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HomeMy WebLinkAbout20120561 Ver 1_401 Application_20120612E1W June 1 2012 Ms Tasha McCormick USACE Asheville Regulatory Field Office 151 Paton Ave Rm 208 Asheville NC 28801 -5006 RE Cottages of Boone Town of Boone and Watauga County NC Access Road PCN Dear Ms McCormick 201 2056 1 3784 Rominger Rd Banner Elk NC 28804 Pit 828-29?-8948 Fax 828 - 297 1982 e-mail wccJv@skybest com 1 I J 1!J Enclosed is an application for NWP 12 and WQC #3884 for the referenced project. The property owner is CCC -Boone LLC represented by Amanda Wallis and the Applicant is Capstone Collegiate Communities Amanda VVellis is the contact. John alas with ENV Inc is the agent, (authorization letter included with PCN) and has prepared this application Copies of this PCN have been mailed to both DWQ (5 with a check for $240 to cover 401 fee) and NCWRC If you need to schedule a site visit please contact me Please include ENV Inc on the copy list of all correspondence for this protect If you have any questions regarding this information please call me at 82&2974M thank you Sincerely J hn C Vitas President, ENV Environmental Consulting Services Inc Cc Mr Dave McHenry NCWRC Ms Amanda Wallis Capstone Mr Mark Brooks Brooks Engineering NCDWQ JUN 5 1012 O�0� W ATF9QG O Y 20120561 Office Use Only Corps action ID no DWQ project no Form Version 13 Dec 10 2008 Page 1 of 13 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification PCN Form A Applicant Information 1 Processing tl la Type(s) of approval sought from the Corps ®Section 404 Permit ❑Section 10 Ilermit 1 b Specify Nationwide Permit (NWP) number 12 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d 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 le 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 1 h 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 Cottages of Boone a Capstone Collegiate Community Utility Line Access Road 2b County Watauga 2c Nearest municipality / town Boone 2d Subdivision name NA 2e NCDOT only T I P or state project no NA 3 Owner Information 3a Name(s) on Recorded Deed CCC Boone LLC 3b Deed Book and Page No 1632/840 201 3c Responsible Party (for LLC if applicable) Amanda Wallis �NR 3d Street address 431 Office Park Dr 3e City state zip Birmingham AL 35223 3f Telephone no 205 612 1107 3g Fax no 3h Email address Page 1 of 13 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify Developer and managing entity 4b Name Amanda Wallis 4c Business name (if applicable) Capstone Collegiate Communities 4d Street address 431 Office Park Dr 4e City state zip Birmingham AL 35223 4f Telephone no 205 612 1107 4g Fax no 4h Email address 5 Agent/Consultant Information (if applicable) 5a Name John Vilas 5b Business name (if applicable) ENV ECS Inc 5c Street address 3764 Rominger Rd 5d City state zip Banner Elk NC 28604 5e Telephone no 828 297 6946 5f Fax no 828 297 1982 5g Email address john @env ecs com Page 2 of 13 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 2900 32 5915 000 (old PIN new not yet available) Latitude 36 20000ON Longitude 81 70000OW lb Site coordinates (in decimal degrees) (DD DDDDDD) ( DD DDDDDD) The proposed Capstone project Cottages of Boone will be located on an approximate 70 acre parcel The activity 1 c Property size proposed in this application is located both on the Capstone property and an easement over an adjacent property 2 Surface Waters 2a Name of nearest body of water (stream river etc) to Laurel Fork proposed project 2b Water Quality Classification of nearest receiving water C Trout 2c River basin Watauga Page 3 of 13 PCN Form — Version 1 3 December 10 2008 Version 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 The project site consists of old pasture land and adjacent wooded land The old pasture area is close to an existing farm house with out buildings and landscaped areas The proposed utility lines and access road will pass just to the west of the farm house through an easement area cross a driveway small perennial stream (UT Laurel Fork P) within the acquired easement (Impact Site 1) After the first stream crossing the project passes out of the easement and onto Tract 2 of the Cottages of Boone project site The utility line and access road extends into a wooded area following an existing-woods road, a second crossing of an intermittent stream (UT Laurel Fork Int) will occur along this woods road (Impact Site 2) The site is accessed from Poplar Grove Road near NC Hwy 105 a mayor transportation and commercial corridor Poplar Grove Road leading away (south) from Hwy 105 winds through mostly rural agricultural, open, or low density le family residential land use Impact Site 1 This site involves a small first order perennial stream (UT Laurel Fork P) adjacent to an existing gravel driveway The banks and npanan zone of this stream have been consistently maintained by the property owners by mowing and weed eating For several hundred feet above Impact Site 1 the quality and character of the small stream has been influenced by