20080398 Ver 1_401 Application_20080208

08 0398
Fish and Wildlife Associates, Inc.
25 Water Tower Lane • P.O. Box 241 • Whittier, NG 28789
Phone: [phone] • [phone] • Fax: (8`28) 497-6213
Email: [e-mail] • Web: www.fishandwildlifeassociates.com
February 27, 2008
Ms. Cyndi Karoly
Wetlands/401 Water Quality Certification Unit
North Carolina Division of Water Quality
Mail Service Center 1650
Raleigh, NC 27699-1650
Dear Ms. Karoly:
Fish and Wildlife Associates, Inc. (FWA) has prepared the attached 404!401 permit application
for the Muse 23/74 West Project, or Peddler's Square in Haywood County, Waynesville, NC.
This permit addresses the NOV Restoration Plan developed for Muse in 2007. We have included
5 copies for your review.
Please let us know if you have any questions or need further information.
Sincerely,
'~ ~,~t-f~"0 0~ ~ 0 0' "
Barbara Wiggins
Attachments
CC: Mr. David McHenry, NC Wildlife Resources Commission
Lori Beckwith, US Army Corp of Engineers
Troy Muse, Muse 23/74 West LLC
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FEB 2 9 2008
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yy~'LANDS AND STORMWAYER BRANCH

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Office Use Only: Form Version March OS
08 0398
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information D ~ ^ ~ ~~~
1. Owner/Applicant Information (~ D
Name: Muse 23/74 West LLC. FEB 2 9 2008
Mailing Address: PO Box 716 'Tro N,ub.e~
Clyde. NC 28721 wrn awns own STf1RMNA1'ER BRANCH
Telephone Number: 828-452-5507 Fax Number:
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: Barbara Wiggins
Company Affiliation: Fish and Wildlife Associates Inc.
Mailing Address: PO Box 241
Whittier NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
• E-mail Address: twa~cr)dnet.net
Page 1 of 8

• 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: Peddler's Sauare
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7694-44-1$67
• 4. Location
County: Haywood Nearest Town: Waynesville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): South on US 23 & 74
from Waynesville go past Peddler's Square on the left, take the next approved U-Turn
intersection (Old Balsam Rdl and turn left to return to the access road on right.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.45397 °N 83.05091 °W
6. Property size (acres): 9.51 acres
7. Name of nearest receiving body of water: Richland Creek and Drift Creek
8. River Basin: French Broad Watershed
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc.us/admin/mans/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Pasture and barn replaced by commercial buildings on the
• site• ad~ jacent land uses include crop residential, orchards. commercial developments.
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used:
Construction of commercial buildings grading and fill to bring_property levels fill, restore or
impact wetlands on the property Equipment includes backhoe graders dump trucks and
other 'na equipment
11. Explain the purpose of the proposed work: Level the project site for parking and
commercial buildin~Land storage units
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.LP. project, along with
construction schedules. Site was cited by DWO for violations of water quality, permit, and trout
buffer impacts Attached is the proposed restoration ,plan developed to address this violation to
the streams and wetlands on the project site
V. Future Project Plans
Are an future ermit requests anticipated for this project? If so, describe the anticipated work,
Y P
and provide justification for the exclusion of this work from the current application.
No future permits are e~cted The undeveloped west portion of the site will be covered by this
permit and will be built with its own stormwater wetland for post-construction control. These
plans will be submitted when the project becomes feasible. Currently access to this portion has
not been allowed by NCDOT and will remain undeveloped until access is obtained from
NCDOT or the adjacent property owner
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly. identifable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
• space is needed for listing or description, please attach a separate sheet.
Page 3 of 8

1. Provide a written description of the proposed impacts: Detailed descriptions of
• impacts aze included in the Restoration Plan submitted in response to the NOV. Includes
trout buffer nlanting~un_pacts temporary Culver installation fill of wetlands restoration of
wetland stream bank repair and plantings.
2. Individually list wetland impacts. Types of impacts include, but aze not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
- _
Wetland Impact
Site Number
(indicate on map) _

Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
Loeated wrthm
100-yeaz
Floodplain
eslno)
Distance to
Nearest
Stream
linear feet)
Area of
Impact
(acres)
A Fill Marsh 0-200' 0.06
C Fill Marsh 20-50' 0.05
D Fill Marsh 20' 0.14
F Fill Marsh 20' 0.22

Total Wetland Impact (acres) 0.47
3. List the total acreage (estimated) of all existing wetlands on the property: 1.43 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acre e, multi 1 len X width, then divide b 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
1 Drift Creek Temporary Culvert Perennial 1'-2' ~ 42 0.09

Total Stream Impact (by length and acreage) 42' 0.09
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
• Not Applicable
Page 4 of 8

• 6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Im act (acres): tempo 0.09
Wetland Impact (acres): 0.47
n Water Im act acres): 0.00
Total Impact to Waters of the U.S. (acres) 0.56
Total Stream Impact (linear feet): 42'
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposal pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
• draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Development of the site will be
desisned and constructed around Wetlands A, B, C, F_,_G_and H. Protection of the wetlands will
be established~around the wetlands and the trout buffer.
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
•
Page 5 of 8

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
• streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but. aze not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waxers such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
httn://h2o.enr.state.nc.us/ncwetlands/strmside.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/lineaz 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.
Mitigation will include restoration of wetlands, buffer replanting, monutoring of plantings
in the buffer, payment to the EEP mitigation program, deed restrictions, and stormwater
wetland BMP for treating stormwater runoff from the property. See attached Restoration
Plan for details. Restoration of impacted wetlands will be done at three wetlands:
2. Mitigation may also be made by payment into the North Cazolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at httn://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.96 acres
Amount ofNon-riparian wetland mitigation requested (acres):
• Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of.
public (federaUstate) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
• demonstrating total proposed impervious level. Stormwater wetland BMP will be constructed on
Page 7 of 8

the west side of Drift Creek to treat stormwater runoff from the existing and future buildings and
• parking lot on the west side of the pro e~rty.
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.
Wastewater treatment is provided b~package treatment system installed on the south side of
the nronertv.
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. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
• the most recent North Carolina Division of Water Quality policy posted on our website at
httn://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
This is a small commercial development alon a major highway with other commercial and
business operations. The major controlling factor for additional development is the Hwy 23/74
presence.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Restoration of the wetlands is proposed as soon as possible to restore the wetlands to natural
conditions. Trout moratorium may not allow for the removal of culverts or for wetland
excavation in Wetland C until the spring of 2008 Property owner is willing to do the repair and
restoration Qradin~ as soon as possible when allowed b ty he agencies involved
~_~ ~ ~~
Applicant/Agent's
Date
• (Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Page 8 of 8

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~ame: HAZELWOOD Location: 035.4556995° N 083.0471181 ° W
ate: 11/9/2007 Caption: Muse 23/74 West Property
Scale: 1 inch equals 1000 feet Peddler's Square

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Site map, Muse Prope
d County, NC.
J 35 70 140 210 280
Feet

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PROGRAM
September 20, 2007
Troy Muse
Muse 2384 West, LLC
PO Box 71b
Clyde, NC 28721
Project: Peddlers Square County: HAYWOOD
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Progam (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It 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. )(f we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the perntit(s} an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nccep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation aze summarized in the
followin table.
FRENCH
BROAD
06010106 Stream (feet} Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri avian Non- "an Coastal Marsh
Impacts 0 0 0 0.47 0 0 0 0
Credits 0 0 4 0.94 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will nced to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understandrng between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engincers dated November 4, 1948..
If you have any questions or need additional information, please contact Kelly Williams at (919) 71b-.1921.
Sincerely,
William .Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/40l Unit
Lori Beckwith, USACE-Asheville
Kevin Barnett, NCDWQ- Asheville
Barbara Wiggins, agent
File

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• North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

•
RESTORATION PLAN FOR
MUSE 23/74 WEST LLC
Wetland and Stream Impacts at
Peddlers Square
Haywood County, Waynesville, NC
September 19, 2007

