violations are subject to a civil
penalty assessment of up to a maximum $25,000.00 per day for each violation. Your above-
mentioned response to this correspondence, the degree and extent of harm to the environment,
and the duration and gravity of the violation(s) will be considered in any civil penalty assessment
process that may occur.
Should you have any questions regarding these matters, please contact Kaylie Yankura at (828)
296-4685 or kaylie.yankura@ncdenr.gov.
DocuSign Envelope ID: FE5714BD-7413-4341-A4DD-6F73E8C6B2B6
The Helm
NOV-2020-PC-0311
Page 4 of 4
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: David Brown – USACE (email copy)
Andrea Leslie – NCWRC (email copy)
Steve Beasley – Jackson County (email copy)
Tiffany Qualls – Jackson County (email copy)
Greg Hoffman, PE Civil Design Concepts (email copy)
Robert Jones – Zimmer Development Company (email copy)
Mac Haupt – 401 & Buffer Permitting Unit
ARO File Copy
G:\WR\WQ\Jackson\Complaints\Helm Site, Cullowhee\20200709_TheHelm_NOV2020PC0311.docx
DocuSign Envelope ID: FE5714BD-7413-4341-A4DD-6F73E8C6B2B6
Appendix D:
Proof of Approval - Jackson
County - Stormwater
Management Plan
SON.CQ
Cl
CA�Q
ROSION CONTROL & STORMWA. TER PERMIT
Permit Nunn 1 S-123
Owner: Landft at Western P LLC
Project Name: The Landing Phase H
Property Location: i Little Savannah Rd
Acreage Disturbed; 4.95 ac
Purpose of Development: COMMERCIAL
Issued by Erosion Con tr 1 ofrcer
04104119
Date Issued
Perrzzit must be posted on job site thro
04/04/22
Da to Expires
ut construction.
Q�
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Jackson County Office of Permitting & Code Enforcement
w4111.1J. acksonne. or code -en or cenrerr1.171rn1
Tony, Elders, Director lore ely ders ct 'acksounc.orr�
Sylva Office: 401 Gr•indstaff Cove Road, Suite 145, Phone: 828-586-75601F=, 828-586-7563
Cashiers Office: 357 Frank -Allen Road, Phone: 828-745-6850/Fax: 828-745-6867
LETTER OF APPROVAL
Approval Date: 04/04/ 19
LANDING AT WESTERN II LLC
C/O STIPES, CRAIG
148 RIVER ST STE 205
GREENVILLE SC 29601
This office has reviewed the erosion and sedimentation control plan submitted for the project listed below.
We find the plan to be acceptable and hereby issue this letter of approval with modifications and/or
performance reservations. This approval is conditioned upon the incorporation or addition of these items
to the plan. Please be advised that Chapter 10, Division 4, Section 10-277c of the Jackson County Code of
Ordinances requires that a copy of the approved soil erosion control plan be on file at the job site. Also,
you should consider this letter to give the notice of outright of periodic inspection to ensure compliance
with the approved plan. This plan approval shall expire (3) years following the date of approval, if no
land -disturbing activity has been undertaken, as is required by the Ordinance.
The Sedimentation Pollution Control Program is a performance -oriented program requiring protection of
the natural resources and adjoining properties. If, following commencement of this project, it is determined
that the plan is inadequate to meet the requirements of the Ordinance, this office may require revisions to
the plan and implementation of the revisions to ensure compliance with this Ordinance. Acceptance and
approval of this plan is conditioned upon your compliance with federal and state water quality laws,
regulations, and rules. This permit does not supersede any other permit or approvaL
Please be aware that if more than one acre is to be disturbed by this project, or the project is within a
regulated district, the enclosed general storm water permit NCG01000 and self -inspection records for land
disturbing activities Per G.S. 113 A-54.1 will cover you. You should first become familiar with all of the
requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information that you have submitted
on your Financial Responsibility Form. You are requested to file an amended form if there is any change in
the information included on the form. In addition, it would be helpful if you notify this office of the
proposed starting date for this project. Your cooperation is appreciated. Please see page 2 of this
document for other specific conditions of your approval.
Sincerely,
i/i WE'l
Ap-
Steve Beasley
Land Development Administrator
Cc: Alec Stillwell; .still veil@,
s0wetlengineerinLy.net
Permit Number:18-123
Project: The Landing Ph II
Location: Little Savannah Rd
Acreage Disturbed:18.25 ac
River Basin: Little Tennessee
Stream Classification: C
Date Received: 01/08/19
New Submittal( X ) Revision( ) Modification( )
LETTER APPROVAL WITH MODIFICATIONS
Note: Approval is conditioned upon the incorporation or addition of these modifications to the
plan. I£ these modifications are not included in the plan and implemented on the construction
site, the site will be in violation of the Sedimentation Pollution Control Act of 1973 and the
Jackson County Code of Ordnances.
Stipulations and Conditions
There were no comments by Jackson County Soil and Water Conservation District.
Due to the impact on a UMPerty in 2uestion, metal backed silt fumcing needs to be in tailed onsite 8'
maxrrmtttn span standard strength fabric -with wire fe ce .
Requeston-site meeting with ,din coni�ctvr riot o an a work be' start d
Approval does not cover areas which require 401 and 404 permits from the US Army Corps of
Engineers and NC Department of Environment and Natural Resources, and/or other such governing
agencies, until such time as said permits are in place.
