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20070379 Ver 1_More Info Received_20070501
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. Apri130, 2007 Ms. Cyndi Karoly NCDWQ 1650 Mail Service Center Raleigh, NC 27699-1650 ~~ - D3 l q Subject Property: Cedar Pointe Crossing DWQ Project # 07-0379 Buncombe County, North Carolina Gashes Creek [040302, 6-78-21, C] Dear Ms. Karoly, Enclosed are five copies of a revised Nationwide Permit 29 and 12 application package for Cedar Pointe Crossing in Buncombe County, North Carolina. The original Nationwide Permit 39 and 12 application was submitted February 14, 2007. Clearwater Environmental Consultants, Inc. (CEC) received comments from the N.C. Division of Water Quality (DWQ) on March 8, 2007 regarding the use ofhalf-culverts. In response to comments contained in the DWQ letter, the applicant has revised and made changes to the Nationwide Permit application. CEC has included these revisions in the enclosed updated Nationwide Permit 29 and 12 application package. Please do not hesitate to contact me with any questions or comments. Th you; l % j~. ~~ R. Clement Riddle, .W. . Principle ~~ CC: Kevin Barnett, DWQ-Asheville (06-0971) MAY 1 iQQ~ (?cWFt - WA7~Ft C~iJALIT`i V~TLAldb3 R,1t0 ST04?af4YATER BRA.~vCH 718 Oakland Street Hendersonville, North Carolina 28791 Phone; 828-698-9800 Fax: 828-698-9003 www.cwenv.com Office Use Only: Form Version March OS USACE Action ID No. DWQ No. O 1 - 03 ~ q iii any parncuiar item is not appt~cable to this project, please enter "Not Applicable" or'N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29, NWP 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information ~ ~ ~ ~ L1 0"! 1. Owner/Applicant Information MAY 1 2001 Name: Michael Pierce !~~ia _ i.,r~~ Mailing Address: 5 Bailey Run nNas.~rr~ sro~~~ua, ~~ sR,ar~cH Fairview North Carolina 28730 Telephone Number: 828-231-5369 Fax Number: 828-628-9830 E-mail Address: mkproperties(cr~bellsouth.net 2. AgentlConsultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Clearwater Environmental Consultants Inc. Company Affiliation: Clement Riddle Mailing Address: 718 Oakland Street Hendersonville North Carolina 28791 Telephone Number: 828-698-9800 Fax Number: 828-698-9003 E-mail Address: clement(a,cwenv.com Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of protect: Cedar Pointe Crossing 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 4314, 8218 4. Location County:_ Buncombe County Nearest Town: Asheville Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take 240 East to 74 Alternate East Follow 74A past Baldwin Cove and project site is across from Fairview Terrace (see Figure 1 Site Vicinity ap) Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35°33.050 °N 82°28.577 °W 6. Property size (acres): 22.24 7. Name of nearest receiving body of water: Gashes Creek 8. River Basin: French (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The existing condition of this site is recently logged The general land use in the vicinity of this project is residential and commercial Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project includes the development of residential and commercial outparcels with associated parking and utilities. 