HomeMy WebLinkAbout20060784 Ver 3_401 Application_20070726
Fish and Wildlife Associates, Inc.
PO Box 241
Main Office at: Tel (828) 497-6505
25 Water Tower Lane W~11tt1eP, NC 287$9 Fax (828) 497-6213
Whittier, NC 28789 ~~ ~ ~~~~ ~,~ Email fwaC dnet.net
July 23, 2007
EAYMEIVT
RECa IVED
Cyndi Karoly
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Cyndi:
Enclosed are five copies of the permit application for the Slab Town Road Project in
Cashiers. I have included a large size copy of the stormwater plans as well as 17x 11
copies with each packet. A copy of a qualified letter of acceptance by NC EEP is
attached as well for part of the mitigation. I will send Kevin Barnett a copy directly.
Sincerely,
~Arw•~
Pamela M. Boaze
President
Cc: Kevin Barnett
Lori Beckwith
David McHenry
Roland Pugh/Jerry Morrison
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Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
t'}~~M ENV
I. Processing ,-
RE~,~IVED
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
2. Nationwide, Regional or General Permit Number(s) Requested: NW 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ^
~.
~..- ~ a....:; ~
II. Applicant Information ~ ~<~ ` - ~ 4
a
,~ ~ ~_•
1. Owner/Applicant Information
Name: Roland Push and Jim Bryson >,~,tir; ~-~, . r:~~ 6,~ ,,.,; ~-y:
Mailing Address: 600 Hawks View Road '~. ~ ~ 1g ~' . ~ ~ `l ~' ~ ~,~ ~' ~~ rnc,
Cashiers NC 28717
Telephone Number: 828-743-2023 Fax Number: 828-743-3652
E-mail Address:
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
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: Slab Town Road
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Jackson County PIN 7572-02-9163
4. Location
County: Jackson Nearest Town: Cashiers
Subdivision name (include phase/lot number): Slab Town Road Site
Directions to site (include road numbers, landmarks, etc.): West of Cashiers on Highway 64,
0.6 mile from the intersection of 107 & 64 to the~project entrance. The tract is bordered by
Slab Town Road and Hi hway 64 on the west and south sides respectively.
5. Site coordinates, if available (UTM or Lat/Long): 35' 12.728" N 83' 7.763" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 10.46 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary of Cashiers
Lake and Chattooga River
8. River Basin: Savannah
(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: See attached
Page 6 of 1 Z
10. Describe the overall project in detail, including the type of equipment to be used:
Project consists of 10 commercial units, parking and associated utilities. The anchor store
will be a grocery Equipment necessary for construction includes, track hoe, backhoe,
bulldozer, dump truck and other heave equipment necessary for compaction and installation
of utilities and pavement.
11. Explain the purpose of the proposed work: The purpose of the project is to~rovide essential
services for the Cashiers Community.
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.
Permits for this project have been submitted twice in the past two nears, but were withdrawn or
returned as being_incomplete.
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.
None
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
1. Provide a written description of the proposed impacts: See attached
Page 7 of 12
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Portion of 13 Fill 0.0008 no 25 Bog
16 Fill 0.027 no adjacent Bog
17 Fill 0.0001 no 25 Bog
18 Fill 0.051 no 60 Depressional wetland,
caused b blocked culvert
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, sepazately list impacts due to both structure and flooding.
** 100-Year floodplains aze identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gnv.
* * * List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.445
Total area of wetland impact proposed: 0.0789
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
leases eci )
Stream 3 Impact culvert 264 UT to Chattooga River 12" Intermittent
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, eta If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us~s.~ov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topoz_one.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 264 linear feet
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact *
Type of Impact Area of Name of Waterbody Type of Waterbody
Site Number Im act if a licable (lake, ond, estua ,sound,
Page 8 of 12
indicate on ma) acres) ba ocean, etc.)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dred~in~.
flooding, drainage, bulkheads, etc.
5. 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.):
Size of watershed draining to pond: Expected pond surface azea:
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.
See attached
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 lineaz feet of total impacts tp perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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.
Page 9 of 12
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 NCWRP 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/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.
See attached plan. Mitigation will consist of both preservation of remaining streams and
wetlands as well as payment into In Lieu Fee Progr~NC EEFZ
2. Mitigation may also be made by payment into the North Carolina. Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 124
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.25
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federaUstate) funds or the use of public
(federal/state) land?
Yes ^ No
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 ^
Page 10 of 12
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ^ No ® If you answered "yes", provide the following information:
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* s uare f t) Multiplier Mttqu t on
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
XI.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Stormwater (required by DWQ)
Describe impervious acreage (both 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.
See attached information
Page 11 of 12
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.
Sewage will be handled by the proposed sewer line extension.
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
XIV. 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).
~z~
Applicant/Agent's Signature date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
ENVIRONMENTAL EVALUATION
BRYSON LAND LLC -SLAB TOWN ROAD
CASHIERS, JACKSON COUNTY, NORTH CAROLINA
Site Description
Located in Jackson County, the project site is a roughly rectangular piece of land that has
road frontage along US 64 west of Cashiers as well as frontage along Slab Town Road.
The site is 10.46 acres in size and has been previously used for commercial business.
There are two residential outparcels on Slab Town Road toward the northern end of the
tract. Most of the land to west of the parcel is wooded interspersed with some residential
development. To the east, there is one residence, a cell tower, and undeveloped forested
land. To the south, there is a church on the other side of US 64. Appendix A contains
maps of the project area.
Purpose of Project
The owners propose to develop the tract at 51ab Town Road commercially to include one
anchor store (grocery) and nine smaller retail stores of various sizes. In support of the
commercial development, the project includes a private water line from a well at the
northern boundary of the tract to the facilities on the southern portion of the tract. Also,
Bryson Land LLC has entered into an agreement with TWSA to lay sewer line across
their tract and adjacent land to tie into the line on US 64 about '/4 mile east of their
property. The sewer line will be gravity feed and will eliminate the pump station at the
residential development on the west side of Slab Town Road.