PREPARED BY:
FISH AND WILDLIFE ASSOCIATES, INC.
PO BOX 241
WHITTIER, NC 28789

•

• Introduction
The Muse 23/74 West LLC development (Muse Project) on Highway 23174 in south
Waynesville, NC was notified on April 17, 2007 that the development was in violation of
North Carolina Division of Water Quality statutes and rules for impacts to the streams
and wetlands on the property and for not applying fora 401 permit for those impacts.
The Notice of Violation and Recommendation for Enforcement requested that the Muse
Project address the impacts, develop a restoration plan, and stop any further violations
immediately. NCDWQ recommended that the firm retain a consultant to assist them with
the plan development, permit, certification and authorization necessary to achieve
compliance. The developers of the project retained Fish and Wildlife Associates, Inc.
(FWA) on May 1, 2007 to assess the property and determine a restoration plan for the
property. The letter of authorization for FWA to act as the Muse Project agent is
attached.
The Restoration Plan developed by FWA for the Muse Project will address all questions
and concerns raised by the NOV in the DWQ letter and through additional meetings with
federal and state agency personnel. It will include information on the amount and extent
of wetlands impacted, how the impacts will be mitigated, the proposed submittal of any
permits that will be required to address the restoration of the site, proposed planting and
monitoring plans for the riparian buffer areas, and stream restoration of Drift Creek,
• Background information
The NOV asked for information on the development as follows:
• Construction began at Peddler's Square in 2000;
• The owner did not think that a 404/401 permit was needed for the site based on
• current use as pasture;
• The owner was unaware of the wetland presence;
• An undisturbed buffer along all of the streams was designated on the plans to
address known regulations.
Site Survey
FWA surveyed and documented the conditions on the site on May 1, 2007. A response
letter to NCDWQ was drafted and sent on May 4, 2007 proposing immediate steps that
would be taken to stabilize the disturbed soil and to stop any additional actions on the site
until the NOV is resolved.
No further filling with additional soil has occurred at the site since FWA survey on May
1, 2007. Some spreading of the existing soil piles and stump mulch did occur until FWA
was involved. Actions that have occurred in May include removing brush and tree debris
from the site, especially along and within the stream channel of Drift Creek. Existing
disturbed soil was graded, mulched and seeded in order to stabilize the soil until the
• Restoration Plan could be implemented and to address erosion concerns. Silt fences have
been installed where appropriate to maintain erosion control temporarily. All actions

performed at the site were to provide temporary soil stabilization until a final approved
• plan could be implemented. The temporary culvert crossing of Drift Creek was proposed
to be removed and is waiting for agency approval for that action.
On May 18, 2007 a break in the sewer line noted by NCDWQ near the back of the
property was repaired. This break occurred during excavation of a broken water line in
the same area. Both the water line and the sewer line have been repaired and the area
was limed. The sewer line break will be reported in the required NPDES monthly
monitoring report for the Wastewater Treatment Plant (WWTP) located on the site ner
the owner.
Existing Conditions
FWA performed document and historical data for the area for background information.
FWA has reviewed aerial photos of the area from 2004 and earlier; county elevation data;
Haywood soil map; NRCS files; and information on previous uses have been collected.
The plant community was probably Montane Alluvial Forest at some point in time but
has been cleared for agricultural use within the past century. The property prior to 1999
had been used as pasture for horses and had a barn that was located on the southwest
corner of the property, adjacent to the Unnamed Tributary (UT) on the west side of the
property. The valley along Richland Creek has been used for agricultural or rural uses,
including pastures, orchards, and crop fields. The upstream property from the Muse
Project is currently being used for crop production. Downstream uses have been
converted to commercial buildings and residential uses within the city limits of
Waynesville.
Soil Survey
The valley along Richland Creek, Drift Creek and the west UT on the Muse Project are
shown within the soil series of Dellwood cobbly sandy loam, 0-3 percent slopes,
occasionally flooded. The Dellwood series is a nearly level, moderately well drained soil
on flood plains of fast flowing streams. The soil surface layers are dark brown cobbly
sandy loam to 8 inches, dark brown very gravelly loamy sand to 14 inches, and dark
yellowish brown extremely gravelly coarse sand to 24 inches. The soil unit includes
small areas of Cullowhee (somewhat poorly drained) and Nikwasi soils (poorly drained
or very poorly drained). The Dellwood soil unit is noted as Hydric Soils for Haywood
County because of the Nikwasi component found in the unit (See Hydric Soil
attachment). The soil map for the area shows an indication of a wet spot on the central
north side of the property.
The soils on the Muse Project were checked by trenching holes at 12 locations throughout
the property. Dellwood soils were found at all sites at depths ranging from 0" or 18" to
6' below fill soil. The possibility of wetland conditions throughout the whole project
could not be determined by the absence of hydric soils in this case.
•
2

• Streams
The Muse Project has three streams within or adjacent to the property (See Project Site
Map). Richland Creek forms the southern boundary of the property. Drift Creek flows
through the center east side of the property until it joins Richland Creek just outside of
the property boundary on the southeast side. An UT flows from north to south on the
west side of the property, dividing a small triangle of land from the rest of the property.
Richland Creek shows impacts from the agricultural use in the past, with narrow riparian
buffer corridors and berms along the channel to reduce flooding of the historic floodplain.
This pre-dated the current development at the site as seen on adjacent properties. Most of
the riparian buffer along Richland Creek was left undisturbed but there were some small
areas of vegetation impacts within the 25' trout buffer limits.
Drift Creek has been relocated and channelized sometime in the past, as shown by
historic USGS maps. This also pre-dated the current development. Drift Creek has some
riparian buffer on the north side of the property but the buffer has been reduced to
herbaceous vegetation and shrubs for most of its length. This impact may or may not
have pre-dated the construction activities as some recent construction activities were
observed to be impacting Drift Creek's buffer. The 25' buffer along Drift Creek was
intact in some places, heavily impacted in short sections, and generally undisturbed
within 15' for most of the length. A temporary construction culvert (unpermitted) had
been installed in Drift Creek for access to the east field. This culvert impacted 421inear
feet of Drift Creek. The culverts were installed connected to the stream bed (no hanging
culvert) and had a low water and a high water culvert to prevent undercutting or eroding
of the culverts in high water events.
The UT on the west side is in a different location than shown on the USGS maps, also
indicating previous relocation and channelizing of the stream. A narrow riparian buffer
exists along the UT. This buffer was maintained completely on the west side of the
stream. The buffer was not maintained at 25' on the east side consistently, but the stream
itself was never impacted and the buffer was maintained at a minimum of'10'.
A spring was observed near the east side of the head of Drift Creek on the property. Also
water was observed in several places at the toe of the slope of the highway right of way.
The area is within the historic floodplain of the three streams. There are levees built
along Richland Creek which have reduced flood events to infrequent occurrences.
Wetlands
No wetlands were documented for the project site in area maps except for the one wet
azea noted on the NRCS soil map for the site {See soil map). This location would be
underneath the front commercial building. The previous owner used the site for pasture
for horses, indicating at least some of the area was drained well enough for agricultural
• use. No information on past tiling was available at the NRCS office in Haywood County.
There are existing pipes observed draining the east field into Drift Creek and some pipes
3

• were observed by NCDWQ draining the west side into Richland Creek. No other
information is available about past drainage efforts without digging throughout the whole
site as to the location or length of the drain tiles that could be present on the site.
Current wetland areas were observed in three areas -all along the Drift Creek drainage
way (See Proposed restoration and mitigation map). Two of the areas were associated
with the stream bank on the west side of Drift Creek while the third was on the east side
of Drift Creek. These areas were delineated and surveyed in July 2007. The undisturbed
wetland areas remaining on the Muse Project equal a total of 0.32 acres.
• Wetland B -along Drift Creek, a linear wetland running parallel to Drift Creek
from Hwy. 23/74 (0.17 acres); The upper linear wetland appeared to have
connection with groundwater flow and the stream. Hydrophytic vegetation
present included rushes and cattails.
• Wetland G - On the west side of Drift Creek mid-way between the culverts and
the property line (0.02 acres). The source of hydrology would be flood events
from Drift Creek for this wetland. The wetland azea on the west side of Drift
Creek was a mixture of rushes, sedges, multiflora rose, fescue and clover (mixed
pasture and wetland vegetation).
• Wetland H -The wettest existing wetland is located in the triangle formed by
Drift Creek and Hwy. 23/74 on the west side of the creek. This wetland is 0.13
acres in size. This wetland had standing water present, despite low rainfall
• amounts in the previous weeks (deficit rainfall for 2007 on record). A spring
provides the hydrology for this wetland area. The wetland area on the east side of
Drift Creek was predominantly rushes and cattails with a willow tree and a red
maple at the eastern edge.
Most of the site had vegetation that was disrupted or covered by the soil fill and could not
be determined. FWA personnel surveyed the existing vegetation in undisturbed areas on
the project site. The rest of the native soil areas did not have hydrophytic vegetation
present and was not delineated as a wetland. The natural soils were located between the
slope to the commercial buildings and Drift Creek, especially on the south side of the
project. No hydrophytic vegetation was observed along Richland Creek, due to the well
drained soil and the elevation drop to the stream bed.
Elevation Survev
The existing elevation contours were available for review from County GIS data and the
site plan for the Muse Project (See attached topo map). Both show an elevated spot
under and to the east of the access road (2859). The elevation lines also show a drainage
pattern along Drift Creek where the existing wetland on the east field is located: No
other low spots were observed on the elevation map. The scale of the topographic map
may have missed shallow depressions on the project, but do show the general layout of
the project site.
•
4