11. Explain the purpose of the proposed work: The purpose of the proposed work is to devel~ Commercial Outparcel D and an associated road Cedar Pointe Drive (see attached Impact Plan). The proposed temporary utili crossing is to connect the rest of the proposed project to the existing sewer system. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. A NWP 12 USACE Action ID# 32495-311 (Appendix A) was approved by David Baker on June 2 2006. This permit approved temporar~mpacts for two sewer line crossings on Gashes Creek (see attached Impact Plan) V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future impacts are anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 7 of 13 1. Provide a written description of the proposed impacts: Impacts include placing 300 linear feet of Stream B in a culvert for the development of Commercial Outparcel D and associated roadway, and placin>; fill in 0.019 acres of Wetland B for the construction of a road The proposed temporary utility crossin requires impact to 60 linear feet on Stream B (see attached Impact Plan). 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodinl?. Wetland Impact Type of Wetland Located within Distance to Area of Site Number T e of Im act yp p (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) 4 Permanent Forested No 0 0.019 Total Wetland Impact (acres) 0.019 3. List the total acreage (estimated) of all existing wetlands on the property: 0.193 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width. then divide by 43_SF~_ Stream Impact - Perennial or Average ~ - Impact - - Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on map) Before Impact (linear feet) (acres) 1 Unnamed tributary to Gashes Creek permanent Perennial 3 ft 300 If 0.02 2 Unnamed tributary to Gashes Creek Tem or p ~ Perennial 3 ft 20 ]f 0.001 3 Unnamed tributary to Gashes Creek Tem or p ~' Perennial 3 ft 201f 0.001 5 Unnamed tributary to Gashes Creek Tem or p ~' Pernennial 7 ft. 20 lf. 0.003 Total Stream Impact (by length and acreage) 3601f 0.025 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainal?e, bulkheads, etc. No Impacts Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map) ocean, etc.) (acres) Total Open Water Impact (acres) p Page 8 of 13 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0.025 Wetland Impact (acres): 0.019 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.044 Total Stream Impact (linear feet): 360 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USAGE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A VII. Impact Justification (Avoidance and Minimization) Expected pond surface area: N/A Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Apre-application meetin was held on November 28 2006 with the USAGE DWQ WRC and Clearwater Consultants Inc Following discussion of the on final proposed impacts at this meeting impacts for the streams on-site were minimized/avoided by 3 261 linear feet (Impact Plan) Wetland impacts were minimized/avoided by 0.17 acres. Other minimization methods include 3 bridges and retaining walls around the commercial lots. The remainin proposed impacts are necessary for the development of