Alternatives Analysis
This tract of land has a history of unsuccessful commercial development. The current
owners designed the layout to provide an anchor store that would draw people to the
center and a number of variable sized facilities to attract both professional and retail
businesses. The natural resources on the site were assessed and several designs were
considered. .
Avoidance
The Slab Town Road Development Site is a linear tract with approximately 400 feet of
road frontage on US 64, the major highway, and 1440 feet of interrupted road frontage on
Slab Town Road, a secondary road. The anchor store for the proposed development will
be a grocery store. Since the anchor store is the attracting force that draws customers to
the development, it is preferable to have exposure to the major route for vehicular traffic.
The size, utilities, and parking for the anchor store dictate the layout to a large degree. It
is preferable, but not absolutely essential, to have the long axis of the building situated
with the contour rather than the slope of the land, as the building must be level. Access
roads to the front and rear of the store are needed for customers, deliveries and trash
removal. Utilities and stormwater management must also be accommodated. Given
these constraints, various layouts were.considered.
The preferred location was one that faced US 64 with sufficient space for a delivery road
behind the store including turning space for large delivery trucks. Ten additional
facilities were planned, but this was reduced to nine after various minimization and
mitigative measures were considered.
To completely avoid all aquatic resources on the site would eliminate 4-5 of the proposed
retail stores, 1/3 of the retail space on the tract, and I/2 of the parking. Due to the
configuration of the tract, the anchor store had to be set back to the wider portion of the
tract, resulting in impacts to wetlands and streams.
Alternative locations for the anchor store that were considered include the following.
Placement of the store such that it faces Slab Town Road with entrance off Slab Town
Road was considered an impractical alternative as it would not have visibility from the
major highway. The southern end of the tract where there are no streams or wetlands is
not sufficiently wide to allow for a road behind the building and parking in front of the
building. Placement of the building at the wider portion of the tract results in impacts to
the wetlands from the parking or the building footprint.
No other type of anchor store was considered for the development. However, most
anchor stores pose the same problem of size, exposure, parking, etc.
Minimization
In order to quantify the actual impact to natural resources on the site, wetland and stream
delineation was performed in Apri12007. Nineteen wetlands and three streams were
delineated. The total length of the streams on the tract is 9921ineaz feet. The total
wetland acreage was 0.4478.
The 2007 plan calls for 10 buildings. Impacts from this proposed layout would include
piping 2641inear feet of stream and filling 0.0728 acres of wetlands. One building has
been eliminated from the northern portion of the tract. The elimination of this building
reduced the wetland takings and one stream crossing.
Design elements also helped to minimization impacts. The anchor store and the other
lazge building will shaze parking to minimize the amount of area converted to impervious
surfaces. This will be accomplished by having a restaurant, dinner theater or business
that operates in the evening. Hence, the use of parking will alternate between daytime
customers and evening customers.
2
Stormwater management will be handled by bio-retention cells interspersed at different
levels throughout the parking areas. This will minimize impacts to the streams and
wetlands in the northern part of the tract by eliminating the need to place a stormwater
retention pond or extended wetland in the area of existing wetland/streams. There are
several benefits to the bio-retention cells in prominent locations throughout the parking
areas. First, the bio-retention cells will be very visible. To promote an aesthetically
pleasing facility, maintenance of these areas including trash removal and proper
functioning will be a higher priority to the shop and development owners. Second, the
placement of vegetated cells will help to keep the parking area cooler during the summer
months. Third, it will provide some transpiration and water retention that was lost by
removal of the original vegetation.
Existing Conditions
Vegetative Communities
The southern portion of the tract had been cleared and filled previously for development
of previous commercial enterprises. There is a gravel road access from US 64 onto the
tract. The northern half of the tract was previously logged and is now growing back. The
habitat in this portion of the project is swamp forest-bog complex. Dominant trees
species were Acer rubrum, Liriodendron tulipifera, Pinus strobus, and Salix nigra. The
shrub layer was primarily made up of Rhododendron maximum, Leucothoe fontanesiana,
Rubus sp., Sambucus sp., and Alnus sp. The herbaceous layer was primarily made up of
Juncus sp., Carex sp., sharp stuff, Ranuculus sp., Viola sp. Other species noted, but not
common on the project, included Corpus amomum, Trillium sp., Iris verna, and
Hexastylis sp.
Soils
Information obtained from the USDA Natural Resources Conservation Service indicate
that soils in the area of the waste site are Udorthents (south and west), Sylva-Whiteside
complex (north), and Edneyville-Chestnut complex (east). A soil map is included in
Appendix B.
The Udorthents are areas of disturbed soils as a result of filling, borrow or road building
activities. They have no established horizons or soil features typical of soil that has
developed in place.
The Sylva-Whiteside soils are found in the northern portion of the tract. The Sylva soils
are very deep and poorly drained while the Whiteside soils are moderately well drained.
This is consistent with the drainage/higher ground type of land pattern found in this area.
This soil complex often has inclusions of Nikwasi and Dellwood soils which were likely
present in the wetlands areas along the intermittent and perennial streams. Nikwasi fine
sandy loam is very deep, poorly to very poorly-drained, and has moderately rapid
permeability.
The ridges and slopes to the east and west of the Brysons Land tract had Edneyville-
Chestnut complex soils. Both are deep and well drained soils found on moderately steep
slopes and south to west facing ridgetops.
Wildlife Resources
The area is contiguous with larger forested undeveloped tracts on both sides. The
existing wildlife habitat is an open, shrubby/sapling area with small wetlands and
streams. The habitat may be utilized by birds, amphibians, and reptile. A moderate
amount of the stream substrate provides habitat for benthic invertebrates, as well as small
pools for fish. The habitat is less likely to support any small mammals due to the
4
moisture level in the soils throughout the property. Lazge mammals aze also unlikely to
be utilizing the area due to its small size and location between two highways.