landscaping and other similar activities The quality of this stream is good despite a history of minor impacts Approximately 200 feet below Impact Site 1 UT Laurel Fork P flows into the main stem of Laurel Fork Impact Site 2 This site involves a small intermittent stream flowing through a wooded area The site consists of an existing woods road that was constructed at least 25 years ago The graded width of the existing road vanes from 10 feet wide to 25 feet wide The woods road crosses UT Laurel Fork Int at Impact Site 2 An 8 inch clay pipe approximately 24 feet long was installed years ago but has become clogged at times and a gully has formed across the woods road from periodic high flow events The clay pipe currently conveys base flow Immediately below the woods road there is an eroded area approximately 6 feet deep with unstable vertical banks Two sections of the 8 inch clay pipe were undermined and lay in the bottom of the gully, only 16 feet of clay pipe is currently functioning Approximately 80 feet below the woods road UT Laurel Fork Int flows into a wetland and into Laurel Fork 3b List the total estimated acreage of all existing wetlands on the property 0 012 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property The project site contains approximately 200 linear feet of perennial stream and 40 linear feet of intermittent stream 3d Explain the purpose of the proposed project The project purpose is to install utility lines from proposed student housing units to the proposed waste water treatment plant (WWTP) and from the WWTP to various drip irrigation fields where the treated effluent will be discharged The project also involves construction of an access road necessary for or the installation and maintenance of the utility lines Page 4 of 13 PCN Form — Version 1 3 December 10 2008 Version 3e Describe the overall project in detail including the type of equipment to be used The overall project is to develop a multi family residential facility designated for student housing project will occur on two tracts of land purchased by the Applicant and easements obtained by the Applicant from adjacent land owners to allow for access between the two tracts The project site is not served by municipal water or sewer, the Applicant has planned and received most of the approvals for an on site water and sewer system This application is for a N WP 12 and WQC 3884 to authorize impacts to jurisdictional waters, at two locations associated with the installation of utility lines and the construction of an access road (See Avoidance and Minimization Section for extensive description of the project) Typical equipment will be used as part of site development trackhoe backhoe bulldozer, and dumptruck 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? Comments All wetlands on the Cottages of Boone prolect site and acquired easements have been delineated and the ® Yes ❑ No ❑ Unknown boundaries have been confirmed by the USACE This included both streams proposed to be impacted in this PCN UT Laurel Fork P is shown as Stream 1 in the JD report and UT Laurel Fork Int is shown as Stream 2 in the JD report 4b If the Corps made the jurisdictional determination what type El Preliminary ®Final of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company ENV ECS, Inc Name (if known) John Vdas /Sean Martin Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation All documentation for the Capstone property has been submitted and approved by USACE stream ID forms for UT Laurel Fork P (S 11 and UT Laurel Fork Int (S 2) are attached along with a copy of the JD approval letter 5 Project History 5a Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b If yes explain in detail according to help file instructions A PCN for a NWP 3 (WQC 3883) was submitted to USACE on May 14 2012 Written authorization from NCDWQ was not required for proposed activity but a courtesy copy of PCN was sent to DWQ The proposed work involved maintenance upgrade of two existing pipes within DOT jurisdiction Both pipes were outside of the Cottages of Boone project boundary but stormwater runoff was anticipated to impact both pipes and DOT made the pipe upgrades a condition of the driveway permit No permanent impacts were proposed temporary impacts were 0 0023 acres of wetlands and 20 linear feet of streams Total impacts to streams and wetlands associated with both PCN s will be 39 linear feet of permanent stream impact 45 linear feet of temporary stream impact and 0 0023 acres of wetland impact 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 5 of 13 PCN Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la 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 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ —non 404 other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 0 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 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non -404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ®T Pipe and temp p p UT Laurel Fork P ® PER ❑ INT ® Corps ® DWQ 6 30 