Commercial Parcel D (300 If of stream) and associated roadway Cedar Pointe Drive (0.019 wetland acres). The temporary utility crossings on Stream B and Gashes Creek (Impacts 2,3,5) are necessary to connect the remaining_project site to the existing sewers stem (see impact site plan). The previous Nationwide 39 and 12 permit application hadproposed half culverts. However as a result of new DWQ guidance the applicant has modified the plan and is proposing bridges. Page 9 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strrngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The proposed 300 linear feet of stream impact will be miti atg ed by payment into the NCEEP Program (NCEEP report attached). Additionally 3 261 if of streams and 0 174 acres of wetlands will be preserved on-site with 3.51 acres of upland buffer protection (as shows on the attached plan). 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919)- 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at h~://h2o.enr.state.nc.us/wrp/index.hhn. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Page 10 of 13 Amount of stream mitigation requested (linear feet): 3001f Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone ] . Page 11 of 13 3. If buffer Donation Riparian within 15 mitigation is required, please discuss what type of mitigation is proposed (i.e., of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Buffer Restoration Fund). Please attach all appropriate information as identified A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The acreage on-site totals 22.24 acres while the proposed impervious acreage totals 9.16 acres The proposed impervious area totals 41 2% of the protect site. Stormwater controls include bioretention areas in the parking lots of the commercial outparcels, and bioretention and stormwater detention for the residential areas (see attached Impervious Area Plan). A final stormwater mana ement plan will be submitted for express review upon receipt of the requested 404/401 authorizations XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. A previously permitted sewer line has been installed on the west side of the property (USAGE Action ID# 32495-311). This previous permit was obtained by Asheville Metropolitan Sewerage District and was for a main collection line not directly associated with this project This permit application includes three proposed temporary sewer crossings on Stream B and Gashes Creek (Impacts 2, 3, 5) for additional connections to the existing sewer system (see attached Impact XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this anafter-the-fact permit application? Yes ^ No Page 12 of 13 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No cumulative impacts are anticipated that could impact nearby downstream water quality. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 13 of 13 (Agent's signature is valid only if an authorization letter from the applicant is provided.) ~- ~ ~ v ! J / I ' . , ewBnNb \\ ~.y - .' 1 ( SEYVER LINE - .. - lj f ; T /~ Q .~ L~ , _ .` ~ 1 ~ / ~' ~ ~ ^ '~- WETLAND A ( `a ! I i ~. ~ / -._ - _ ~ STREAM A r/! t T / / : ~ ' J ` Il 1 1 PROPOSED - - - - - - - - ~ _ _~.