• Mitigation Proposal
The Muse Project proposes to mitigate the current impacts to the wetlands, streams and
from the sediment erosion in the following manner:
•
•
Wetland impacts were determined based on a combination of all available information.
The topographic map review for depressions or drainage ways showed areas that were
considered likely to contain wetland areas. The higher elevation locations on the site
were deemed less likely. The aerial photographs from Haywood County GIS, NRCS and
infrared photographs all showed a barn in the southwest corner of the property.
Vegetation in the photos indicated possible wetlands along the north side of the project
and within the east field. General areas of wetland locations were obtained from NC
DWQ field staff based on field observations.
There was an estimated total of 1.43 acres of wetland on the project site prior to
construction activities, based on agency input (See Restoration and Mitigation Map). No
pre-construction delineation of the wetlands was available. US ACOE, NCDWQ, and
NCWRC staff met with FWA and concurred on the wetland impacts on the property as
shown on the proposed mitigation plan and in the following table:
Wetland ID Acreage
(Estimated or
Surve ed Impacted
Acreage Restored
Acreage . Mitigated
Acreage
A 0.13 0.13 0.06 0.06
B 0.17 0 0 0
C 0.496 0.496 0.45 0.05
D 0.14 0.14 0 .014
. E Dro ed from Consideration
F 0.34 0.34 0.12 0.22
G 0.02 0 0 0
H 0. I3 0 0 0
Total 1.43 1.1 l 0,63 0.47
Wetland Restoration and Mitigation
Muse 23174 West proposes to preserve the 0.32 acres of wetlands that were not impacted
by the fill on the property; to restore 0.63 acres of the impacted wetlands; and to request
mitigation credits from the EEP for the remaining 0.47 acres of impacted wetlands. A
request for 1.0 acres (0.94 rounded up) of mitigation credit will be requested from EEP.
All development on the project, both current and future, will be required to installed
stormwater BMPs to address runoff. All trout buffers will be restored, replanted and left
undisturbed except for invasive species control and any windfall damage that would
impact the stream's profile.
5

• Wetland A would be restored as a linear wetland along the toe of the slope for the
highway. It would be connected to the current stormdrain that was installed under the toe
and would have hydrology from the stormdrain system, from highway runoff and any
spring flow from under the highway. Some hydrology is present and it should be enough
to fully restore this linear wetland at the proposed size.
Wetland C would be restored as a linear wetland with connections to the hydrology in
Wetland B. It would utilize the hydrology in the underdrains that currently discharge to
Drift Creek below the culvert crossing. And the Wetland would also be connected to
high water events in Drift Creek, improving the hydrology source and the ability of the
wetland to improve water quality in the valley.
Wetland F will be restored in the area of the stormwater basin. There was standing water
present in the basin during the field surveys in May, but little to no flow from the
stormdrain system. The owner indicates that the source of this water is from wet weather
runoff from the stormdrain system and this water is ponded below the outfall to Richland
Creek (like a permanent pool basin). The area outside of the stormwater basin does not
have the hydrology and soil samples taken in two locations outside of the basin did not
encounter groundwater in the top 36"+ in May of 2007. There is some concern that
hydrology may not exist to support this wetland once the stormwater system is installed
and redirected to the stormwater wetland BMP. Further evaluation of ground water near
Wetland F and tracing any sources of water during dry periods available for Wetland F
will be performed before construction as a source of hydrology is critical for Wetland F
to succeed. There is no connection presently between Wetland F and Richland Creek
due to past flood control efforts by previous owners and no source of hydrology possible
from that source.
Wetlands B, G and F will be preserved and protected from future impacts. Portions of
Wetlands A, C and F and all of Wetland D will be impacted and mitigated through the
EEP process. Metal signs designating the wetland areas will be installed around the
remaining and restored wetland areas and will include the wording "Wetland
Preservation Area".
A 404/401 NWP39 and GC3631 permit will be required for approval for the mitigation
plan developed for the appropriate authorities. Existing wetlands will be protected and
preserved. Through the establishment of the 25' buffer along Drift Creek, additional
linear wetlands will be restored on the west side of the creek. The 404/401 permit
application will be submitted to the appropriate agencies by September 28, 2007.
Stream Restoration
Drift Creek will be restored by the removal of all material impacting the stream flow or
the channel dimension. The streambanks will be restored to a normal bank slope where
grading had left unnatural ruts and holes. Matting will be used as necessary for the low
velocity creek and seeding with native vegetation will be used in areas with bare soil.
• The 25' trout buffer will be established and marked using flagging or temporary fencing
6

as needed. Additional trees will be added along the stream buffer to restore the density to
• the 320 trees/acre at maturity. Trees and shrubs will be planted December 2007.
Monitoring of the survival of the vegetation will be performed for three years, beginning
in the summer of 2009 through 2011. Replacement trees and shrubs will be planted as
needed if survival drops below the 320 trees/acre density goals. Species to be utilized
will include red maple, black cherry, white oak, sycamore, and willow trees and shrubs of
tag alder, silky dogwood, and silky willow with a minimum of two species used. A
detailed planting plan showing locations and species will be provided with the submittal
of the 404/401 permit application. The temporary culverts will be removed from Drift
Creek after all stabilization activities have occurred in the field and on the Creek. The
removal of all debris, stream bank grading, and removal of culverts will occur by October
15, 2007.
Richland Creek buffer zone of 25' will be marked and trees and shrubs planted as above
to restore any impacted area to the 320 trees/acre density. The same width of buffer will
be established on the UT on the west side. At the lower section on the UT, there maybe
less than 25' available nearest the commercial building. This will be mitigated by
additional width protected upstream. The marking of the 25' trout buffer zone on all
streams will be completed by September 28, 2007. The planting plan for the UT and
Richland Creek will be submitted as part of the 404/401 permit mitigation plan. The
planting for these streams will occur in December 2007.
Sediment and Erosion control
Stabilization of sediment erosion in the ditches is being addressed through seeding,
matting, and grading. This is being pursued through the current sediment and erosion
control plan modifications (See attached plan) submitted to the local authorities. A
proposal to address the channelized runoff from.the NCDOT highway right-of--way down
the slope to the property has been proposed. This is within DOT ROW and has been
maintained and designed by NCDOT. Efforts by the developers of the Muse Project will
be limited to vegetative or minimal level spreader devices as the authority for major
changes in the slope drainage lies with NCDOT.
Deed Restriction
Deed restrictions will be recorded for the property to cover the existing and restored
wetlands and the trout buffer areas.
Post-Construction Stormwater BMP
A Stormwater wetland BMP has been proposed to serve the existing commercial
development on the site and future buildings on the west side of the project. Preliminary
designs based on current surveys of the property were prepared and analyzed to
determine if it was feasible to construct the Stormwater wetland BMP on the west side of
Drift Creek. Bradshaw Engineering of Waynesville was retained and performed the
• survey and modeling work in July 2407. They determined that it was feasible to place
7

the BMP on the west side of Drift Creek (See Engineering Plans for Constructed
• Stormwater Wetland).
Monitoring
There will be five years of post construction monitoring on the restored wetlands and the
trout buffer restoration. Vegetation monitoring of the restored trout buffer vegetation
will be based on annual surveys performed during the growing season documenting
initial counts and species of trees and shrubs planted, survival of overall trees and
replacement plantings as needed. Stems counts and photodocumentation of the Drift
Creek Buffer plantings will be made each summer starting one full growing season after
plantings. Plantings in the winter of 2007-2008 will be documented for initial plantings,
and then monitored from 2409-2013. If survival is below 80% of the initial plantings in
2009, supplemental planting will be performed. Existing vegetation appropriate to the
buffer will be left in place and noted as existing. Volunteer species will be noted in the
annual report as they are observed.
Wetland monitoring will be based on yearly wetland determination techniques following
the 1987 US Army Corps of Engineers Wetland Delineation Manual. This determination
will be performed at the same time as the vegetation monitoring in the summer.
An annual report will be submitted to the appropriate agencies, but will include NC
DWQ, US ACOE and NC WRC agencies.
• .
Preventing Future Project Impacts
Owners of Muse 23/74 West or other legal entities of Muse properties will contact the
Corp of Engineers and NCDWQ on all future projects located adjacent to perennial
streams or with wet areas for advice on whether permits will be required or not at the new
sites. If permits will be required, consultants will be secured to assist Muse properties in
proper permitting for development of the sites.
•