No signs or evidence was observed of any mammals in the project azea. Birds observed
during the field studies included Dendroica pensylvanica, Melospiza melodic, Ictexia
vixens, Corvus bxachyrhynchos, and Pipilo erythrophthalmus. One Thamnophis sirtalis
sirtalis and many tadpoles were observed in wetland 7, which was 1 of the 3 inundated
wetlands present. Fish and benthic invertebrates were observed in portions of the
streams.
Aquatic Resources
The project is located in the Savannah River Basin, HUC Code 30601. The streams on
the project area flow into Cashiers Lake which is on the headwaters of the Chattooga
River. This is in the Tugaloo Watershed, cataloging unit 03060102. The headwaters of
Chattooga River are classified as Outstanding Resource Waters.
There are several seeps, springs and three streams on the northern portion of the tract.
The largest stream, S-1, is perennial, 4' wide and 6-12" deep with banks about 2' high.
This stream has a sand, silt and gravel substrate. It is heavily vegetated along the banks
with tulip poplar, red maple, black cherry, and rhododendron. It supports brook trout and
has an ORW Tr classification. This stream arises on the mountain to the west and flows
under Slab Town Road and across the northern portion of the project. S-1 has a total of
2201ineaz feet in the project azea. NC Wildlife Resources Commission personnel have
shocked these streams and found brook trout.
There are two smaller streams, S-2 and S-3, which arise from springs on the site. These
streams converge and flow together for 72 feet before entering S-1. The spring giving
rise to S-2 is near the well house being used by the second outpazcel/residence on Slab
Town Road. There were five wet weather conveyances that flow into this stream. S-2 is
2-3" wide, 1-8" deep, and has banks varying from 1-4" high. The substrate is sand and
gravel. Both fish and benthos were found during the field survey. S-2 is 203 linear feet
in length.
The spring that arises about 50 feet south of the first outpazcel/residence gives rise to
Stream 3. S-3 is 1-2' wide, 0.5" deep in the riffles and has banks varying from 1-4' high.
S-3 is 539 linear feet in length. Fish were present in the lower 60 feet of this stream, but
unable to utilize the shallower waters in the upper reach.
Wetlands
The wetlands and streams on the site were surveyed in 2004. At that time, all springs,
streams and wetlands were lumped together and designated as wetland resources. In
2007, the streams and wetland resources were surveyed separately and the wetlands
delineated in order to determine actual locations and impacts.
5
Nineteen separate wetland areas were delineated with a total area of 0.4478 acre (See
attached stormwater plan). The scattered pattern of small seeps and wetlands is
consistent with the Swamp Forest-Bog Complex. The size of wetlands ranged from
0.0001 to 0.18 acres. Ten of the wetlands are less than one hundredth of an acre, while
all but one of the wetlands are less than a tenth of an acre. Wetlands 5, 7, 16, and 17 are
small riparian wetlands. Coordinates for each wetland is included in Table 1.
Threatened and Endan erg ed Species
A list of federally threatened and endangered species in Jackson County was obtained
from the North Carolina Natural Heritage Program. The list for Jackson County included
4 endangered, 1 candidate, 2 threatened, and 41 species of concern. None of the 48
species were observed during the field surveys which included trips to the project area in
the fall, spring and summer.
Habitat for the 48 species was considered to determine if their presence or utilization of
the habitat would be likely. Species requiring habitat not found in the project area were
eliminated from further consideration. The list was reduced to 1 endangered, 2 threatened
and 15 species of concern which are discussed below.
FRENCH BROAD RIVER CRAYFISH
Cambarus reburrus
Status: Federal species of concern
The French Broad River crayfish is anon-migratory, pigmented, freshwater decapod.
The eyes are normal, the rostrum long and lacking marginal spines or tubercles. The
cervical spine is distinct and the hepatic region is devoid of spines. The areola are short
and broad. The chela are subquadranglular, studded with setiferous punctuations and a
single row of more than 8 tubercles along the mesial margin of the palm. In males, the
first pleopod has 2 subequal in length terminal elements.
Males are reproductively active from November to July. Females have been observed
with eggs in early May. There is no data available on brooding.
Habitat for this species is a high to moderate gradient stream with moderate flow in
headwaters. Home range probably does not exceed 150 feet. Most crayfish are benthic
feeders, but no data is available.
TAWNY CRESCENT
Phyciodes batesii maconensis
Status: Federal species of concern
The Tawny Crescent is one of the brush-footed butterflies. It is a tawny-orange above
with a wide black border. The caterpillar is brown with yellowish stripes, white markings
on the head and branching spines. The chrysalis is a light mottled brown.
6
It is typically found on rocky ridges and woodland openings at higher elevations. The
main host plant for the Tawny Crescent is Aster undulatus.
LIVERWORT
Plagiochila sullivantii vaz sullivantii
Status: Federal species of concern
This liverwort is a deep green, becoming brownish with age. The shoots aze leafy and
rarely branching. Leaf mazgins usually have with 5-10 spinose, narrow-based, sharp
teeth. It reproduces asexually by caducous leaves.
Although Pdagiochila sullivantii var. sullivantii is endemic to the Appalachians, it is
known from a fairly broad range, occurring in Georgia, the Cazolinas, Tennessee,
Kentucky, Virginia, and West Virginia.
CUTHBERT' S TURTLEHEAD
Chelone cuthbertii
Status: Federal species of concern
Cuthbert's turtlehead is an herbaceous perennial with opposite, sessile leaves and
violet-purple flowers strongly four-ranked in terminal spikes. The flowers
resemble the head of a turtle, thus the common name turtleheads.
This species is found in and adjacent to wetlands and seeps, especially at higher
elevations. It is fairly common in the Highlands and Cashiers areas. Chelone cuthbertii is
significantly rare throughout its range, making it especially vulnerable to land-use
conversion and habitat fragmentation.
TALL LARKSPUR
Delphinium exaltatum
Status: Federal species of concern
Delphinium exaltatum is known from over 100 occurrences in the central and eastern
United States, but is rare in parts of its range. Threats to this species are primarily related
to the loss of its habitat due to agricultural practices, development practices, and
succession of vegetation due to changes in natural ecological processes.
This herbaceous perennial grows up to 6'. The stems are slender and glabrous below the
inflorescence. The leaves are wedge-shaped, pale beneath and deeply 3-5 cleft. The
flowers are purple, pale blue, or lavender with a spur. The bottom petal is not divided.
Delphinium exaltatum reproduces sexually, has perfect flowers and is predominantly
outcrossing and monoecious. It flowers between July and September. Flowers are
pollinated by insects; and seeds are dispersed by wind. It requires sunlight, but may be
somewhat shade tolerant.
Habitat requirements for this species include rich woods (and edges of woods), rocky
7
slopes, semi-open woodlands, glades and prairie openings. The species is tolerant of a
limited amount of disturbance and is also periodically found along disturbed road cuts,
roadside ditches, old fields, powerline corridors and wooded fence rows. The substrate of
occupied habitat is typically dry and rocky, consisting of limestone or other calcareous
rock. The species occurs on a variety of slope exposures (south-, southwest-, west-,
north-and northwest-facing). Exposures maybe steep, receiving full sun or partial shade.
SWAMP PINK
Helonias bullata
Status: Federally threatened
Swamp pink is a perennial herb with basal, evergreen leaves, up to 12 inches long.
Flowering stems are usually 12-30 inches tall, and bear a dense terminal cluster of
fragrant pink flowers. Typically very few plants in each population produce flowers.
Swamp pink blooms from eazly April into mid-May. It is a very distinctive species and it
alone makes up the genus Helonias.
Swamp pink can occur in mountain bogs, forested wetlands bordering small streams, wet
meadows, and spring seepage azeas. A constant water supply is the most important factor
in determining habitat suitability for swamp pink.
SMALL WHORLED POGONIA
Isotria medeoloides
Status: Federally threatened
The small whorled pogonia is an herbaceous perennial with slender hairy fibrous roots.
The mature plant is a single stem with a whorl of 5-6 leaves. The color of the stem and
leaves is pale grayish green. When in bloom, a single flower forms in the center of the
whorl. The flower is greenish-yellow with agreenish-white lip. The sepals are linear to
spatulate and spread outwazd below the flower. The mature capsule is supported by a
short stalk from the center of the whorl. The stalk elongates as the capsule matures but
does not exceed the length of the capsule body. The seeds are very fine, and distribution
is usually accomplished by storm water carrying them along gentle slopes or old
roadbeds.
Habitat for this species is quite variable. They can occur in deciduous forests, pine
stands, and/or rhododendron thickets. The common feature is the spazsity of herbaceous
ground cover and relatively open understory. Hence, old logging roads aze likely places
to find this species. Like most orchids, mycorrhizal fungi are necessary for germination
and establishment of the seedlings. Usually the small whorled pogonia is found in
association with other orchids.
8
SWEET PINESAP
Monotropsis odorata
Status: Federal species of concern
The most distinctive feature is the strong, sweet odor emitted during the blooming
season. This species is frequently overlooked as it blends in with surrounding leaf litter
or even may be found underneath the leaves.
Sweet pinesap typically inhabits pine-dominated forests and pine-oak heaths and is a
monotypic, endemic species centered in the Appalachian Mountains. There is limited
potential habitat for this species offthe project along the sewer alignment.
LITTLE TENNESSEE RIVER ROSYSIDE DACE
Clinostomus funduloides ssp. 1
Status: Federal species of concern
Rosyside dace is a moderate sized dace with a later strip extending from the tip of the
nose to the tail. Breeding colors aze a broad red strip along the side. The males also have
tubercles on the top of the head and smaller tubercles on the cheeks and operculum.
The Little Tennessee River rosyside dace is a subspecies of the rosyside dace. It has
smaller scales and a shorter jaw with a less pointed snout. The lateral line scales are
usually 50-58 in this subspecies while the populations in other drainages have 43-47
lateral line scales. In general, the Little Tennessee rosyside dace is more colorfull than
the main population.
This species is typically found in small to medium streams with clear to turbid water and
moderate current. It has also been found in rocky flowing pools of headwaters, creeks,
and small rivers; most common in small clear streams. This dace spawns on gravelly
riffles with several other shiners, frequently using the nests of other fish. This leads to
hybridization. The rosyside dace feeds on small invertebrates taken in the drift.
SOUTHERN APPALACHIAN RED CROSSBILL
Loxia curvirostra pop. 1
Status: Federal species of concern
The red crossbill is a sparrow-sized bird with mandibles crossed at the tips. The male is a
dusky brick red while the female is gray tinged with dull green. Nests are a shallow
saucer shape with bark, grass and roots lined with moss and plant down. Nests aze built
near the ends of conifer branches. Three to five eggs aze laid and incubated by the
female. The male feeds the young until they leave the nest approximately 17 days after
hatching.
Habitat for this species is conifer forests and mixed conifer/hardwood. No foraging
territory is maintained. During migration and non-breeding periods, this species wanders
erratically foraging for food. At these times, they utilize more open scrubby areas,
9
brushy pastures, and open thickets. There is potential breeding habitat along the sewer
alignment off the project properly.
SOUTHERN ROCK VOLE
Microtus chrotorhinus carolinensis
Status: Federal species of concern
The southern rock vole is amedium-sized, short-tailed, brown mouse with small eyes and
ears, and ayellow-orange snout.
This species occurs as scattered populations in patches of suitable habitat in the
Appalachian Mountains. Suitable habitat is cool, damp, coniferous and mixed forests at
higher elevations in the Appalachians. The preference appears to be ferns/mossy debris
near flowing water in coniferous forests, but this species has also been found occupying
deciduous forest/spruce clearcuts (mainly recent cuts), forest ecotones, grassy balds near
forest, and sterile-looking rocky road fills. The southern rock vole occupies shallow
burrows and runways. Nests are placed under logs or in similar protected sites. They are
made of moss with a lining of grass and have multiple entrance tunnels.
EASTERN WOODRAT-SOUTHERN APPALACHIAN POPULATION
Neotoma floridana haematoreia
Status: Federal species of concern
The eastern wood rat has gray-brown fur, with darker fur down the center of the back.
The belly, paws, and underside of jaw are white. The tail is long and furry, which can
help differentiate it from other species. The have large, unfurred ears and a blunt snout.
They build stick nests and often use litter in their nests, giving them their nickname
"packrat".
This species utilizes areas with woody debris. They are often found in dry or mesic
deciduous or mixed deciduous forests including coves, bottomlands, and swamps. It
sometimes builds nests around streams. It may also utilize areas of early successional
growth and clear cuts. The nests houses are often built under rock outcroppings, hollow
trees, large slash piles, or abandoned buildings. Woodrats use a communal latrine area
and large piles of fecal material may be found. If an area has been treated with herbicides
in the last five years, it will not be found in the area.
APPALACHIAN YELLOW-BELLIED SAPSUCKER
Sphyrapicus varius appalachiensis
Status: Federal species of concern
The yellow-bellied sapsucker averages about 8 inches in length and is characterized by a
red crown and throat in the males. The females have only the red crown. The back is a
barred pattern. There are black and white stripes on the face. The white patch on the
wings when folded and the white rump conspicuous in flight are also distinctive features.
10
It breeds locally in Appalachian Mountains south to eastern Tennessee and western North
Carolina.
Preferred habitat for this species is the deciduous or mixed deciduous-coniferous forest;
in migration and winter, it is also in a variety of forest and open woodland habitats, pazks,
orchards. It prefers high elevation (over 3000 ft) declining forests, but is also found in
chestnut oak forests.
This keystone species is a primary excavator of nesting cavities that are used by other
secondary cavity nesters. The nest hole is bored by both sexes and usually located 3-14
m above ground. The yellow-bellied sapsucker generally excavates a new hole each year.
APPALACHIAN BEWICK'S WREN
Thryomanes bewickii altus
Status: Federal species of concern
Bewicks's wren is about the same size as the more common Carolina wren. Adults aze
gray to brown on the back and wings and have a whitish eyebrow. The tail is finely
barred with black, but has white outer tips. The underparts are light gray. This species
often holds its tail upright and flicks it sideways or fans it slightly.
Bewick's Wren is typically associated with woodland borders or openings, farmlands, or
brushy fields at high elevations. It is considered very rare or extirpated over much of its
former range. Little is known about the present distribution or abundance of this
insectivorous songbird. It prefers similar, but drier, locations that would be inhabited by
the Cazolina wren.
Eggs are laid in a stick nest lined with leaves, grass and feathers. The nest may be found
in any type of available cavity from abandoned woodpecker holes to tin cans. It migrates
between its breeding grounds in southern Canada to winter areas as far south as the Gulf
of Mexico.
This wren is one of the three state listed endangered species and may be extirpated from
the region. It began to decline as a breeding species in the early 1900's as agricultural
practices changed and one author suggests that its decline is related to the increase in
Sang Sparrows as a breeder during the same period (Simpson, 1978).
FRASER'S LOOSESTRIFE
Lysimachia fraseri
Status: Federal species of concern
This loosestrife has erect stems, glabrous and stout, approximately 3-4 feet tall. Leaves
are usually in whorls of 3 to 5 with lance-elliptic leaves. The infloresence is a leafy
panicle. Flowering occurs in June and seeds are mature in September to October.
11
Occurrence records of Fraser's Loosestrife are predominantly along roadsides. The plant
also occurs in wooded habitat including montane oak-hickory forest, both with sparse and
closed canopy cover, and stream side rock outcrops.
SOUTHERN OCONEE BELLS
Shortia galacifolia var galacifolia
Status: Federal species of concern
The general overall appearance of the leaves is similar to galax, but rounded rather than
cordate. The white to pinkish flowers are 1" across with five irregularly toothed petals.
It blooms during March and April.
Southern Oconee bells is restricted to the drainage area of the Keowee River in
northwestern South Carolina and adjacent regions in Georgia and North Carolina. It has a
very limited distribution but can be locally common. It is threatened by horticultural
collecting and damming of rivers. Preferred habitat is wooded ravines and streambanks
in the foothills and lower slopes of the mountains.
GREEN SALAMANDER
Aneides aeneus
Status: Federal species of concern
The green salamander is a small terrestrial salamander with flattened body, long legs, and
square-tipped toes. The adults have green lichen-like patches down the dorsal surface on
a background of dark brown or gray. The belly is pale yellowish white. This species
deposits clusters of 10 to 26 eggs on the upper walls of crevices. Adult females do not
lay eggs every year. The young resemble the adults. Hibernation is in deep
anastomosing crevices, November through March.
Habitat for this species is moist crevices on shaded rock outcrops in hardwood forests.
The adult salamander may occasionally be found on trees. Other habitat occasionally
utilized includes under loose bark and in cracks on standing or fallen trees in cove
hardwood forests. It is often found in association with the spider, Hypochilus thorelli.
INDIANA MYOTIS
Myotis sodalis
Status: Federally endangered
Indiana bat is a small bat, with very fine and fluffy hair, dull grayish chestnut above,
pinkish white underparts; membranes and ears blackish-brown, with a total length of
(75-102 mm). They are insectivores, with flying insects the typical prey items; they
forage along river and stream courses. They show a preference for water courses with a
partially open canopy.
The bats have migrating tendencies along anorth-south axis to and from summer roosts.