~~ ~ _`~ _ -~ - l M-IERGIAL ( / I RETAININb IW\LL - ... ` \ ! _ _ ~ ~ ~ i D BY ' OJfPARLELA •'~ DESIbIE / ~ - / ~ - . ... l - l ~ P' bb 5PA1 I ~ OfFIERS (TYP) ... ~~ LO7 - 1,25 of J ' r ~ ' r ~ ' :_. J i ..OUTPARLEL L - r .... - .., ' . I . - ~ .... , , r~ 1 / r ~! LOT-234a } ~ l r , i &11LDING - 15675 sP . i ~ v - _ _ _ - BUI IN6 14 ' i ' : I I' /~' ~ BU -IN611 ~~\ \ i / : ' ! ~ ~ ' / :" ~ ~ 'EULD b .... /. \. 'I 9JILDING~13 - I ENTRANCE PROPOSED / !: ! ~ ~ ~ / - ~- ~- - - --•----- ' ', ~ .I I - BRID6E / r /; % % PROPOSED I / - --~-- -_. _._ _ 'I .: I ,I ~'~, I / i ~ ~ BRIDGE l 1 ~ ~ ~ I _ I - "~ I I ~ ~ ~ 1 r I :.i _- ~ ~..Bw DING --•'-'' f ~ ~ /• : ./ ~ ~' / i - GONDOMINNIN UNITS l j~ J L GR0551NG PREVI L7 ._\ -. / / -'!_..~ \ •\ ~ '~ ~/ .~ ! .. ~ OT AREA-123 / j' PERMITTED BY AGE-, / ~' :.. ' - ... . •. /,.--1.~ - ~~.?' `•^ .. •• BUILDING 9 ~ ! I EVIL INb 19 N61B / f / -. ... .. &11L 21 i ' I 1: \ 1 1 : _ j / ~- - I ' ~ 40' AVERAGE I- `• \ _ _ --- _ - - ~-~- ~ - _ ._ _ f LREEK BUFFER '. 1 1 \ _ '- - ( ! / BULDIN6 Ib ~' i -.__ _ I , ; ;~15~TING~ Rr INE 1,~ 1~ 1 ~.~ ~~RPgJNgoRI~ ~' / 1 .. . . --`-• "~.. -_-. 1' Z 911 IN6 ~ - 1 4 / { N .. 40'AVERAGE '\ ~\ '\. BRIDGE ~- _ &11 IN6 5 LOMMERGIAL / ~ '1 . ~ 1 ] GREEY. ELPFER ~ _. - ~ '\ \ LDT-1270 ~'' '~ •1 /~ ., \--~1---{, / WILDIHb - I sF f F IM ~ :1 ~{,,, ..~ ~~ \ \ \ .. ~ _ ~~- 5 c.P. S ..1'1 1 INTO~cuLVaar IIII(in.~~\..!!! - - ~ . \ ` \ \ \ \ _ - - - ~ - , ~ - ~ ~ / 1 -11 ., ~/ - r' ! 1 r T \ _ - _ - - / /~'llultlll'll~l`Ill1111/~y~~ •\- __ TEMPORARY UflLltt \ \ \ ~ ~ v~'1-/ ~ \ ~' J r // / 1 /' / ~ ~`_ / _, - - ----' ! j 1. ~-. ' (- / / WETLAND G '\ \ _ ~~ ti ~. ~ STREAM B ! ~.~' ! r / ~ r / \ \ /, WETLAND B. BUI IN6 2 .. - ~ - r / . ;, ~ f ' EP PROPOSED. - LOFMERLIAL a I. T' '. .~ ~ 6UIL INb l EUI IN6.3 / / RETAMIN6 WALL OUIPARLEL D D \: - ... pE51GNED BY , ~ - OTHERb (TYP)' LOT - 265 x .. ~ ` ~ : ~ ~ /'/ :. .--. BIILDINb-ITp40 sP " \. -'- _ , ~• i -~ ~'_ _ _ TEMPORARY UTILItt _ .. - ~ ~ ~ _ _ LRO551N6 hYP1 I ' ~ / ~4O'AVERAGE - ~ -.. GREEK &1FFER ~ _ ~ - -". „_ ,~ _.. .- __, _ _ , Impact #I _ _ ~ ~ " _ - ~bASH ---- ~- ... _ ... - --.._..._ ~ 11t+Q~ct~~ Impact#3 -..--- --_ ~ ~ Impact #4 ~ -- -- _ __ __- I LEGENIi i__' __` I -~ ! / I TOTAL PRO.EL7 AREA 2324 oc. -~ ~ ~- ~ \~ 11 TOTAL STREAM LENGTH 36711 1! \ TOTAL WETLAND AREA 0.193 ac. IJJIp'dCt TEMPORARY STREAM IF~AGTS DEVB-OPMENT SUMMARY: \ \\ ` -- / / #S / I IJTILItt LRO551N65 60 If. ~ ~ ' / / J PERMMENT STREPM IMPAL75 Lol'TMERLIAL OUfPARLEL A 1.25 oc / STREAM B 300 IF. C.LFMERLIAL oUiPARGEL B Ill ac LOPM¢RLIAL OUfPARLEL L 234 oc PERMANENT WETLAND IMPACTS GOIA¢RLIAL OURARLEL D 265 oc / NETLAND A o 0 a. RESIDENTIAL OUTPARLEL E 125 oc / / PETLAND B 0019 ac. TOTAL RETAIL SPADE: 48055 ~/- SF V/ETLAIm L O.O oc. PARKING SPACES: 209 TOTAL / TOTAL (ANDOMINIUMS: 04 UNITS MITIbATION q UJIT BUILDIIY{~: 21 STREAM AVOIDANLE 3261 IF. ROAD PVM. WIDTH: IB FT / NETLAND PRESERVATION O.IT4 ac. ppT2KING SPALE DIM: 9'xIB' / UPLAND BJFFERb 351 a. SLALE I' = 50' ~~ m O s+ Z ~S E E Z~r~,9d a l7~QNee ~~ ~m~ QV n~Qp ` ~~ E Zu ~., EQ ~~Q~~~ -n N ~ LL<JO oN=S QL ~ Z `,,E11 0 ND_L!~ L~J U I~ Z V 'Z o VJ ~ ~. Q OU U? U ~3 ~~ _~ ~ ~~ 0~~0 ~ G._. 0 !