This apLcval clots not exempt this 12rojec from an e t to r local ertnits r xe ulatiorEs th t
be additionalLy re aired.
Please know that approval of this sedimentation and erosion control plan does not qualify this site for
vested rights with regard to the proposed subdivision ordinance and that this development may be
subject to the subdivision ordinance when adopted.
LETTER OF APPROVAL -WITH PERFORMANCE RESERVATIONS
Note: Should the plan not perform adequately; a revised plan will be required.
[ I
Jackson County Permitting & Code
Enforcement
401 Grindstaff Cove Road, Suite 145
Sylva, North Carolina 28779
Phone (828) 586-7560 Fax (828) 586-
„:
7563
zo
Cashiers Office:
yCA�°_
357 Frank Allen Rd., Cashiers, NC
28717
Phone (828) 745-6850 Fax (828) 745-
...
6867
Land Qevelapment Permit
OWNER: LANDING AT WESTERN II LLC
Address: 148 RIVER ST STE 205
City / State: GREENVILLE SC
Zip: 29601
Phone:
Email:
Contractor Name: PARKER, DOUG
Contractor Phone: 828-269-30o1
PIN:7549-92-S129
Lot Number: SR 1367
Permit Type:
Utilities:
Specific Directions To Site:
107 TO LITTLE SAVANNAH RD; THE LANDING PHASE II ON LEFT.
Application Number
2018-13070
Building Permit Number
Env. Health Permit Numbers
IP:
OP:
WELL:
CONTACT: STILLWELL, ALEC
Address: PO BOX 838
City / Zip: SYLVA NC
Zip: 28779
Phone:828-586-6066
Email: W.stillwell@stillwellengineering.net
Physical Address: LITTLE SAVANNAH RD - PART OF LANDING PH II
Subdivision:
Section/Phase:
Gate Code:
Notes:
PART OF E/C LARGE PR03ECT 18-123; PIN 7549-92-9237 / SEE LDA 2018-12704 FOR SITE INSPECTIONS
Application Fee: No LDA Charge
Township; CULLOWHEE Fire District: Cullowhee High Quality Water:
Acreage: 6.31 Stream Classification:
Regulated District Cullowhee Stream Buffer:
This site is within the following:
Average Slope Of Parcel
Acreage Disturbed: 1/2 acre or less: No I E/C Plan has been filed: No
Methods to be used for Erosion Control:
I hereby certify that the Informadon given zbove to the best of my knowledge, Is true and correct. I am aware that the State and/or
County staff can and will conduct periodic Inspections of this Protect to ensure compFlanra. I acknowledge that I have been In/armed
of land use regulations subject to my property or development: I understand that I must contact the Permitting Office at least one
business day prior to any work commencing. The signature below slgnil7es full responsibility for all land disturbing activities on site.
Applicant's Signature:
S C / le
r `L�
Date:
Approval Signature:
Date:
4
'F
Jackson County Permitting & Code Enforcement
a. 401 Grindstaff Cove Road, Suite 145
Sylva, North Carolina 28779
Phone (828) 586-7560 Fax (828) 586-7563
a Cashiers Office:
h►GARA 357 Frank Allen Rd., Cashiers, NC 28717
Phone (828) 745-6850 Fax (828) 745-6867
Land Development Permit
INFORMATION
OWNER: LANDING AT WESTERN II LLC
Application Number
2018-12704
Building Permit Number
Env, Health Permit Numbers
IF:
OP:
WELL:
CONTACT: STILLWELL, ALEC
Address: 148 RIVER ST STE 205
Address: PO BOX 838
City / State: GREENVILLE SC
City / Zip: SYLVA NC
Zip: 29601
Zip: 28779
Phone:
Phone: 828-586-6066
Email:
Email: w.stillwell@stillwellengineering.net
Contractor Name: PARKER, DOUG
Contractor Phone: 828-269-3001
PROPERTY INFORMATION
PIN: 7549-92-9237
Physical Address: THE LANDING PH II E/C #18-123
Lot Number: SR 1367
Subdivision: THE LANDING
Permit Type:
Section/Phase: PH 2
Utilities:
Gate Code:
Specific Directions To Site:
107 TO LITTLE SAVANNAH RD; THE LANDING PHASE II ON LEFT.
Notes:
PHASE It OF THE LANDING PROJECT; DISTURBANCE 4.95 AC; EC #18-123
THE LANDING WILL TAKE OVER OWNERSHIP BEFORE E/C PERMIT IS ISSUED PER ALEC STILLWELL 10.18.18-TQ / UPDATED
OWNER INFO 01.02.19-TQ
Application Fee: Grading more than V2 acre - See Steve
Township: CULLOWHEE Fire District: Cullowhee High Quality Water.
Acreage: 14.84 Stream Classification: C
Regulated District: Cullowhee Stream Buffer:
This site is within the following:
Average Slope Of Parcel
Acreage Disturbed: 1/2 acre or less: No I E/C Plan has been filed: Yes
Methods to be used for Erosion Control:
I hereby certify that the information given above, to the best of my knowledge, is true and correct. I am aware that the State and/or
County staff can and will conduct periodic inspections of this project to ensure compliance. I acknowledge that I have been informed
of land use regulations subject to my property or development. I understand that I m ust contact the Permitting Office at least one
business day prior to any work commencing. The signature below signifies full responsibility for all land disturbing activities on site.
Applicant's Signature: r
Date:
Approval Signature:"" .'r�;?- - r , Z I Date: