20070776 Ver 1_Application_20070504

J. Wayne Craig
Michael S. Agee
Steven A, Campbell
Randy W.Beckner
Bradley C. Craig
Wm. Thomas Austin
SINCE
1978
200?0776
Mattern & Craig
CONSULTING ENGINEERS -SURVEYORS
David P. Wilson
James B Voso
Edwin K. Mattern, Jr. (1949-1982)
Sam H. McGhee, III (Retired)
Gene R, Cress (Retired)
Stewart W. Hubbell (Retired)
i 1V
May 3, 2007??
r)Ef4R - WATER Qi ALITY
Ms. Cyndi Karoly ERANOt?A;?psT?n ? ERR cH
Division of Water Quality, 401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Waynesville Town Center Permit
Comm. No. 2551C
Ms. Karoly:
Waynesville Commons Retail Associates, LLC, is requesting a Section 404
permit and Section 401 Water Quality certification to permanently impact 42 linear feet
and temporarily impact approximately 10 linear feet of Richland Creek, located in the
city of Waynesville, Haywood County, North Carolina. Attached are seven (7) copies of
the permit application and a check for the application fee of $200. One copy has been
submitted to the U.S. Army Corps of Engineers in Asheville. Courtesy copies have been
provided to Mr. Kevin Barnett (DWQ Asheville) and Mike Goodson (DLQ in Asheville),
as well as the U.S. Fish and Wildlife Service and Wildlife Resources Commission.
Richland Creek, from its source to Boyd Avenue in Waynesville, has been
assigned Stream Index Number 5-16-(1) and has a Best Usage Classification of B;Tr.
Richland Creek is a designated Trout Water and is subject to Trout Buffers. The
proposed project will permanently impact 42 linear feet of stream channel and associated
Trout Buffer and will temporarily impact approximately 10 linear feet of stream. The
proposed impact will extend an existing reinforced concrete box culvert (RCBC) located
on Hyatt Creek Road (Picture 1, attached). The current RCBC includes 3 barrels. The
center barrel is open and freely conducting channel flow. The left hand (facing
downstream) barrel is partially filled with alluvial deposits and is allowing limited
channel flow. The right hand barrel (looking downstream) is filled with alluvial deposits
and is not conducting channel flow. An existing sewerline will be relocated
12 Broad Street Asheville, NC 28801
(828)2 54-2201 Fax [phone]
-xndcraig.com
Ms. Cyndi Karoly
May 3, 2007
Page 2
approximately 50 feet downstream of the existing RCBC, resulting in the temporary
impact.
Adjacent land use for the reach of Richland Creek proposed for impact is
commercial. A thin line of vegetation exists on both banks. The right bank includes an
existing entrance to the commercial facility, the left bank includes an entrance to a paved
area used for equipment storage and parking.
If you have any questions or comments, or need any additional information,
please feel free to contact me.
Sincerely,
`MATTTERN & CRAIG, INC.
t 1?
Timothy A. Hemker, P.E.
Project Manager
TAH/ppb
2 0 0 7 0 7 7 6
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
1. 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: 39
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
Owner/Applicant Information
R'111?7 tr ER?, [5"ll
1
MAY .-Iii0i
Name: Waynesville Commons Retail Associates, LLC g)Vw14 ^ ; ;a r
Mailing Address: 1765 Merriman Road WFTIANU$ AND CT01'IAWAiFR BRANCH
Akron, OH 44313
Telephone Number: [phone]: Fax Number: [phone]
E-mail Address: Gonesti(o)CedarwoodD.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Gary O'Nesti
Company Affiliation: Cedarwood Development Incorporated
Mailing Address: 1765 Meriman Road
Akron, OH 44313
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: Gonesti(a,CedarwoodD.com
Updated 11/1/2005 Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Waynesville Town Center
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 8604685934
4. Location
County: Haywood Nearest Town: Waynesville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-40
West to exit 27. Take Exit 27 (US 74W) to exit 98. Turn left onto Hyatt Creek Road.
Travel approximately 500 feet. The project site extends from the existing culverted road
crossing to approximately 60 feet downstream.
5. 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): 35.4645 ON 83.0112 °W
6. Property size (acres):
7. Name of nearest receiving body of water: Richland Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htip://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 stream channel (Richland Creek) is located on
a single commercial property, with apparent commercial uses on both sides. One side
contains commercial buildings, the other side contains a paved area used for equipment
updated 11/1/2005 Page 2 of 9
storage and parked commercial vehicles. The land use in the vicinity is a combination of
residential and commercial use.
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes extending the existing, three-barrel reinforced concrete box culvert an
additional 42 linear feet to allow for a turn lane into the property. Heave equipment,
including excavators, will be used for this project. The project also includes relocating an
existing sewerline crossing. The crossing will be relocated approximately 50 downstream
resulting in a temporary impact to approximately 10 linear feet of stream channel. The
relocated sewerline will be placed in a trench across the stream channel, which will be
restored to its pre-impact condition upon installation.
11. Explain the purpose of the proposed work: The purpose of this project is to extend the
width of the existing roadway provide a safe turn lane into the property. Upon completion
of the project, the right-of-way will be granted to NCDOT. As part of the extension, an
existing sewerline crossing will be relocated.
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. No other permits have been requested or granted for this project.
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 permits are anticipated for this project.
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
Updated 11/1/2005 Page 3 of 9
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impacts associated with
this project are limited to 42 linear feet of permanent stream channel impact and
gpproximately 10 linear feet of temporary stream channel impact. The channel is laterally
contained, and incised with no adjacent wetlands. The channel is depicted on the attached
site plan. The permanent impacts are associated with extending the existing reinforced
concrete box culvert. The temporary impacts to the channel include relocating an existing
sewerline crossing.
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 flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet) Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
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, multiDly lenl?th X width. then divide by 43.560_
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
acres
1 Richland Creek Culvert/Permanent P 18 42 0.017
2 Richland Creek Sewerline/Temporary P 18 10 0.004