The bats hibernate in caves while maternity sites are in trees. Medium sized limestone
12
caves with lazge, shallow passageways and pools are preferred. Roosts usually aze in the
coldest part of the cave. Preferred sites have a mean midwinter air temperature of 4-8 C,
but bats tolerate much broader temperature ranges. In summer, habitat consists of
wooded or semi-wooded areas, mainly along streams. Solitary females or small
maternity colonies bear their offspring in hollow trees or under loose bark of living or
dead trees standing in sunny openings. Though maternity sites have been reported as
occurring mainly in riparian and floodplain forests, recent studies indicate that upland
habitats aze used by maternity colonies much more extensively than previously reported.
Proposed Sewer Alignment
The sewer alignment will consist of a 20 foot right of way which will include the sewer
line, manholes, and an access road. On the Bryson Land LLC property, the line will
cross three of the 19 wetlands, Stream 1 and Stream 2. The sewer line impacts on the
project include 0.072 acres of wetland and 401ineaz feet of stream. The sewer line will
continue offthe property and will cross two more wetlands and Stream 1, impacting
approximately 0.028 acres of wetlands and approximately 20 feet of stream. Stream 1 at
this downstream crossing is 4-7 feet wide, has 2-4 foot banks and depths ranging from 5"
in the riffles to 3 feet in the pools. The substrate is mostly sand with small amounts of
gravel.
Economic Analysis
The usual return on investments is 8-10% annually in order to be considered acceptable
and economically feasible for a project. At the Slab Town Road site, avoidance of all
impacts to wetlands and streams would reduce the available retail space by 13,000 square
feet and probably loss of pazking lots would add another 24,000 square feet of retails
space that could not be supported. At $25 per squaze foot/yeaz, this loss of revenue
would make the project not feasible. To avoid all streams and wetlands would mean a
loss of 9000-24000 square feet of retail space, which in turn is a loss of revenue between
$225,000 and $600,000 per year.
13
Anticipated Effects of Proposed Commercial Development
Soils
No effect.
Ve eg tation
Same additional loss of herbaceous vegetation and shrubs will occur. No threatened or
endangered species will be affected. The northern portion of the tract will be protected. As the
tree layer grows back, the area will become more shaded and species composition will change as
a consequence of natural succession.
Wildlife
As no habitat for wildlife exists on the southern portion of the tract, there will be no change. The
northern portion of the tract that is protected will develop better habitat for wildlife species as the
forest returns. The middle of the tract will be affected by the development. There will be loss of
habitat for those species utilizing open sunny areas and loss of some aquatic habitat suitable for
benthic macroinvertebrates, particularly odonates. Habitat for birds will shift from brushy sunny
areas to mature forest over time, accompanied by the changes in associated bird assemblages.
Aquatic Resources
There will be a loss of 2641inear feet of intermittent stream channel, one spring, and 0.18 acres
of wetland. The aquatic resources affected currently provide habitat for benthic
macroinvertebrates, but are not suitable for fish. No evidence of amphibians utilizing these areas
for reproduction was found during the several field investigations conducted in 2006 and 2007.
There will be no effect to federally threatened or endangered species. There will be no effect to
brook trout that utilize this stream at its lower reach.
Water uality
The proposed development will add to the pollutants that could potentially degrade water quality.
Car fluids and other pollutants from vehicular use of the area will become more prevalent. The
bio-retention areas that will receive the first flush of stormwater will filter mast of this material
prior to its entry into the streams. Discharge of the stormwater through level spreaders will help
to insure that overland filtration will occur as well. No adverse effects are anticipated to water
quality.
Streams
There will be a loss of 264 linear feet of stream. This resource provides habitat for benthic
macroinvertebrates as well as inputs of nutrients and minerals for the aquatic food chain.
Mitigation measures to offset this loss are discussed below.
14
Wetlands
There will be a loss of 0.0728 acres of wetlands. These wetlands provide habitat for common
hydrophytic vegetation such as bulrushes and willow. No evidence that these azeas aze being
utilized by amphibians was found. They presently provide some filtration of oil and other
pollutants from Slab Town Road.
The water supply for the project is a well located at the northern end of the property adjacent to
Wetland 1. This well was drilled on December 3, 2004 by Hedden Brothers. The well is 500
feet deep and has steel casing from the surface down to solid rock at a depth of 103 feet. No
surface water will be affected by the well and withdrawal of water for the commercial facilities.
Therefore, the well and water withdrawal will not impact the hydrology of the wetland or its
continued existence.
Fish and Benthos
The proposed project will create 5.98 acres of impervious surfaces. This will have the effect of
increased run-off of stormwater and the potential for thermal heating. The stonnwater will be
captured in bioretention cells and then in underground retention. The underground retention
serves to cool the water prior to release to the streams. All discharge of stormwater shall be
through level spreaders. These designs have been implemented to minimize thermal and velocity
impacts of stormwater into these headwater streams. No point dischazges will be made. This
will allow the water to move both overground and percolate down. This should protect stream
bank stability and also hydrate existing wetlands.
In addition to the stormwater measures, the remaining streams and wetlands will be preserved.
The vegetative cover is returning, but trees are only about 10-20 feet tall presently. If additional
coverage is needed, trees will be planted in the winter of 2007-2008. These measures will
provide protection from thermal pollution to the aquatic community. The benthic organisms will
continue to have the same water supply, both as point sources from the springs and as overland
percolation from the level spreaders dispersing stormwater.
The trout are presently utilizing Stream 1 and about 150 feet of Streams 2 and 3. These areas
will be within the azea to be preserved. The sewer line crossing will cause a temporary
disturbance to these streams, but no lasting impacts are anticipated. Stream l provides better
habitat for brook trout than Streams 2 and 3. No adverse effect on the brook trout is expected
from the commercial development as long as the northern portion of the tract is protected and the
forest is allowed to return.
Threatened and Endanf~ered Species
No threatened or endangered species were found in the project area. There is potential habitat
for a number of species, but no sign was found that this azea is being used. The portions of the
project that could support the various species considered above are the areas proposed for
preservation. Therefore, it was concluded that the project will have no effect on threatened and
endangered species. Preservation of the remaining wetlands and streams will provide habitat for
15
some of the rare plant species known to occur in the Highlands/Cashiers area and could serve as
an area for plant relocation projects after the trees have reached sufficient height.
Anticipated Effects of the Sewer Line Extension
No long term impacts are anticipated to the streams or wetlands along the sewer route. The trees
and shrubs present along the right-of--way will be removed to allow a grassed access. This will
eliminate some forested habitat while providing additional edge habitat. There will be 20 feet of
grassed area along the three stream crossings. This will not represent a change from the present
condition on the project, but will be a change for the stream bank on the adjacent tract. Stream
crossings are perpendicular to the stream and should not cause any appreciable warming of the
water.
Indirect and Cumulative Impacts
As with many of the mountain communities, the past decade has seen a great increase in the
development of residential housing, particularly second homes. The population of Jackson
County has increased by 23.4% between 1990 and 2000 with another 17.2% increase projected
for the current decade. Over 90% of this growth is due to people relocating to the mountains.
Cashiers Community reports that they have a resident population of 1700 in the winter months
which increases to 10,000 in the summer.
This growth has been accompanied by an increase in commercial development to support the
population. The proposed project is a direct response to the growth of the community.
Development has led to loss of forested habitat, streams and wetland resources, and permeable
surfaces.
The extension of the sewer line is not expected to increase the development in the area.
Tuckaseigee Water and Sewer has already sold 80+% of its capacity for the sewer plant in
Cashiers. This plant discharges to the Chattooga and the discharge cannot be increased. The
sewer line is presently at capacity and no new connections will be taken.
Jackson County is presently under a 6 month moratorium on sub-division development. New
regulations are being formulated to minimize impacts to the environment and provide guidance
for developers. Since the sub-division development contributes significantly to cumulative
impacts, the Board of Commissioners is taking steps to reduce loss of aquatic and terrestrial
resources. The Bryson Land LLC development does not fall under this moratorium.
16
Mitigation
Anticipated impacts to the site include filling of 264 linear feet of stream, one spring, and 0.0728
acres of wetlands. Mitigation for these takings will be a combination of preservation and In Lieu
Fee. The remaining 698 linear feet of streams will be preserved. We are asking that the credit
for this preservation be granted in the ratio of 5:1 because these are streams in Outstanding
Resource Waters and also support brook trout. Bryson Land LLC will pay into the In Lieu Fee
program for 1241inear feet of stream. The remaining 0.375 acres of wetlands on the tract will be
preserved. In addition, Bryson Land LLC will make arrangements to pay into the In Lieu Fee
program of NC EEP for 0.25 acres of wetlands.
To mitigate the impacts to the trout waters, the underground retention cells will be used to
ameliorate thermal effects. Vegetation along the streams will be allowed to regenerate. If any
areas do not regenerate successfully, trees will be planted by hand. Any disturbance caused
during the installation of the level spreaders will be revegetated with both herbaceous and woody
species. Summer and fall temperature monitoring in Streams 1, 2, and 3 will be conducted to
determine the effectiveness of the underground retention cells and maturation of the forest.
Temporary impacts associated with the extension of the sewer line and removal of the sub-
station will include three creek crossings and disturbance of 0.028 acres wetland habitat. All
areas disturbed will be restored to the original condition after placement of the sewer line. There
will be a 20' right-of--way for sewer line maintenance. Placement of the sewer line will be down
the middle of this alignment and the manholes flush with the ground. Access for vehicles to
make repairs will be along this ROW which will be maintained by the Tuckaseigee Water and
Sewer Authority. It is anticipated that the ROW will be grassed and mowed annually to keep
woody growth down. No herbicide application will be conducted due to the high ground water
and numerous wetlands. This will prevent any adverse impacts to the brook trout and other fish
species present.
17
~i_,l ~ . ~1~1~~1~
July ls, 2om
Roland Pugh
Bryson Land, LLC
600 Hawks View Road
Cashiers, NC 28717
Project: Slab Town Ro®d Project County: Jackson
The purpose of this letter is bo notify you that the North Carolina Ecosystem Enhancement Program (NCEF~) is willing to
accept payment for impacts associated with the above referenexd project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation fnr project impacts. I< 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. If we have not received a copy of
the issued 404 Permit/401 CertitlcatiodCA11RA permit within this time frame, this aixepfanoe wlll expire. It is the
applicant's responsibility to send copies of the permits to NCFEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment moat be made prior to conducting the authorized
work. The amount of the In Lieu Fee m be paid to NCEi~ by an applicant is calculated based upon the Foe Schedule and
policies listed at www.noeep.net.
Based on the information supplied by you the impacts that may require wmpensatory mitigation arc summarized in the
followiaA table.
Savannah
03060102 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(5q. Ft.)
Cold Cool Warm Ri Non-Ri 'an Coastal Marsh
Impacts 124 0 0 0 o.m2s o a o
Credits 248* 0 0 0 0.145bs' 0 0 0
*EEP will provide du requested mitigation credits in Nre a~ucent Savannah 03060101 caAologlreg Given the lack of
past as:tivtty i„ ~ requested unit EEP, gill use existiieg strearu credits and watlasd reatonntioR equivalents as mitigation
for the impacts.
Upon receipt of payment, EEP will take responsibility for providing the compensawry mitigation according to the above
conditions. If the regulatory agencies require mitigation credits grew ar diffeoent than indicated above, and the applicant
wants NCBBP to be responsible for the additiorol mitigation, the applicant will need to submit a mitigation request to
NCEEP for approval prior to permit issuance. Tlx mitigation will be performed in accordance with the Memorandum of
Understanding between the N. C. Department of Environment and Natural Resources and the U. 5. Army Corps of Engineers
dated November 4, 1998.
If you have any questions or need additional information, Please contact Kelly Williams at (919) 716-1921.
sincerely,
~.