~,1,,,;
• -- -. - 445 6E5i G~ ~ ESTG."_ ...~...
~,i? _+)}? sir i~ s)~. ~~~c~E
~t'roy Muse Rentals
.t'uStirfTi:eT~i+x'•lt+' C:~'dc \C .'.~'~i iv'_'.''i15.~`.'- SSu'
~4av ~;, ZGO1
Fish and Wiidlile .45SOCia[e5
Post uiticr aa~ ?y i
\\'hittter• 1C 2R7R9
Attention: Barbara VVi~tttins. t'roiect'.fattager
c~4rbara-
This letttr will sen•e as nuCce of intent to Aire yc+ur 2irm. <utd iC•; }'ut;r firm to act as a£en,
tin Must ?3~'•1 Vest, LLC in tha oneoing nrgatiations ~.ith The tiara: Carctinz Di~-ision
>f 1'.': ter t)tza3;t;.
Picasr enntae: Charles Huse at !8 :R j 216-2t??~ to irnre3le an}• ne.d inci.~.-nta1 to , ou:
sur.•ey attd subsettucrtt acti~•it}• regarding this matter.
;~c 5j1Ci Ulkii.%. .L
T7Ji' \4uic
rs. n~usc 2:;?4 Wes;. [ I_C-
•
9

~.
C
•
•
SOIL SURVEY OF HAYWOOD COUNTY AREA, NORTH CAROLINA
Muse Project Site
n 1 ?iMr'
115121 ~4nwal pe.exm N.b tir,il tiun.Y 1.1 I'ncc I ~~I
cae1W foorrn+lw Mtrkr RaVon;rlllup; aLLnc \,~il lun r~
•
Feel
Meters
-"y~~ 0 20 40 t30 0 50 100 200 300 400

• • •
b~
SOIL SURVEY OF HAYWOOD COUNTY AREA. NORTH CAROLINA
Muse Project Sae
MAP LEGEND
sod h1,r Umu
o OKs
^ Oe1Po a1 C;.,.-spa
i..~, Dw,v ~.xf $~a~e;
._._.._.. ~,.re~saln H~~nways
---- areas
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c,r~a„s
ll~fy,rbl Ea-a~r'r'.i.•.' m. o k
t~.Cd~rr-+ml iv--A.J...~-1.
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IIIMIXNIae le.voe
tic M`
euxml:
r-wea s'm+
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~:+dvelfY SPA'
ra'+N Slryx
Ma sr w swag„
- N. ~.n ~u.,ro0
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~a~+av Swl
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c S6Y~' Sp!'
f SP.d .y t~.:+
)YCy >c~Y
.. vc.v sm.,v scoff
::.x..t; tw".....ii.m ti...w~
MAP INFORMATION
Source of Map Natural Resourcos ConservaUOn Sernre
Web Soll Survey URL. http.i/websoasurveynres.usdayoo
Coordinate System UTM Zone 17
Sod Survey Area Haywood County Area. North CaroFna
Spatial Version of Data' 5
Solt Map Compilation Scale 1 12000
Map composed of aerial nneges photographed on these dates
1993
The orthophoto or other base map on which the soil Imes were compiled and
dlg~LZed prooably differs from the background Imagery displayed on these maps
As a result some minor sh~flmg of map unit boundaries may he evident
U;~. \..,I •.i r ~ I
~: i~.....i ~ r .,.i., a.~_ ~, I, s~l~

• Soil Survey of 1 taywood County Arw, North Carolina Muse Project Sitc
Map Unit Legend Summary
Iiav\\"aod County Area. vnrth Carolina
\tap 1 "nit S~'mMd tap L'nil Vamr Acre. m AOI Varaent oI :1r?I
~ f;txlJock clay loam. 15 to ?n Perccni
l~~n_ (Rl :.0
llgx_ . Cri tJ2i:. Slc :ii
Ue:1 UclNcooJ cvhhlc .mtJc lam, tl t., 3 2a .1 fir'
prtcent ,k+Ix.. oc:a>ionalh nw,JrJ
!)hA PcllwooJ-Urban land comptrx• it m 3 ?.3 ~ ??
jx:ri.YYit ti13j)Cti, JC1a5i5?m'rllS" 1;'t`+?4it~c1
U,C Udhl>,ua la:un. x h~ i ~ Valccnt sk,pe. ! 9 3.6
i!li\ UJorthent_s-t?rbnn IanJ compl~~. i) u+ 3 0.o 0. I
lxtcrt?. ~lo~~, rarcl:• Dtn,Jed
•
I:tif3~i Naral Pe.s... 1\'eb S+,il tiutte+ i 1 -... '~ i `tom'
.., r.r....ri.w `..... \.~n.x,~{ t ,.qur~f,+c ~nl tiun c+ F eFc 3 of ?
•
12

•
Hydric Soils
Haywood County Aren. North Garoima
Percent I
Rtap symbol and ~ Hg~dric Hydnc
map unit name ~ Component of map landform ~ rating criteria
uNt
DoA:
Deinvootl cobbly sandy team. 0 to 3 Nrkwast. undrasned 5 Depressions. Flood Ves 263
porcem slopes, ocwswnauy ftoaded Diains
Explanatwn of hydnc rniena codes:
.. All Histets except !or Foliatds. and W stoners except for Faisu
2. Sorts in Agac suborders, great groups. or subgroups. Albalts suborder. Hrstorthels great group.
Histoturbais great group, paeh+c subgroups, or c:umube subgroups that
A. are somewhat poorly dra~.ned and have o winter table at the surface f0.0 tech
during the growing season. or
8. are poorly drained or very poorly Gained and have eimor.
1. j a water table ffi the surfata (0.u }eelj during the growing season d textures are
coarse sand, sand, or fine sand m as layers wdhin a depth o} 20 inches. or
2.) a water table at a depth of 0.5 toot a teas dump the growing season it parmaabd~ty
is equal w or greater than 6.0 in~itr m aN Wyers withu+ a depth of 20 mcnes. u
3.j a waWr labia at a depth of f.0 toot w ions during the growing season d permeabdiy
n Less than 6.0 imhr in any layer within a depth o120 inches.
3. Soils that anti frequently ponded for tong or very brig duration during the growing season
a. Sets that are frequently Betided for fang or very brig duration during the growing season
Tnrs Wbte fists O,b map um.t wmpanents that are rai<~d as hydnc units in the sun ay area. Tnis fist ran itoip m planning land uses: however, Onsrte
mv¢stigatbn is recommended to determine the hyoric sorts an a spetxfie site INatiorwl Research Council, 1995: Mart and Vasnas :0061
Tho three essonaa7 charadonsau of wetlands are hydrophyUC vegetatwn, nytlnt snits. and wetland hydrology tCoward+n and oMen. 1979: U S
Amy Carps of r:nginaars, igbT. Nationffi Roaoarcn c:ounuf, 1595: Tutor. 7965}. Cnttna for ail of the charattenst+c3 must be mot for areas to be
+donOfiod as wetlands Untlrained hydrie sods that nave natural vegetafion should support a dominant poputatton of xobgic3l wedantl plant species
• Hydnc 34ii5 that haY4 teen tdnYfned tb other use< Should be tapabte et being res}ered ?4'-4~gtlbnd5
Hydrec sale are defined DY the NODO¢at Techmwt Commrtteo for Hydrrc Sets (NTCHSI as sale that termed candor conatrons of saturauon. ttood~ng,
or pending long enough doming trio growing season to devebp anaorobrc eortdlDOns in the upper pan (Federal Register, 79&7 i. Those sets. candor
naWral condaions. are either saturatetl a inundated long enough during the growing season to wppan the growth aM reproduction at hydrophybc
vegetatron
The NTCHS definttion 1donMras general son properbas that are assduatod with wetness. In order to dotonnind whether a specific so•I is a hydrie sod
or nonhydnc sal, however, mono speafic mtom+atix. such as information about the deptfi and duraton of the water table. to needed. Thus, criteria that
+dentlfy ttioso estimated sort properdos unique b nytlnc soils have been established (Federal Register. 20021. Those Criteria are used to idemify map
unit components that namtatly are auoaat80 with wetlands. Tne criteria used are selected osbmated sat prOpemas that are desuibod m "Sod
~ Taxonomy' (Sod Survey Stott, 19991 and'KOys to Sod Taxonomy' iSa! Survey StaN, 2006) and m the'Sa1 Survey Mtanual' tSal Survey Ore,a:on State
t 953)
It sets era w•et enough for a long enough period of time to Ix tonsldered hydrie, they should exttibl certain proporDes that wn be easily oDServed m
the bold. These vrsrDle properoes are mdtwtots of hydnc so,ls. Tho mtliwtors uwd to make onstte determinations Of hydnc soils are specified in 'Field
indn:ator3 of HydnG Jaf3 m tree Drxied States IHUrt and VOS+W3. 200of
Hydnc sale are Wenuf ed by exambing and doauibmg trio son to a depm of about 20 mche3. This depth may bo greater A determinotron of an
appropriate ind+cator so requires. it is always recommended that sods be oxwvated dnd desuibed fo the depth necessary for an undersWnang o} the
rotloximorphic processes Then. using the compfotetl sort descnptigns, soil sCieniists tan compare rho soil features requned by each inGtator ono '
spec+ty which indicators have been matched wvth rho condibons observed in the sod. Tho sod wn De !denufiod as a hydnc sot! d at toast one of me
Jppro.c„ ,n..,tafdr3 :3 pr23E
Aiap units that are dominantly made up of hydnc soils may have sma0 areas, or inelusrons, of nonhydnc salts in the higher pbsdrons on iho landtorm.
wnd map tinrt3 ddmtrt3nf:`j made up C`'0.'thyd:it SB!i3 may have intiu3idn3 Of tlydrit Sdi131n the i0wef pO3iaOn3 Oft the ktnatarm.
Tho aibrra fa hydnc sock are ropresented by codas m the table tfa ozamge. 203). DeOnmonc for the Codes are as toVOws
(f $~j~ Natural Resources _.__
Tabular Data Version: 7
y~^ rO1L5efs'a000 Service Tabula Data Verson iiat¢. 03r i6r2007' page i al i
•
13

