HomeMy WebLinkAbout20070838 Ver 1_Application_20070515zn~~oa3a
CLEARWATER ENVIRONMENTAL
CONSULTANTS, INC.
300 N. Main Street, Suite 202
Hendersonville, NC 28792
(828) 698-9800
FAX (828) 698-9003
Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
LETTER OF TRANSMITTAL
~~
DATE:
May 14, 2007 PROJECT: 486
ATTENTION:
Cyndi Karoly
RE: Cider Cove
WE ARE SENDING YOU ®ATTACHED ^ UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS:
COPIES DATE NO. DESCRIPTION
5 05.14.07 NWP 29 Application
THESE ARE TRANSMITTED AS CHECK BELOW:
® For approval ^ Approved as submitted ^ Resubmit copies for approval
® For your use ^ Approved as noted ^ Submit copies for distribution
^ As requested ^ Returned for corrections ^ Return corrected prints
^ For review and comment ^ Materials returned after loan to us ^
~;n;~ ')t!q,
;b: ~ a _v.. ~~
REMARKS:
Please see the enclosed NWP 29 application for Cider Cove in Jackson County, North Carolina. ~ ``'
Please do not hesitate to contact me at (828) 698-9800 if you have any further questions.
COPY TO: Dave McHenry NCWRC, SIGNED:
Kevin Barnett DWQ Asheville
Office, Lori Beckwith USAGE ~ ~
CLEARWA NVIRONMENTA ONSULTANTS, INC.
Page 1 of 1
clement riddle
From: Beth Townsend [beth@cashiers.com]
Sent: Friday, May 04, 2007 2:06 PM
To: clement riddle
Subject: [inbox] Authorization to represent
Clement, please consider this email my authorization for Clearwater Management to represent my interests in
any design, application, communication, etc. regarding a proposed stream crossing at Cider Cove off Salt Rock
Road, Jackson County, NC. It is my understanding that you will represent me from now until the permit is issued.
My association with the property is as owner of the property with 50% undivided interest through my LLC, "Little
Pine Creek, LLC."
Thank you.
Beth Townsend
Vice President
McKee Properties, Inc.
P. O. Box 523
Cashiers, NC 28717
(828) 743-3411, office
(828) 421-6193, mobile
5/7/2007
20070838
~.~ 3i
~1
Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(1t any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. 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: NWP 29
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
_ ~ ' ~ .'
1. Owner/Applicant Information
Name: _ First Adventure, LLC and Little Pine Creek LLC
Mailing Address: Attn: Beth Townsend, Manager of Little Pine Creek LLC
P.O. Box 1395
Cashiers, North Carolina 28717
Telephone Number: 828-743-3411 Fax Number: 828-743-5068
E-mail Address: beth(a,cashiers.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: Clement Riddle
Company Affiliation: Clearwater Environmental Consultants, Inc.
Mailing Address: 718 Oakland Street
Hendersonville, NC 28791
Telephone Number: 828-698-9800 Fax Number: 828-698-9003
E-mail Address: clement(a,cwenv.com
Page 5 of 12
III. Project Information
3
S
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 maybe 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: Cider Cove
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
Property Identification Number (Tax PIN): 7545-82-2436
4. Location
County: Jackson Nearest Town: Cashiers
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Cashiers, take 107
North to West on Pine Creek for approximately 3 miles. Turn right on Salt Rock Road and
follow for approximately 1 mile. The property is on the right, and there is a "Coyle" sign at
Red Thorn.
Site coordinates (For linear projects, such as a road or utility line, attach a
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35°11'28" °N 83°11'25"
6. Property size (acres): 21.82 acres
7. Name of nearest receiving body of water: Little Pine Creek
8. River Basin: Little Tennessee
(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/mapsl.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Approximately 16 acres deciduous/mixed vegetation and
approximately 5 acres pasture/field. The land use is primarily agriculture and residential (see
attached photos).
sheet that
°W
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project involves the installation of a culvert for a road. The equipment will include
mechanized construction equipment eg nerally used for this type of construction.
11. Explain the purpose of the proposed work: The purpose of the culvert installation is to
provide access to the property, a condition of the sales contract.
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. N/A
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.
This property is deed restricted and will remain a low density residential home site. Future lot
size is 5 acre minimum.
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.
Provide a written description of the proposed impacts: This proposed residential road crossing
will impact approximately 40 feet of a tributary to Little Pine Creek (see attached impact plan
and photos).
Page 7 of 12
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. No Impacts
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
Total Wetland Impact (acres) 0
2. List the total acreage (estimated) of all existing wetlands on the property: N/A
3. 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 43,560.
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 trib to permanent Perennial
3 f
t 40 If 0.003
Little Pine Creek ee acres
Total Stream Impact (by length and acreage) 401f 0.003
4. 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. 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 ma) ocean, etc.) (acres)
Total Open Water Impact (acres) 0
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.003
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.003
Total Stream Impact (linear feet): 40
6. 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
Page 8 of 12
7. 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 Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The impact is necessar~to
provide access to the property. The proposed roadway is a condition of the sales contract.
Currently, there is no road access into this area of the propert~(see attached impact plan and
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
Page 9 of 12
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.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.
There is no proposed mitigation, as impacts are minor (401inear feet).
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 http://h2o.enr.state.nc.us/wrp/index.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): N/A
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
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
Z. 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 ^ N/A
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 ^ N/A
Page 10 of 12
IX. 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 WSIII )? 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.
The permanent impacts to the buffer include l2 feet of road bed, totaling 720 square feet
(0.02 acres). Temporary impacts to the buffer will include grading associated with the
road shoulders, but these shoulders will be seeded and grassed following road
construction. The road crossing will be perpendicular to the stream (see Appendix B).
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba) N/A
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 l .