~ ~'- ~ ~QQ00 U~~~ ~~1 K ~J~ ~, ~o Z OQF W €oa uJ Y ~~~~ p`~ - 03~i :C•7N~B3 _ Y. 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AP AA° YN C IINtlNESS ,~j ~ ~/ NGf01AL Si li'..W LE4EL ~ ' A~PRG1fl IES7AAW7 YE6NUC GR EW0. ~ 2 YA%. wcnE wa PRE IPPRG4E-AESntAAif Y ^• ^•-.•~..._. uECAWG ce EWAI GEWCE XAIM1{ BIDE a GASS T FlLiER FAIPJC AP AM IN P nN17kSl I-- r w. ~ fWA~L 1141 dl WEN°I IWLS r r< Ma CLA55 •A•~ RR-AM CITE RGN PIPE IOffY L CBNniAC1EA SHAL RE6IRAN Ai IEASi 7 Y.NR PAST RIE U6i Fff1MC Af AE IOP O nE Bna fA AS 4FflM0 aT fNCNEFA. 2 IPPAUhD AFSIRANPIG GENCFS NCWGE REPINNG dAxos (NEGALUS4 RE1B taut ' GA9RI5 IFA AFSTRAEIT Si57EY6 PROWIED BY APPRGWD PPE YMRACnA7EA5 i 9E GinER DETAlS Fdi Amnaa F1N79GN GgI7ROL uEA9JRE6 RlA7E0 10 CPEEN OTGSSINQ n WATERLINE GREEK GROSSING (NP.) NOT TO SCALE Cllf TO FIA1 NA1M SOIL TYPIOPL cPEO55~sctnoN Q1T.5J VL gAOKPILL, MN M TOP OF PIPE, NNN:MRIS, TO SPRRtlLIrE OP PIPC BEOON! FLATBIIAL N' 8' lu'~i2' io'~i2' y~i,. op x ~ g5C71ARCE FNO Cf PIPE J ASPX ~ lnT,1 W~A0. 10 BE LETERUaIED _____.._________ _______ IN THE PEIB REPUCFNFM CULIERT EX. (.U1fkT ~ NAIVAAI ~, ~SIRFAII GRCOND TO EE BUAIED BELOW SiREANBFD 10 BE REPIACED ` TO APPRCPRIASE OFPTH (6-12 INCHES) TYPICAL ROAD SECTION srs, n TYPICAL CULVERT DETAILS p~-031 °I ~,;. < _ F~.. . L~2B7 ~. _ ~, c ~ ZR ~ 21261 a ;~ ~ ~APxcx"~ ~~ ° "'(Z O ~A ~ N IO~ Z V ~ _ B 3 Za ~_9d l~(7'A~ ~~II~^1~ W ~ j N ~U .cRQQ N~ o u~ ZoJ ~~r"y®EQ ~~ Qn5 N uG ~o aNr'.~ Z O R .~ Q~ N~W3 ~~ L~J V l ~ Z V G. J ~~~z 5 UJQ`~~ ~z~~ Z~~o D~aF 'QU9~ (~~Q00 U~~~ `~ ?~~~ 0 f ~,~~_ t?~P~ ~ ~ oo~~ ~ ~~}-o3~q ' Jf I 70 , - ,~~ 70 ~ '/ ~ I - - r .- - ~~••..-- Oteen II - 70 II ~ ~~ Beverly Hills II II ~~ ~~~ Parkway Forest ~ ' ,~ I ~L`ake~Craig ,' '~ --Airtt•r [:ooe - 1 ~ 1 .may ~Il 55.`~ - 1 M . ~h~ville F.e~aeanon lkalea - f -:1 f •'i~ ~ ; ~ ~` ~ I l l i~ ~ Ower ~::z H=R~F~niu rn,~n I , ~ ' ~ ~ j ~ ~~. ;~' i ~ Gashes Creek f t f ~ 9153 I}' a 1 4 ~ LittlF Oedar Ltp~ntain ~, . !?iPrt~y CO Ve ~ ' ~ OweitAy Co Ve r 1?GO ~~ . err _ * _ `~ ~.. I ' ~. ~~-8a1a'win Go ue ~ ~.' i'1 I j ; ~ Cedar Cliff .__;`! F •. ~, . _ r _ __ `I f I "~ •~ __ ~ _ ~`r ~~-~~~ "-- r IS ~ ~ •`- ' ~, i ~ ~ _ r r {/ ~ r ,.. ~~ 4 „S _ _ _ _ ~ry...~,, _ ---- 1 -- ~`} ANneho7e.Gap ~- 4 .~ !~ • +' ~~ Che:~tnufA~buntain ~ ~ ;1phm~imatc ' ~ ~ { _ i ~ y_ I r ~ , ~ _ _ ~_ r l' L] _ I ~~ _ ..~r~ - ! ~ + - __ i , butler lobuntain '~., <~ - _ ~ ~; balj in~~ i - ` _ ~`~~ 1 '~ ~~bu_heeFuYurrtain ~ - ~ ~•~~ ~~ ~ ti tc I 4 I \ I I .f ,'iii ii ..~ I r, _-\ ' I i `•~>~ V i , i - 'i i CLEARWATER Cedar Pointe Crossing Environmental consultants, Inc. Buncombe County 7t8 oaktand street Site Vicinity Map Hendersonville, NC 2879] Flgure 1 North Carolina 828-698-9800 ~~-~3~a TPA! map prin~t7e~pc~n-y~0~-1~51~8/~~ from "t~~nr~ti+tl~pd,tpp~o'~~} ~y~y~y y~~ 8G~~U~V~?V' V'! YVkJU~ UG4G~~VL?V' V4 Q ~} a ~.('} ~~'} +~ -' .-.,r £,. ~ ~ .~ '~ ~. (~ i' J 4 ~.( } frl 1 ~-- ~.'.~a-~- ~" h err- ~ _._~ fir.,.'', ur+r x'4 -~.-~.... --~" - ~..: s' ! i r._lL~; - ~_ ~~ Q l~`] ~) 4 ~} `i 54 ! r, ~y~ - a....~J~f ~~ J'y~ 4~~V•. l' 7 a CC`S IvIN TN ~ -5 1 ~JIIi E ~~ ®000 fE:ET ~ a~10 tom! A~-iETEl~S IUIap created with TOFO!