•
Hydric Soils
t Alt Histels Except for Folistols. and Histosas except for FGrstt.
2. So+ls m Aquic wbatlen. great groups. u subgroups, Altwtls suborder, Historthets great group. Histoturbes great group. Paehit: subgroups. or
Cumukc subgroups that.
A. are sanewhot poorly drained and havo a wator wtrlo at the
sunaw 10.0 feot1 dunng the growing soason, a~
B. are poorly dra~nod or very poorly drained and have either
t) a wator tabta at the surlace 10.0 food during rho grotv,ng soason
d toxtures aro caarso sand. sand, or tine sand in ail layors within a daptn
of 20 irtehos er
2) a water tabto at a depN+ of OS toot or less dunng the growmp soason
if saturated hydrauGC l'Anducbvity insai) rs equal to or greater roan 6.0 minr
m all layers wittun a depth of 20 etches. a
3} a water table at a depth of 2.0 toot or k7ss dunng the graving soason .f
saturated hydraulic wnducfivity (KSatl is toss than 6.0 m~hr in any layer
wnlhin a depdt of 20 inches.
3 Soila that aro hequantly ponded for tang or very kxfg duration dunng the growing season.
Sods that aro fraquanSy Paaxiod for tang w va y fang du+aGan during the gro-,vrng season
Rofaroncas:
Cmvardin. L M.. V. Cartor. F.C. Cwlot, and E.T. Lagoa. t 479. Cbssr6cason of wetlands sntl deep-water hatztats of the Unted SWtos U.S. Fish and
Wddfife Serv¢a FWStOBS-79.31
Fodora. Register. September ta. 3002. Hydr~c saris of too Unrtoo States.
Federal Rogister. Jury 23. 7994. Changes :n hydnc sous of too United Status
Hurt. G.W.. and L 0.t VaaiWS. otlnors Version 6.0. 2008. Ftetd rndtcaWn of hydrtc sods m the Unitttd States.
Natgnal Research Counai 199. Wedandr. Chareclerisba and boundanes
Suit Survey Division Statf. 7493. Sort survey manual Soil Consorvabon Sernce. U.S Oepartmam o! Agrseuhura Handbook 18
Saa Su:.oy $taL. '<006. Kays to colt tazorwmy. i0ti, adman u.S. Department of AgncWrure_ Natural Resources Conservation 5amce
Solt Survey Stall. 7999 SoA roxonomy. A baaK system of soil ctassrf w6on for making and mlerproanp sal wrvey5 2nd editlon. Natural Resources
Cortwrvation Sernce. U S Department of Agncutture HaMCOOk 436.
Tiner. R.W.. Jr. 1485. WatWnds of Oelawaro. U.S fish and Witdde Servu_o and Dolawaro Department of Natural Rosouraes and Environmental
Comroi. Wettands Secnon
United States Army Corps of Ergtneers, Enmronmontat Wboretory 7982 Corps of Engineers wetlands detinoa6on manual. Watery;ays Ezponmont
Sat:ar, . a..nn.:ai Roper.: m
•
(fsp/~ NahlralResaurces
Tabular Data Version: 7
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•
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Proposed wetland restoration and storm water BMP, Muse Property, Haywood County, NC.

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i'roiierti' Details:
START !I 1781 U.:ICU_° ;' ~~y
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OF Z 26HEET6

