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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 ,_: ~;,; s F R :-i - - Y (ro, ,~ ~~r~~, i, ~: ~%-~ ~` ~~ ~» v~ ~t'n ~ ~d i, ~~;/ e,~ <~,l;;I '',,~~ , < ~~~ O6-a~a9 Us 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 r r, o •., 00 M ~ W Q z J Q U I- Z H Z U Z Y U Q lL } W J_ N N LL O O O O O V 0 0 N 0 0 0 T ~~ _o T~ v '~> ~ .y ~4 ~~ .a ~. ~o ~° vU 0 ~ z a~ ~o m 0 0 v 0 d e~ a = w~ .d -s zS ~~ ~ ~ ~I ^) ~ ~ nl ~ . a \ ~ ~ • ~ \ . \ , g / ~ / ~I \ J \ ~ ,~ , ~I ~ -" ~ ~ o ~ ~ ~ \ \ vl i a W t ~ W ~ ~ ~ ~ ~ LL Z y ~ O L y Z ~ ~ ~ o LL J uq^ _ < ~ j^¢' ~ U ~ ~ W ~ ~ ~ J LL o > ~ y ~ ~ ~ F LL Z a Z ~ 4 4 O ~~ a N~~ ffi ~ ~u 0 9 = U ~' ~ U O p~ y ~ i~ ~i W a rr a m ~C W o ~~ o 0 ~ ~ 5 ~' ~' o ~ ~ k ~ a a W a J~ N m ~ ~ ~ ~ ~ ~ ~ ~:~- 1 w o~w W h ~pU O W y ~ a ¢ U~LL LL W a~o O 2 ~U ~wroa &~ ~oLL~ o ~ ~~z ~~LL Z... W ¢za~ 3~° Ow°w~ E~yz o°t~~ ~Na OCOUW ZEw~¢ FONI=--Z wmo~~° ,,, - ~~ ,, z Zz o~aW ~ww~ / ~ / • ~ ~w~ ~°in~ °QOUW / ~ ~ ~ ~... ~ '~ r ` ' FONrZ waiy3~ .; \ '~"~w ~ \~ Y '! 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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