~7 072003 National CTeagraphi,c ~~r~,~n7{.nsti,analgeagra~,hic.camltapa~ CLEARWATER USGS Topographic Map Cedar Pointe Crossing Gnvironmemal consultants, [nc. Oteen Quad Buncombe County ~~8 Oakland street Hendersonville, NC 28791 Flgure 2 North Carolina 828-698-9800 Cedar Pointe Crossing Buncombe County North Carolina CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 ~`1- o31q NRCS Soi( Map Figure 3 pr1 - o3~q Appendix A U.S. ARMY CORPS OF ENGINEERS WII,MIlVGTON DISTRICT Action ID. SAW-2006-32495-311 County: Buncombe USGS Quad: Oteen GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: George and Barbara Pressley Address: PO Box 489 Lake Lnre; NC 28746 Telephone.No.: 828-625-1596 Size and location of property (water body, road name/number, town, etc.): Gashes Creek off of Hi~hway 74A in Fairview. NC Description of projects area and activity: to construct four subaqueous sewer line erossin¢s of Gashes Creek and tributaries to urovide utility service to Southcliff Subdivision _.. Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 12 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions, and your submitted plans. Any violation of the attached conditions or deviation from your subntted plans may subject the pemuttee to a stop work order, a restoration order and/or appropriate legal action. . This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 200?. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12} months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration date identified below, the nationwide permit authorization is reissuedand/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under and NWP. 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 Quality (telephone (919) 733-1786) 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 Anny 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 Baker at 828-271-7980 x231. Corps Regulatory Official David Baker Date: June 2, 2006 Expiration Date of Verification: March 18, 2007 ;stem ~!j~ 1~ ~I~1~I~.~ PROGRAM April 25, 2007 Michael Pierce 5 Bailey Run Fairview, NC 28730 ~1`p3~q Project: Cedar Pointe Crossing County: Buncombe This letter replaces one previously issued dated February 28, 2007. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved. This acceptance is valid for six months from the date of this letter and is not transferable. Ig we have not received a copy of the issued 404 Permit/401 Certif~cation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoece will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net. Based on the information supplied by you the impacts that may require compensatory mitigation are summazized in the folIowine table. French Broad 06010105 Stream (feet} Wetlands (acres) Buffer I (Sq. Ft.} Buffer II (Sq. Ft.) Cold Cool Warm Ri azian Non-Ri arian Coastal Marsh Impacts 0 300 0 0 0 0 0 0 Credits 0 600 0 0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additionat information, please contact Kelly Williams at (919} 7I6-1921. S' erely, William .Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Lori Beckwith, USACE-Asheville Kevin Baznett, DWQ-Asheville Clement Riddle, agent File ©~~ 1~,P.StDYI.K~... ~ ~ ... PYDt~~ OGLY .Tt~ ~~~ North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 ! 919-715-0476 / www.nceep.net