0 3 9 $ Permit Number
0 ~ (to be provided by DWQ)
~~~
~CDENR
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
401 CERTIFICATION APPLICATION FORM
WETLAND SUPPLEMENT
This form must be filled out, printed and submitted.
The Required Items Checklist (Part 111) must be printed, filled out and submitted along with all the required information.
O/~~F~W A~TF9pG
~ 1~/w_Y= --1
o~~
I. PROJECT INFORMATION
Project name Peddler's Square
Contact name Barbara Wiggins
Phone number 828-497-6505
Date February 27, 2008
Drainage area number
II. DESIGN INFORMATION
Site Characteristics
Drainage area 234,352 ftz
Impervious area 122,839 ftZ
Percent impervious 52.4%
Design rainfall depth 1.0 inch
Peak Flow Calculations
Does this project require pre/post control of the 1-yr 24-hr peak N (Y or N)
flow/?
1-yr, 24-hr runoff depth in
~24-hr intensity in/hr
evelopment 1-yr, 24-hr runoff ft3/sec
Post-development 1-yr, 24-hr runoff ft3/sec
Pre/Post 1-yr, 24-hr peak control ft3/sec
Storage Volume: Non-SR Waters
Design volume (temporary pool volume) 11,913 ft3 OK
Depth of temporary pool/ponding depth (DPI°~) 12 in OK
Drawdown time 5.00 days OK
Diameter of orifice 8.00 in Drawdown orifice diameter may be insufficient. Please
provide adequate supporting calculations.
Coefficient of discharge (Cp) used in orifice diameter
calculation 0.60 (unitless)
Driving head (N°) used in the orifice diameter calculation 1.750 ft OK
Storage Volume: SR Waters Parameters
1-yr, 24-hr depth in
Pre-development 1-yr, 24-hr runoff ft3
Post-development 1-yr, 24-hr runoff ft3
Minimum volume required ft3
Volume provided ft3
•
Form SW401-Wetland-Rev.1 Parts I and II. Project Design Summary, Page 1 of 3

Permit Number
(to be provided by DWQ)
Surface Areas of Wetland Zones
Surface Area of Entire Wetland 11,913 ftZ OK
~w Land 3,574 ftZ OK
e shallow land percentage is: 30%
Shallow Water 4,765 ftZ OK
The shallow water percentage is: 40%
Deep Pool
Forebay portion of deep pool (pretreatment) 1,192 ft O K
The forebay surface area percentage is: 10%
Non-forebay portion of deep pool 2,384 ft I nsufficient non-forebay deep pool area.
The non-forebay deep pool surface area percentage is: 20%
Total of wetland zone areas 11,915 ftZ Enter data into the shaded cells in this section.
Add or subtract the following area from the zones 2.00 ftz
Topographic Zone Elevations
Temporary Pool
Shallow Land (top) 2944.00 fmsl
Permanent Pool
Shallow Water (top) 2942.50 fmsl
Deep Pool (top) 2942.00 fmsl
Most shallow point of deep pool's bottom 2939.00 fmsl
Deepest point of deep pool's bottom 2939.00 fmsl
Design must meet one of the following two options:
This design meets Option #1,
Deep pool is 6inches below SLWT, If yes:
y (Y or N)
SLWT (Seasonally Low Water Table) 2940.00 fmsl OK
's design meets Option #2,
a clay liner
f yes:
Depth of topsoil above clay liner in
Topographic Zone Depths
Temporary Pool
Shallow Land 12 in OK
Permanent Pool
Shallow Water 6 in OK
Deep Pool (shallowest) 36 in OK
Deep Pool (deepest) 36 in OK
Planting Plan
Are cattails included in the planting plan? n (Y or N) OK
Number of Plants in planting plan recommended:
Herbacious (4'inch diameter) 360
Shrubs/small trees (1 gallon or larger) 240
Trees (1.5"dbh) 60
Number of Plants in planting plan provided (several species of
each plant type are recommended):
Herbacious (4'inch diameter) 36 Higher density is recommended.
Shrubs/small trees (1 gallon or larger) 200 Higher density is recommended.
Trees (1.5"dbh) 60 OK
•
Form SW401-Wetland-Rev.1 Parts I and II. Project Design Summary, Page 2 of 3

Additional Information
Can the design volume be contained?
volume in excess of the design volume flow evenly
uted through a vegetated filter?
What is the length of the vegetated filter?
Does the design use a level spreader to evenly distribute flow?
Are calculations for supporting the design volume provided in the
application?
Is BMP sized to handle all runoff from ultimate build-out?
Is the BMP located in a recorded drainage easement with a
recorded access easement to a public Right of Way (ROW)?
The length to width ratio is:
Approximate wetland length
Approximate wetland width
Approximate surface area using length and width provided
Will the wetland be stabilized within 14 days of construction?
•
•
Permit Number
(to be provided by DWQ)
y (Y or N) OK
y (Y or N)
35 ft
n (Y or N)
y (Y or N)
y (Y or N)
y (Y or N)
6.6 :1
230.0 ft
35.0 ft
8,050 ft2
y (Y or N)
OK
Show how flow is evenly distributed.
OK
OK
OK
OK
This approx. surface area is within this number of square
feet of the entire wetland surface area reported above:
OK
Form SW401-Wetland-Rev.1 Parts I and II. Project Design Summary, Page 3 of 3

Permit No.
X111. REQUIRED ITEMS CHECKLIST I
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package
will result in a request for additional information. This will delay final review and approval of the project. Initial in the space
~rovided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below.
If a requirement has not been met, attach justification.
Initials Pagel Plan
~, ~
5tr~ Sheet No.
S ~'~-~ ~~~'/1-~ 1. Plans (1" - 50' or larger) of the entire site showing:
~Sd I /' Design at ultimate build-out,

L~ -Off-site drainage (if applicable),
e~~~ a1 l
- Delineated drainage basins {include Rational C coefficient per basin),
- Wetland dimensions (and length to width ratio),
- Pretreatment system,
S~ ~ ~ ~ ~~i `3 ~--Maintenance access,
r -Recorded drainage easement and public right of way (ROW),
- Overflow device, and
-Boundaries of drainage easement.
y~
lfl ~C~ c
~ ~ G~"iF~ ~ '~ n - i
/ 2. Plan details (1 - 50 or larger) for the wetland showing:
~-~ ~>~t _S -Wetland dimensions (and length to width ratio)
see
~~~~ ~ -Pretreatment system,
j1;,~~-~-- ~ -Maintenance access,
- Recorded drainage easement and public right of way (ROW),
-Design at ultimate build-out,
• - Off-site drainage (if applicable),
- Overflow device, and

~
` -Boundaries of drainage easement.
'~'
J ~ Se~~-~~n -3
"
'
~I 3. Section view of the wetland (1
= 20
or larger) showing:
`~ ~~,1 S -Side slopes, 3:1 or lower
S
f
, .
er
S~~t ~~ f :~ -wetland layers
All wetlands: Shallow land depth, shallow water depth, deep pool depth
Option 1, no clay liner: SLWT depth
Option 2, clay liner: Depth of topsoil on top of liner, liner specifications
~~ L/
~~'~-~'~n I 4. A detailed planting plan (1" = 20' or larger) prepared by a qualified individual showing:
- A variety of suitable species (not including cattails),
-Sizes, spacing and locations of plantings,
- Total quantity of each type of plant specified,
- A planting detail,
-The source nursery for the plants, and