perm and 10 temp S2 ® P ® T Pipe and temp UT Laurel Fork Int ❑ PER ® INT ® Corps ® DWQ 4 9 perm and 15 temp S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑Corps ❑ INT ❑DWQ 3h Total stream and tributary impacts 64 lin ft 31 Comments UT Laurel Fork P (S 1) will be permanently impacted by a 30 foot long pipe for an access road and temporarily impacted by installation of a grade control structure and construction activities UT Laurel Fork Int (S 2) will be permanently impacted by installation of -a 25 foot long pipe (replacing an existing 16 foot long pipe) for an access road and temporarily Page 6 of 13 PCN Form — Version 1 3 December 10 2008 Version impacted by stabilization of an eroded bank at the pipe outlet and construction activities 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) 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 51' Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction Page 7 of 13 PCN Form — Version 1 3 December 10 2008 Version 6 Buffer Impacts (for DWQ) If protect 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 ❑ Other ❑ Catawba ❑ Randleman 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) 61 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h Total buffer impacts 61 Comments D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing protect The proposed protect has been planned from the beginning to avoid and minimize impacts to )unsdictional waters to the maximum extent practicable The Applicant initiated an environmental consultant near the binning of the planning stage for the project to perform a wetland delineation and advise regarding potential permit issues Consequently, the pro has been designed so that the vast majority of the land disturbing -lect activities will be located in upland areas well away from any streams or wetlands The only impacts are associated with utility line installation and maintenance access and two existing pipe upgrades required by NCDOT as a condition of the driveway pennrt The DOT pipe replacement impacts have been addressed in a separate application for a NWP 3 submitted to the USACE on May 14 2012 Utility Line Impacts The Cottages of Boone project involves development activities on two tracts of land separated by a narrow corridor, through which the Applicant has obtained an easement All of the roads and buildings associated with proposed student housing are located on Tract 1 of the project Tract 2 was acquired primarily as a location for on site water and sewer systems required to serve the development The easement will allow for access between the tracts for utility lines and associated maintenance access A small perennial stream (UT Laurel Fork P) flows through the narrow corridor separating Tracts 1 and 2 There is an existing driveway also located within this comdor and adjacent to UT Laurel Fork P The easement connecting the two tracts, crosses both the dnveway and the stream (Impact Site 1) and lines up with an existing woods road on Tract 2 that leads to the proposed WWTP The existing woods road crosses a small intermittent stream (UT Laurel Fork Int) at Impact Site 2 Utilizing the existing woods road minimizes impacts by eliminating the need to construct a new access road across a sloping forested hillside Constructing an access road around UT Laurel Fork Int would not be practically feasible because the steepness of the road would make it extremely difficult if not impossible to bring in the package WWTP and a pump station would be required for the sewer line The location of the easement and crossing of UT Laurel Fork P was selected to maximize distance between a house and the easement while still allowing for usable access road to be constructed No alternative locations are available that would not also have to cross this stream and in some locations would have to cross it twice Page 8 of 13 PCN Form — Version 1 3 December 10 2008 Version Impact Site 1 This crossing has been designed with dual 30 CMP s 30 feet long with stacked boulder headwalls This design was selected as the least impacting practicable alternative A bridge was contemplated but construction of the abutments would have caused the driveway o be blocked for an extended period (unacceptable to owners), the construction would likely have impacted the stream due to proximity, and the cost was much greater Temporary impacts to the stream channel will be necessary for construction a temporary pump a round diversion and to install a log grade control structure I ust upstream of the proposed pipes Impact Site 2 The existing crossing consists of an 8 by 16 long clay pipe that was installed many years ago This pipe has apparently become clogged or was overwhelmed at times and water flowed over the road creating a small gully in the road and a large gully with steep eroding banks below the road The crossing was in fact approximately 24 feet long initially but two 4 foot long sections of pipe broke off during the formation of the gully In order to repair this existing crossing, 24' CMP s 25 feet long proposed