Total Stream Impact (by length and acreage) 52 0.021
Updated 11/1/2005 Page 4 of 9
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, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.021
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.0
Total Stream Impact (linear feet): 52
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 USACE.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
updated 11/1/2005 Page 5 of 9
techniques to be followed during construction to reduce impacts. Widening of the existing
roadway will allow safe access to the property. The widening of the RCBC is designed to
minimize the impact to Richland Creek by eliminating the need for a secondary road crossing. A
secondary access road to the property would greatly increase the total impact to Richland Creek
and its associated trout buffer. The project is required to meet NCDOT standards for the access
lane for the property. The proposed widening requires relocation of an existing sewerline.
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 (see DWQ website for most current
version.).
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.
Due to the minimal nature of the impacts mitigation is not proposed
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
[phone] 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
Updated 11/1/2005 Page 6 of 9
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieurgplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. 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 [phone] 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 V 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
Updated 11/1/2005 Page 7 of 9
* 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 1.
XI.
XII.
3. If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
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. A stormwater plan is being submitted for the development associated with the culvert
extension project
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.
Wastewater for this project will be discharged using the existing Waynesville sewer system.
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 an after-the-fact permit application? Yes ? No
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:
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Updated 11/1/2005 Page 8 of 9
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).
2 61d 7
(Agent's
is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9
Waynesville Commons Retail Associates, L.L.C.
1765 Merriman Road
Akron, OH 44313
April 25, 2007
North Carolina Department of Environmental
and Natural Resources
Division of Water Quality
Re: Authorization to Execute Permit
To Whom It May Concern:
Please be advised that Gary G. O'Nesti is authorized to execute a permit on behalf of
Waynesville Commons Retail Associates, L.L.C. with NCDENR Division of Water Quality.
Sincerely,
Edward "Vlosky
_Executive Vice-President
P:\12700\12765\12765 Itr to NCDENR 04.25.07.doc
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. DENOT ' t (+~?~r~r ~r ~?+~~~aa~+~+~w~+s+~~~?+~+~~a~~~r~r~ra~rs+~+~~a~~+r FOR F TRURE S ~I ZE SIDEWALK BY TOWN OF I ~~"~06 R~M;z7 Prepared In the Office of:
Z W AYNE ILLS. I

~ ~ SSE M atte r ~D ADVANCEMENT CONSULTING ENGI :ern & Craig
'F SIN G ENGINEERS • SURVEYORS
CATCN 3b RIA1:2~ D HAYWOOD ADV ~L FOUNDA 12 BROAD STREET
E-4fl ~UNDATION ASHEVILLE, NOR _E, NORTH CAROLINA 28801
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