~~ - Fertilizer and watering requirements to establish vegetation.
,
/`'~ ~-' S
~~ ~ z f` "~ ~ ~ 5. A construction sequence that shows how the wetland will be protected from sediment until the entire
-
;
,,,.
~
L~~ ~ . ~~ ~~ drainage area is stabilized.
c t-.~
~'~~?~ ~ '> ~ ~ ~~ ~%~ ~ 6. The supporting calculations {including drawdown calculations).
~~~_
~ ` ~ ''-`1 ~ ~
_`7r~ ~~~ ~ i ~ 7. A copy of the signed and notarized inspection and maintenance agreement.
-- 8. A copy of the deed restriction.
SW401-Wetland-Rev.1 Part III, page 1 of 1

Gs~ en rn . ~+t nc nF nn ~FnFF n ~f^n7c ~~
~y r tie LFi .? r~ _i; .?•J OL~•+•J f.• J _~~ f tlif4a~ Yr rrts if~ElpM3Li-1 p.y i
11iQiCB J, S.dGtCCd[ p. 't1IJ ( 4:af15 vM ~
T ~1ggT{:~~!'~;. ~L+~'!'~l:~'!~!!a >i!!! t.?'.~irx~IT~h1 dtNfl !~T$iNAldGi~ ~i~lf~Nfi
~vdaiiand matnienanci wording its hracica#ad. ~iaasa modify #ihs ddoumrn# as appropriiaii.j
• Thar wet [we#land~ detention basin ffiystem is defined au> th4 vyst [weRisndj detention bin: aretreatment
irt,it~irtQ ier=ia„;~s ana ;fie •re~atntest Biter if cno is prs:,r`ridtd.
nnaintenanae aotivliies sneii foe performed as flniiaws:
~ . ARer query e~nfAc~-rrt rurrolf txoduc~g rsinfail opt ~nd•et . tth~;
e_ lest the wet ~wtat-sind~ e~rrtorttidri min ey~an5 Per eedim e+av~riu:ia. ar+n. tra$h
socutnuiatiem, vi~itatect aevMr, erld ~t+erai tbnditios~.
b. Ch~k anc! ci~r tr,. wirl~a at arty ~bStrud~ns..s+Itrh.tireU drntivdowrer nE thr timg~a~ar.Y ~~ accuts +Mitr~'sn
~. r~spsir eradeo aree+s immediatteiy, re-sees as ner,~ssas~r tv marirna~n ~aa1 ye~etetEVe cover. mow ve~ets-tn~~~-
_ _ __ _ _- ~9"s'8f t^ rr3i't'~'fitZ s r!'~lxlS'!'l~t;- fit ~ 3:s ~#~''fCe, erg rert74ti'~r ~~~i s~ 41+t~dliv. _-_.
•
5. inspect gnd repair :rsa ~c#iec:rtu: srrs~oon (i.a. zat::ri +s, pt~rtg, ~raiis, r#prap, ~.) gw~rier~y ~
,~r~ttt ~ru~~r ftttinirr~.
'!. ~emsws aGaurzwi~ad sediment iiram the w~~t {wc~irr-~ij d~r'itiun inn eye ~-nua?y or wig
dish is cidu~ld bo ~°'~ of thi o~rgd drA depth ~slar ~ ,tau} Reid ~ Thai! !~a
a~~ed ct ir; an a m$nrtas std be it~Q~ed ~ a ritar-net t w~ nbt edv~ely itf'ipac~t
*,".'$tef' ~tt'~tt3~ i;~.tr, +~io~ii~iiii~ r`~~iir ~ `J~ ~4Yiti#i'iQ~ irl~in i~i$in Di' YfPil3iTl, iti.` }.
The maa~urln~ dst~sm uasd to dstmrrrsr~>a t~ ssatE:S~+~'odavatisri ihia{ 1~i rs~-~S'+ aka! :r w?#r ~r.~~r ~~ m~~{ors
d~i~ read~~ arrd rat ray ~rtet ir'to aam~alat~ ssdir~rtte.
`r'~`herr the rr~ner+t i rlapth resd+a.25 ~ in thy- main Qor~ei, thQ ossiir~r:i ~Sei! be remavr~d.
[Far stortnwahlr w~stxis: ttthi ilivatro~n o/~ marsh arses socwsd the garmanant pool eiev~i0ri. tt+a
seditr~t attotrk! ire remauvd to desl~ isvets:.TttEs shelf be psrfarmsd ~ ransovfr~ tine upper 6 ittchss of
sni! arty! ssQCkptHng _rt. ?'t,an ttw rr,r.~est+ arm al{aA tl~ adahd a}~ ir~chas 6a4~w fQn ~st~ratfunes.
Afcerwerda the ~sd soli ahoc:id ~ spread oar tip rrrassfi lilirfiA08. Tite eaii ehaWd not 6e ~~ic~iied
Hr a ti~an tv~lt ~vr:.]
~J'lhan the ps:rr~; ~+~t poi dsp~« csstd` ~. ~„ fart in the forebay~ jr~nd mic; c ,~ooi j, fire ssdimont tali irs
Ctrt":f4~t~,
iiiM tl~~i4AM
f~7t in ~ bl;~
_'"~ -- - ~~4'~ °Z ~~rtt ~i €teit :29 92 -fo 293 ~ ,-
~~ ~. 2 3 ~~~ ~~~ -.~. ~.935~D
e~ ~~g~.~939.75 ~;~ .~
~rrt ~ limit 293 °~ ~_._...~. ~ 2 3 q fo ~
X9.111
.29 3
i~tii#~l~Y i~tilst ~-ctar~

•

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/11! ir)i Lfl~ i~~..~F n~~.,R.r_"t~~~~~ ~4${~ !IL
i ula~tr. ucmb•r ~'s. 'stTU7 4 4tT ?kt earl~rq Wi~in>F 82$2;011 u,Q2
~ ins ~iis and c~t#~r r:~#+~ ~~ria~ ~r~ why th~r ~var tr€~tha lain surfsl~e. ~`heee
~i~fita Siiaii i3~ •ncoura8~,i to grove along titer wgaNtrd shelf and fotabsiy bean.
• [For ~vedands: Wrtiane! ~~n-g, dnaiflas i.~- lha..r~Fa~lt. a a~sq~Hd-k~l- ~air}Eair+ld !~y ra~lars±•ittg-^a
4reas as rte- l~fnd ~~ shool~# be sncou€'apsd to grew !n th+e marsh areas.
~. Si r~;a ~~, ~ m€,i~ ~ ~ir~ci Cdr an emergency ar to peKOrm maintenance. the hushing. at sadi>x+arxk. #hrQ~h
the iirl~-~etg~cY drain s!~a!l ~! !n!!1!!~s=sd to the FYlaximum mxtant pr$r~#€~i-
'. ~„i o$~orist~ t~f the wei ;vreii+~nd~ dstorrt€ars barer, 3iysterri sF€all ~ rtlain~€in,id fn good walittng vrdN'.
a. wsvst ri~rett- or ath~r s~nlotur~ that provide d€tNae flow ahtllt bs maintalnad every.six mnn•_kFs. AI€.
eacul»t,isted seditnenit and debrl~ mi+e!! ~ raassaved ~tott~ the str,re; and s l+av~t! si~r~t~ s.~aii bs
nts"ntNifl~ IICtO#~ ~1~ ~Mlrt }€CYV s~~~ .3tCl,~#I.iLit..tgd't~-dCt"aR4 ~{~f~€#ff~-1r~41CfF !'C4ElJ4• ~°!' F!'j74fr~ .-.n~a#.~or
rapis~i+t+td a~ ~~~.
acs ~o~lr9aiga Fid agtca br my signaturo beiart that ! am reaRonsi4-!e fa the, pettoF manes o[ ttii3 aev~en
s"t~rrt~rF prdtc~~iut~-€ct t spree ttt ~~,, QVlrQ a~an*/ pt'~blt~rrla v~ritt! Ms ayet~i sr ~r:~ to srS`f
vhaftgos M thensystem Or responsible: ~:.
.~
-~~~- Eli/ 11~ 1 ~I.~M~~i~y Ski
Addre~; l~ c~. if / ~;'~~ C' LV. ~S:- 1.,.~ ~' ~~ ? a. I
stgtisture:
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t5€~ar i €~ raga€i`~ Fa~o++atrs€ir party should not ~ e iFemsarmirs ~soeWeaon uesl+~6 t'L-otr~ tlKr; iiD°% a# i€sr lags
• have inn soil and a resWent af~e subdiviekm t~s b~n.named.tha.}~ceslci,~stt.
!. 1, ~~~ .~c~ r a,- , ~ ~~~l-y f'tsi7lly f~' iha ~ipri~~vf - ~ ~-~-1._ (~2~~; rzrx..~
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~+t~r.ot t-~oxt,r~~c~ , ~ her- ~-#~!y tit ~.h~~.+.-L~ S {~--{ ,~~~
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Engineering Tei_ `828} 452-4410 • Fax: [phone] • wwva.bradshaevengineering.co~rt
~IL ENGINEERING LAND PLANNING
Project: 1 i~d ~ r~'-~5-~ Prepared by:
Date: ~ ~ Page:
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Engineering Tei: [phone] • Fax: (828f 456-5455 • ww~~v.bradshawe!7yineering.com
~VIL ENGINEERING LANES PLANNING
Project: (r°`/ ~~ s ~e ~/-e~~---~ Prepared by: ~~ S
Date: '~~-6,~~'1 Page:
•

Troy Muse
Constructed Stormwater Wetland
Riser Outlet Pipe
• INPUT INFORMATION
This is a Round Culvert
Pipediameter =1.500 ft
Entrance Shaue•
Sharp Flush
Culvert Length = 68.00 ft
Culvert Slope = 5.00E-03 ft/ft
Roughness Coef. = 0.0120
Orifice Coef. of Discharge = 0.700
Entry Loss Coef. 'Ke' = 0.500
Water Head above bottom of Culy. at entrance = 1.750 ft
Oa at:
Flow Capacity'Q' = 6.819 cfs
Flow Velocity'V = 3.$59 fps
Under Pressure
•
•

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Engineering ~°I. !828} X52-~~;1J = Fa;;: !x:28} 456-5455 • ww~~.~.bra~ysi~aw~nginEering.com
~VIL ENGlNEERlNG LAND PLANNING
Project: 1 t'd ~ yU~-~1-~-
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~VtL ENGINEERING LAND PLANNING
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Prepared by: ~~4 S
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Troy Muse
Constructed Stormwater Weiland
Riser Outlet Pipe
• INPUT INFORMATION
This is a Round Culvert
Pipe diameter =1.500 ft
Entrance Shane•
Sharp Flush
Calvert Lengti~ = 68.00 ft
Culvert Slope = 5.00E-03 ft/ft
Roughness Coef. = O.OI20
• Orifice Coef. of Discharge = 0.700
Entry Loss Coef. 'Ke' = 0.500
Water Head above bottom of Culy. at entrance = 1.750 ft
On nt:
Flow Capacity'Q' = 6.819 cfs
Flow Velocity'V' = 3,859 fps
Under Pressure
•
•

Bradshaw Po ~cX ,c„ .:ruav~,~s,- i~~, ~e 28786
Engineerin Tel: %828' 452-44 i0 `Fax: [phone] • Lvw~~F~.bradshavvengin~ering.com
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Project: I ~~ y ~UI-2
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Engineering ~~~' ~828i 452-4'1~ • Fak: E~L8) 456-5455 • ~-vw~v.bradshawe;iyineerin~.com
~VIL ENGINEERING ~ LAND PLANNING
Project: I~'°`f {~,~-`.e ~„f~e~~-w-~
Date: 7/~,~r~~

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Troy Muse
Constructed Stormwater Wetland
Riser Outlet Pipe
• INPUT INFiDRMATION
This is a Round Culvert
Pipe diameter = 1.500 ft
Entrance Shaue•
Sharp Flush
Culvert Length = 68.00 ft
Culvert Slope = 5.00E-03 ft/ft
Roughness Coef. =0.0120
Orifice Coef. of Discharge = 0.700
Entry Loss Coef. 'Ke' = 0.500
Water Head above bottom of Culy. at entrance = 1.750 ft
On ut:
Flow Capacity'Q' = 6.819 cfs
Flow Velocity'V' = 3.859 fps
Under Pressure
•
•

DWQ Project No.
• DIVISION OF WATER QUALITY - 401 EXTENDED DETENTION (and POCKET°) WETLAND WORKSHEET