The eroded gully below the existing road will be stabilized with large boulders Large boulders will also be keyed into the streambed to prevent scour below the proposed pipes Temporary impacts to the stream channel will be necessary for construction, a temporary pump a round diversion and to install keyed in boulders below the pipes lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Permit conditions require that work be performed in the dry, therefore a pump a round system will be used at both impact sites (see detail) Work will be coordinated so that each instream activity will be completed in one day 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 El 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 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 4c If using stream mitigation stream temperature ❑ warm ❑ cool [-]cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested 4f Non riparian wetland mitigation requested 4g Coastal (tidal) wetland mitigation requested acres 4h Comments Page 9 of 13 PCN Form — Version 1 3 December 10 2008 Version 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 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 10 of 13 PCN Form — Version 1 3 December 10 2008 Version E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b If yes then is a diffuse flow plan included? If no explain why ❑ Yes El No Comments 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 15% 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan expla n why The only 404/401 permits needed to complete this project are NWP 3 (WQC 3883) and NWP 12 (WQC 3884) there is no Stormwater requirement associated with either NWP or WQC There is no local requirement to prepare a WQ SWM plan There are no other project or site characteristics such as NPDES Phase II or Watershed that would trigger a WQ SWM plan The project will meet all local stormwater quantity standards and will also obtain a NCG 010000 for construction activities 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? ❑ Phase II 3b Which of the following locally implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties 4a Which of the following state implemented stormwater management programs apply ❑ HQW ❑ ORW (check all that apply) ❑ 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 regwreme, its? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 11 of 13 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? lb 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 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 ) ❑ Yes ❑ No Comments 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 ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B 0200)? 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 El Yes No additional development which could impact nearby downstream water quality 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 The Cottages of Boone project will utilize on site waste water treatment and disposal The proposed facility will include an on site package treatment facility and drip irrigation disposal This facility has been designed and permits have been submitted to DWQ APS under Application #WQ0035784 Page 12 of 13 PCN Form — Version 1 3 December 10 2008 Version & Endangered Spedes and Designated Critlaal Habitat (Corps Requirement) 5a Will On project occur in or near an area with federally protected species or hWxW ❑Yes ® No 5b Have you checlod with the USFWS concerning Endangered Species Act ❑Yes No impacts? 5c if yes Indicate the USFWS Field Office you have contacted ❑ Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS daMhM for UE mows in NCANAm oa county 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitat? 1 ❑ Yes ® No 6b What data sources did you use to de2etmure whether your site would impact Essential Fish Habitat? SOM Atlantic Habitat and Ecosystem IMS digital database ocean floridamanne om 7 Historic or Prehistoric Cuibual Resources (Corps Requirement) 7a Will this project occur in or now an area that the state federal or tribal status (em g Natiorrai designated Trust hftft or cultural preservation nation or properties significant in ❑ Yes ® No North Carolina history and archaeology) 7b What data sources did you use to determine whetter your site would impact historic or archeological resources? National Register of Historic Places www hoc ncdcx aov/digitallNCHPO Diodal Start Pane 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMAAesrgnated 1001ear floodplarn? -T-Oyes ® No 8b If yes explain how project meets FEMA requirements ft ha scurne(s) did you use to matte the ftodptaln determination? Town of BoonelWatauoa County Flood Maps and GIS John C Was Agent 6-12012 Applicant/Agent's Printed Name Apphcen / Snature Date y4lenft s valid oW it an nutliorke*m letter tram the appkw t Page 13 of 13 PCN Form — Version 13 December 10 2008 Version Agent Authonzahon Form Project Cottages of Boone Date 7 - 31- ► z Property Tract 1 and Tract 2 of Cottages of Boone Project Site including all Rights of WU and Easements associated with the �Qr lect Parcel ID Watauga &MM # DB/Page 1(o5z1pgV Street Address dap /Q, G1ti�t Reek Owner Cdr — i3wu, 1. cc — � � %vi• //`s Address y3/ 60,V",t R.4 iif i3 v.h .