Will' D. Gilmore, PE
Director
cc: Cyndi Kamly, NCDWQ Wetlandst441 Unit
Lori Beckwith, USACE-Asheville
Kevin Barnett, NCDWQ-Asheville
R~o~~... ... P~ot~;ctiru~ Ou.~ Stag
~-8~'~~`
`~
•Y„,~-
North Carolina Ecosystem Enhancement Program, 1852 Mail Sorvico Cer titer, Rater, NC 27696-1 G52 / 919-715-04781 www.nceep.net
Appendix A
Maps of the Project
18
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Streams and wetlands on Slab Town Rd Property showing potential impacts, Jackson County, NC.
Feet
Lofquist & Associates, Inc,
PLANNLNG ENGINEEWNG DESIGN
11 Citrus Drive Sylva, NC 28779 (828) 586 - 1424
June 15, 2007
Mrs. Pamela Boaze, Senior Biologist
Fish and Wildlife Associates, Inc.
25 Water Tower Lane
Post Office Box 241
Whittier, North Carolina 28789
Re: Preliminary Stormwater Management Plan for
Cashiers Commercial Village
Slab Town Road Site
Jim Bryson & Roland Pugh -Owners
Jackson County, North Carolina
Dear Mrs. Boaze:
We are writing to .provide an updated conceptual development plan'and additional
stormwater information related to the 401 permit submittal for the above listed
project. Utilizing the revised wetlands locations provided by your office, we have
revised the conceptual development plan and the stormwater management plan to
further minimize impacts. Please find enclosed a copy of the revised Conceptual
Stormwater Management Plan, dated 6/15/07 for your review.
The revised Conceptual Stormwater Management Plan concept proposes the use
of both bioretention and an underground stormwater detention system. These
would be separate, structural stormwater management devices as indicated on the
conceptual plan. The underground stormwater detention system would be sized
based on a 25 year design storm with the intent of releasing the 25 year peak
stormwater flow at a rate no greater than pre-development conditions.
Run-off from impervious areas such as pavements and roofs would initially be
conveyed to the bioretention cells. The bioretention cells would provide several,
beneficial functions. First, impounding the initial "flush" or first 1 inch of rain to a
depth of up to 9 inches in the bioretention areas would provide detention of this
stormwater assisting with lowering the peak flow rate to predevelopment
conditions. This impounded water would then infiltrate through the bioretention
soils and sand filter before being- intercepted by the underdrain system. The
infiltration process would allow initial cooling of the stormwater prior to conveying it
to the underground detention system. Because the water intercepted by the
bioretention areas would be the first flush, it would be the warmest water
discharge and would be intercepted prior to discharge to the stream_ As a rainfall
event continues; the stormwater discharge temperature would approach the
Page 2
Mrs. Pamela Boaze, Senior Biologist
June 15, 2007
temperature of the rain as the impervious surfaces continue cooling. Additionally,
the bioretention cells would aid in the removal of oils, sediments and other
potential contaminants associated with parking/roof/impervious areas through
filtration and uptake by the plantings in the cell. In summary, the bioretention cells
will provide: 1) stormwater detention to reduce peak flows, 2) cooling of the
warmest, "first flush" stormwater discharge, and 3) the potential to remove certain
pollutants. A summary of cursory bioretention size requirements is attached.
The stormwater detention system would be designed based on a 25 year storm
event to limit the peak flow discharged to the stream to the calculated, pre-
development level. The underground detention systems would be constructed of
oversized piping or might employ the use of a manufactured product such as
"Stormtech" by ADS. The underground detention system would also provide
several beneficial functions. During a storm event, the detention system would
store the initial stormwater discharge intercepted from impervious areas and
release at apre-development peak discharge rate based on a 25 year design
storm. As with the bioretention cells, the run-off intercepted by the detention
system would be the initial and warmest run-off. The use of underground detention
was intentionally proposed in lieu of an above-ground detention system for the
benefit of underground cooling of the stormwater prior to discharge to the stream.
To the extent practical, it is desirable to provide as much stormwater detention
volume within the bioretention areas as possible to maximize the efficiency of the
cooling process. Additionally, the underground detention system could provide
some degree of suspended solids or sediment removal.
There are numerous variables affecting the temperature of the stormwater
discharge such as pavement temperature, ambient temperature, rain temperature,
storm intensity and storm duration. The dual use of bioretention and subsurface
detention, will minimize the effect of the development on stream temperatures to
the maximum extent possible and will reduce peak storm discharge flows using
available technologies.
Should you wish to discuss this project in greater detail or if we can be of further
assistance at this time, please do not hesitate to call.
Sincerely,
Lofqu' sso ' e ,Inc.
ctor Lofq s
-enclosures
Cursory Approximation of Bioretenion Area Size Reduirements
Area 1:
C x Area = 0.95 x 24,840 sf = 23,588 sf
Miiiirnum Area with Sand Bed 0.05 x 23,588 = 1,180 sf
Preliminary Area Provided= 2,250 sf
Area 2:
C x Area = 0.95 x 18,731 sf = 17,795 sf
Minimum Area with Sand Bed 0.05 x 17,795 = 890 sf
Preliminary Area Provided= 1,780 sf
Area 3:
C x Area = 0.95 x 33,977 sf = 32,278 sf
Minimum Area with Sand Bed 0.05 x 32,278 = 1,614 sf
Preliminary Area Provided= 2,140 sf
Area 4:
C x Area = 0.95 x 176,854 sf = 168,011 sf
Minimum Area with Sand Bed 0.05 x 168,011 = 8,400 sf
Preliminary Area Provided= 9,730 sf
Area 5:
C x Area = 0.95 x 14,810 sf = 14,070 sf
Minimum Area with Sand Bed 0.05 x 14,070 = 704 sf
Preliminary Area Provided= 1,000 sf
Area 6:
C x Area = 0.95 x 35,284 sf = 33,520 sf
Minimum Area with Sand Bed 0.05 x 33,520 = 1,676 sf
Preliminary Area Provided= 2,760 sf