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 1 SA NCAC 2B .0242 or .0244, or .0260. N/A 15A NCAC 2B .0250(2)(e)(i)
X. 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 property will remain mostly rg eenspace
with some residential housing possible in the future._ Erosion and sedimentation BMPs will be
utilized during this roadway construction to prevent potential degradation of nearby water
bodies.
XI. Sewage Disposal (required by DWQ)
Page 11 of 12
XI. 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.
Septic systems will be used to treat wastewater generated from this property.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (1 SA NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XII. 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: This
proiect will provide access to this portion of undeveloped property. The property is deed
restricted and limited in development rights. No cumulative impacts are anticipated.
XIII. 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 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
0 7 a 0 8 3 g
Photo Documentation of Existing Site Conditions with Proposed Impacts
~w
,K~r h~ Hq
V. ,y
kC
px ~t.fEN ~ pr .. "
Photo I : Proposed road crossing
_.. Y ... JIa~FraY~_.~. f:sz~kY~~ ~ ~ny!, ~,N' ~:'k `Ti
Photo 3: Existing property that currently lacks access
~r ~+~
~~'
3} ~
a ~, rr' ~t~
"
-
~ ~ _
r 4
~
F~ 3
r
:
".
~, ~
n
~ v~
a .s r* ,,~, ~ ' a, *~'. „a ,'~}
,~ ~ ~ :~
"
.
~+,
..
~ ' n^~. .
d~a
.~
i ~ ~~.nY! .~ ,~ ...
"
'~"
Proposed r4~dv3ay..
' ~
~
~ ,
F4` n~.n
C *
a ~~ ~
..
.: ,.
.~.
_
ti
~
4,
Photo 4: Proposed roadway to access tield
Photo 2: Proposed impacts nn unnamed tributary
~ +{ v ~ 3
:+~
r ' ,~.i .
~t 4
''~
~'. ~
~~ ~~
'rte ~
~_
~.
:~~ = ~ ' ~'
~~
- ~
-. _ , s'.~
<~
~1
24& r- h 5'*~~~n~l'iy: ~Ile~ti `..~ ~,~t =~l~~y \* _._.... ~~'' ,~:-.,,~ ~'~ ~~_ X ~~t ! ~ I
! ~ - }~'~._ t-..~~,``-1 ;ter __ _ _1~~ ~ i ?''- ~~, 1 -- .. ,.~-.~-
CLEARWATER
Older COVe Environmental Consultants, Inc.
Jackson County ns Oakland street Site Vicinity Map
Hendersonville, NC 28791 Figure 1
North Carolina
828-698-9800
Yw
83°1?'00" W
0
lJ
~1
7
O
ri
a
in
U~WGS8483°11'00" W
~~~- - _
~ 'b / - ~ 1 ~ /, r,
- - - y i:-~.:-.n
~ 1~ '
~~rs, i`1 f,~ 1I~ ~ 1
~, ~'i
2, 3 _J
z
0
_o
O
d
rl
U
Lf7
C+7
UJ 1G VV VV VV VJVT VJ 11 VV VV
~~ .l,N 0 .5 1 MILE
~ifso ®404 FtET 0 500 10Qb METf:fiS
Map created urith TOPO!~ 02003 National Geographic {urww.r~ationa~geographic.corrJtopoj
CLEARWATER
Cider COVe Environmental Consultants, Inc. USGS TOPO
Jackson County 718 Oakland Street
Hendersonville, NC 28791 FlgUre 2
North Carolina
828-6)8-9800
r
t''._
~~ I. ,
_ d..
07.0838
.`
CLEARWATER
Cider Cove Environmental Consultants, Inc.
Jackson County 71s Oakland street NRCS Soil Map
Hendersonville, NC 28791 Figure 3
North Carolina
828-698-9800
07 0838
SHc7Ltl2F R
i.. U2 rf U`
;~t,~ItG'f?AL G'dL~X. GNU
~VA+i:1TAL G~7FFX U~'9#~5
IkiC% u4'iLF+ Uf' D!i ~ti?it5/
'~ s4~' ~F~t ii4~Li7 ?,its[
}(( 5tl~tULUER
12._U,. _I
4'--U'
HAI17l~!i
!.£k' L'tX. rF..7i TO Et'
CLEARWATER
Cider Cove Environmental Consultants, Ino. Typical Cross Section
Jackson County 718 Oakland Street Figure 4
North Carolina Hendersonville, NC 28791
828-698-9800
d ~~~~ ~~v
C1 °~~,2
ry
~~/~~t
a
rc
l c~~
~,~ o o - .
' Laid ~ ~ ~® ~ m ` ~'~~
~ . ~ ;~~
( w~
' ~ f~7 -r v ,~I
Celnter b:~ plop ~~~1 6- ~ ~~~` C',~
•~ ~ ,,
~~ `.~ Fehcer _~~e of ;
~~} , clet~g
"~
4, ~,
~7, ~ ~~ ~ ~
``~ .~s~.
~ ~ ~ .~
~,~
~f tt'ail ',
~,
,.;~~ ,
t~ ~r
~.~ ~~
v
._~,
~~
Cider hover
~1.8~ .~CRE~
z
.~
.~
~~
070838
' ~
---~~b
~~
"' i ~ r ~ "~
`' ~ ~ °
,, ~s~t
~ '
_~ .~°
~ ~ Impact #1: '
C~2 ~~ approximately
35 linear feet
~.,
~,
~~
~' .
~: .
~~/
v~,_
~o°~~ 1~
~~~~,~
~~
~`O ~'~
~~~
k
Bl~imga~ner 898r'K
CLEARWATER
Cider Cove Environmental Consultants, Inc. Impact Plan
Jackson County 718 Oakland Street Figure 5
North Carolina Hendersonville, NC 28791
828-698-9800