� 4., r, 41 3S z Z 3 Phone ;2c,5-- 6, z - I /o .1 The Undersigned registered property owners of the above noted property do hereby authorize Mr John C Was of ENV Environmental Consulting Semces, Inc to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached certify the above information submitted in this application is true and accurate to of my Knowledge 4 a r Signature Printed Name 513 1 Date Map Name: Unknown Scale: 1 inch = 2,000 ft. Horizontal Datum: NAD27 Print Date: 06/01/12 Map Center: 036.2048067' N 08 !i l ti d. y ,( �' » 14 Z CD Nit v -,swi • .,f •• .,. ;`�' j t( , .1 pew. ��; .� �. 1 a l'' 1 e i; .v c '• Z CO j }I ' O Gi alr fern 1 220 1 a Feachp`s J / ' v� .: ;• ,/ Capstone Development Site Cottages of Boone HO ap' ° Zo ' C l `,' ✓ ' O Impact Sits 1 CD 0 °` f, _ Impact Site GAk o \Itts t Rift CD , ��. -. 1 �Wu>ilirr'., i.em , J 7. o j / C C 19 , Ea (s'i I 081.720 000° W 081.710 000° W 081.700 000° W 081.690 000° W SCALE 1:24000 0 1000 2000 YARDS Watauga County, NC Page I of 1 http: / /www.wataugacounty.org/ias/ arcgismaps /PrintMap.aspx ?pageType =A... 5/31/2012 .f �M It � Ill• � '� \ hill � t 0" tape9 \\X, li `TRe Ilu Xnp&ct Site z� ��\ \ Impact Sit. z VARRCl TRACT a I I \ \ \ \ \ \ \ \ \ \ \ \\ tl�l'wiilm r� 'rr .:a:daz'aa� � 11 IN P!.1:11ect 31 COTTAGES OF BOONE ... 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Proposed Impact Site #1 will occur at the approximate location of the yellow lines. A dual 30 "x30' long CMP is proposed to be installed for the access road utility lines will be trenched under pipes. Photo 2: View looking south at Impact Site #2 (S -2). UT- Laurel Fork -Int flows left to right. Overflow gully runs across woods road and severely eroded area is on the right with top edge marked by pink flags. Limits of access road will be roughly the yellow lines. A dual 24 "x 25' long CMP is proposed. U S ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action I D 2012-00428 County Watauga U S G S Quad. NC Boone NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner /Agent Capstone Companies, Amanda Wallis Address 431 Office Park Drive, Birmingham AL 35223 Telephone No 205 -612 1107 Property description Size (acres) Approximately 70 acres Nearest Town Boone Nearest Waterway UT to Laurel Fork River Basin Watauga Coordinates 36 20032/ 9170009 hydrologic Unit Code 06010103 Location Description The site is located off Poplar Grove Road, Boone Watauga County North Carolina The site is comprised of two tracts and two easements Indicate Which of the Followmg Apply A Prehmmary Determination Based on prelumnary information, there may be waters and wetlands on the above described property We strongly suggest you have this property mspected to determine the extent of Department of the Army (DA) junsdiction To be considered final, a junsdictional determination must be verified by the Corps This preliminary detennmation is not an appealable action under the Regulatory Program Administrative Appeal Proms (Reference 33 CFR Part 33 1) ) 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 B Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 X There are waters and wetlands on the above described property 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 _ We strongly suggest you have the waters and wetlands on your property delineated Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be venfied by the Corps _ The waters and wetlands on your property have been delineated and the delineation has been verified by the Corps We strongly suggest you have tlus delineation surveyed Upon completion, this survey should be reviewed and venfied by the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years X The waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on April 27, 2012 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 There are no waters of the U S to include wetlands present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our published regulations this determination may be roped upon for a period not to exceed five years from the date of this notification Action Id 2012 -00428 1 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this determination and/or the Corps regulatory program please contact Tasha McCormick at 828-2717980 C Basis For Determination The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual Eastern Mountain and Piedmont Region These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks The stream channel on the property is an unnamed tributary to Laurel Fork which flows into the Watauga River The Watauga River is in the French Broad Holston Watershed and ultimately drams to the Gulf of Mexico Specifically the Watauga River joins with the North Fork Holston River to form the Holston River The Holston River merges with the French Broad River to form the Tennessee River The Tennessee River drams to the Ohio River then to the Mississippi River before entering the Gulf of Mexico D Remarks This jurisdictional determination verifies Waters of the U S within Tract 1 Tract 2 Inset A and Inset B as shown on sheets 1 and 2 of the plat titled Recombination Survey for Capstone Companies dated April 17 2012 This junsdictional determination is not valid for any areas outside of the specific tracts listed above Jurisdictional Waters of the U S are located adjacent to and outside of the tracts described above and were observed durmg the Corps on site investigation. Additional delineation and jurisdictional determination efforts should be undertaken prior to any development activities occurring beyond the tracts identified above F Attention USDA Program Participants This delmeation/determmation has been conducted to identify the limits of Corps Clean Water Act jurisdiction for the particular site identified in this request. The delmeation/determmation 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 %ervice pnor to Starting work F Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B above) Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331 Enclosed you will find a 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 Attn Jason Steele Review Officer 60 Forsyth Street SW Room 1 OM 15 Atlanta, Georgia 30303 8801 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 3315 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 June 26 2012 * *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 Official Tasha McCormick Issue Date April 27, 2012 Expiration Date April 27,201 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 the Customer Satisfaction Survey located at our website at http /lpefZ.nwp usace army Mg urvey html to complete the survey online CF ENV Environmental Consulting Services Inc Attn John Vilas 3764 Romutger Road, Banner Elk, NC 28604 Peggy and James L Vannoy 55 Woodland Dnve Apt 106 Vero Beach, FL 32962 3719 Gary M Henson 1353 Poplar Grove Road Boone NC 28607 2A:-ri-&vpe, NC DW Stream Idenhficahon Form Vers><on 411 Date to o 2 o i 1 Project/Site C S A- AV- Latitude Evaluator Y y� County L.ongdude Total Points airele one) Ot1er5f (jqA- 2 Stream is at least mtarmrYtant ' 'j 1 s Ephemeral Irrtennitberrt erennw e g Quad Name d 2 19 or renmal d 2 3d 2 3 A Geomorphology Subtotal = S Absent Weak Moderate Strong 1 Continuity of channel bed and bank 0 1 2 3 2 Sinuosity of channel along thalweg 15 1 2 3 3 In- channel structure ex riffle-pool step -pool ripple-poolsequence 0 © 2 3 4 Particle size of stream substrate 0 05 2 3 5 Active/relict floodplam No = 0 1 2 3 6 Depositional bars or benches 1 2 3 7 Recent allumai deposits 0 CD 2 3 8 Headcuts 0 1 2 3 9 Grade control 0 05 Notes 1 5 10 Natural valley 0 0 5 1 11 Second or greater order channel 6b = Yes = 3 arfikud drt hes are not rated see doc ussions in manual B Hydrology (Subtotal=--Z'5 ) 12 Presence of Baseflow 0 2 3 13 Iron oxidizing bacteria 0 1 2 3 14 Leaf litter 15 1 0 0 15 Sediment on plants or debns 0 1 1 15 16 Organic debris Imes or piles 0 05 1 1 5 17 Sal -based evidence of high water table? No = 0 Yes r 3 C Biology (Subtotal = la "715) 18 Fibrous roots in streambed 3 1 0 19 Rooted upland plants in streambed 2 1 0 20 Macrobenthos (note diversity and abundance) 0 2 3 21 Aquatic Mollusks 1 2 3 22 Fish 05 1 15 23 Crayfish CID 05 1 15 24 Amphibians 05 1 15 25 Algae COD 0.5 1 is 26 Wetland plants in streambed FACW = 0 75 L = 15 Other = 0 perennial streams may also be identified using other methods See p 35 of manual Notes Sketch UT- La.ure 11 =eric- Nf" IIWA CtrpAm Idpnfifimtmn Form Veninn 4 11 Date l io x Prq*aite {,p n Latitude Evaluator �ryti County :1JO�+A,�J.C`G Longitude Total Points Stream Determination (oi Other �J►�t Stream is at least intermnent 0 -7 S • Ephemeral Intermrtte rennia e g Quad Name S t If z t! or ►ennual d a 30 2 3 A Geomorphology (Subtotal = Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 2 3 2 Sinuosity of channel alor g thaMieg 0 1 2 3 3 In- channel structure ex nfAe -pool step -pool npple-pool sequence 0 1 1 3 4 Parbde size of stream substrate 0 1 2 3 5 Activetrelict floodplain 0 1 2 3 6 Depositional bars or benches 0 1 2 3 7 Recent alluvial deposits 0 1 2 3 8 Headcuts 0 FACW = 0 7jpOBL 2 3 9 Grade control 0 05 C3 15 10 Natural valley 0 05 CT 15 11 Second or greater order channel o = Yes = 3 a arMoat ditches are not rated see discussions in manual B Hydrology Subtotal = 12 Presence of Baseflow 0 1 2 3 13 Iron madong bactena a 1 2 3 14 Leaf litter 15 1 05 0 15 Sediment on plants or debris 0 0 1 15 16 Organic debris lines or piles 0 Qp 1 15 17 Soil -based evidence of high water table? No = 0 Yes = 3 C Biology (subtotal= -I 18 Fibrous roots in streambed 2 1 0 19 Rooted upland plants in streambed 2 1 0 20 Macrobenthos (note diversity and abundance) 0 1 3 21 Aquabc Mollusks 1 2 3 22 Fish (0 05 1 15 23 Crayfish 0 1 15 24 Amphibians 0 C OV 1 15 25 Algae 1 15 26 Wetland plants in streambed FACW = 0 7jpOBL =1 5 Other = 0 pereroiiai streams may also be identified using other melhoda See d 35 of maf Notes Sketch �2 L u�1 ,7C � it'