I. PROJECT INFORMATION (please complete the following information):
Project Name : {2.o j~v11 -'
Contact Person: M ~ '~'°~ ~~'~`'~
--~'cc'k' ~~ Phone Number. ~Zg) ~5Z _ ~N I c
For projects with multiple basins, speafy which basin this worksheet applies to:
Permanent Pool Elevation Z q 35• +11
Temporary Pool Elevation ft• (elevation of the orifice invert out)
Z 9 36~- fr, (elevation of the outlet structure invert in)
Permanent Pool Surface Area b ~ ~ p
Drainage Area ~~- ~~ tt. (water surface area at permanent pool elevation)
Impervious Area ~ B ~ ac• (on-site and off-site drainage to the basin)
Forebay Surface Area ~• (on-site and off-site drainage to the basin)
~ I ~ ~ sq. tt. (at permanent pool elevation a ° *
Marsh 0"-g" Surface Area pproximately f 5 /°)
Marsh 9"-18" Surface Area 3 ~~5 sq• fr• (at permanent pool elevation approximately 35%)*
rVlicro Pool Surface Area 2 3 S ~ ~~ ft. (at pem~anent pool elevation approximately 35%)*
sq• tt• (at t~manent pool elevation approximately 15%)*
Temporary Pool Volume _ ~ Oa cu. ft. (volume detained on top of the permanent pool)
sAfoa used i1~l3sf 53g ~c..
Diameter of Orifice (surface area to drainage area ratio)*
~ ~n• (draw down orifice diameter)
II. REQUIRED ITEMS CHECKLIST
Initial in the space provided to indicate the folowing design requirements have been met and supporting documentation is attached. !f a
requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes
a worksheet for each BMP, design calculations, plans and specfications showing all BMPs and outlet structure details, a detailed
drainage plan and a fully executed aeration and maintenance agreement. An incomplete submittal package will result in a request far
additional information and will substantially delay final review and approval of the project
Applicants Initials
- ~`-~ The temporary pool controls runoff from the 1 inch rain.
- ~' ~'~ The basin side slopes are no steeper than 3:1.
3V F ~ tiJ Qss~x. • A planting plan for the marsh areas with plant spades and densities is provided.
F T.a as6oc Vegetation above the permanent pool e~vation is specified.
~°i~~(t:T b*-o4~r~ An emergency drain is provided to drain the basin.
~ The temporary pool draws down ~ 2 to 5 days.
t'cg Sediment storage is provided in the permanent pool.
~cS A sediment disposal area is provided.
~`''~ Access is provided for maintenance.
g'f F: w A ~~~ A site spedfic, signed and notarized operaton and maintenance agreement is provided.
-~~g The drainage area (inducting any offsite area) is delineated on a site plan.
- Pry Access is provided for maintenance.
?cg Plan details for the wetland are
~,~,~ provided.
Ptah details for the inlet and outlet are provided,
~'f F ~ vs r..scn- A site specific operation and maintenance agreement, signed and notarized by the responsible
httpJlh2o.ehnr.state.nc.us/ncwetlands/oandm.doc). Party is provided (see
* Pocket Wetlands have different design parameters and are only assumed to remove 35% TSS -See pp.19and 20 of the NC DENR
Stormwater BMP Manual, April 1999.10% open water, 50°~ high marsh, 40% low marsh.
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LEGEND
~~i-'~ii,t,-r` EXISTINGWEMNDS.
,;,.
STOAMWATER WETLAND
CALCULATIONS.
WETLAND VOLUME REQUIRED =
3839x1'x D91 x5,79 ac.=119~13d
FORE4AY• 111181
DEEP P00.8 HI• !8151 8ULH1
SNMLUYWAIFR• 114181
9XALLOWWA• f 181198
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DBAH4AGE STRUCfUBE TABLE
STRUCTUREq TYPE REFERENCE
ELEVATION INVERT
st FwEO3rosECT. N% mv.. NI:M
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LEGEND
O EXISTING WETLANDS
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•
Prepared by and return to: John C. Kersten, Esq., 95 Depot St., Waynesville, NC 28786
NORTH CAROLINA
HAYWOOD COUNTY
STORMWATER CONTROL STRUCTURE AND ACCESS
EASEMENT AND AGREEMENT
THIS STORMWATER CONTROL STRUCTURE AND ACCESS EASEMENT AND
AGREEMENT, made this day of , 2008, by MUSE 23/74 WEST,
LLC, a North Carolina Limited Liability Company, whose principal address is
• (hereinafter called "Grantor"), with, to and for the benefit of the
State of North Carolina Division of Environment and Natural Resources, whose address is
(hereinafter called "Grantee").
WITNESSETH:
WHEREAS, Grantor is the owner in fee simple of certain real property, situated in the
County of Haywood, North Carolina and more particularly described as follows:
That certain property described in that deed of record in Book 628, Page 1512,
Haywood County Registry.
WHEREAS, the property is located within the jurisdiction of the Division of Environment
and Natural Resources (hereinafter called "Division") and is subject to certain requirements in the
regulations of the Division, as such may be amended from time to time; and
WHEREAS, one of the conditions for development of Property is the granting or dedication
of a Stormwater Control Structure easement, which includes the implementation of certain
stormwater practices such as, but not limited to, the construction, operation and maintenance of
engineered stormwater control structure(s); the dedication of an access easement for inspection and
maintenance of the Stormwater Control Structure easement area and engineered structures; and the
assumption by Grantor of certain specified maintenance and repair responsibilities; and
•

• WHEREAS, this Easement and Agreement has been procured in accordance with the
requirements of N.C.G.S. Sec 143-211 et. s
NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may derive
therefrom, the receipt of which is hereby acknowledged, Grantor has dedicated, bargained and
conveyed and by these presents does hereby dedicate, bazgain, sell, grant and convey unto the
Grantee, its successors and assigns, a perpetual and irrevocable right and easement in, on, over,
under, through and across Property (1) for a STORMWATER CONTROL STRUCTURE easement
(hereafter "SCS Easement") of the nature and chazacter and to the extent hereinafter set forth, more
particularly shown and described on Attachment hereto (as builts to be attached) which is attached
hereto and incorporated herein by reference; upon which Grantor shall construct, maintain, repair
and reconstruct stormwater control structure(s), including detention pond(s), pipes and water control
structures, berms and dikes, and shall establish and maintain vegetative filters and ground covers;
and (2) an access easement more particularly shown and described on Attachment for the purpose
of permitting State inspection and, if necessary, maintenance and repair of the SCS Easement and
engineered structure(s) as more fully set forth herein.
The terms, conditions, and restrictions of the Stormwater Control Structure Easement and
Access Easement aze:
1. The requirements pertaining to the SCS Easement are more fully set forth in that certain
attachment hereto.
• 2. Grantor represents and warrants that Grantor is financially responsible for construction,
maintenance, repair and replacement of all stormwater control structures, appurtenances and
vegetation, including the impoundment. Grantor agrees to perform the maintenance as outlined
above and in the Operations and Maintenance Manual in consideration of the Certificate of
Compliance with stormwater regulations received for Property.
3. If Grantor fails to comply with these requirements, or any other obligations imposed herein, the
State of North Cazolina may perform such work as Grantor is responsible for and recover the costs
thereof from Grantor.
4. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee, its
officers, employees, and agents may enter Stormwater Control Structure and Access Easement
whenever reasonably necessary for the purpose of inspecting same to determine compliance
herewith, to maintain same and make repairs or replacements to the engineered stormwater control
structure(s) and appurtenances and conditions as may be necessary or convenient thereto in the event
Grantor defaults in its obligations and to recover from Grantor the cost thereof, and in addition to
other rights and remedies available to it, to enforce by proceedings at law or in equity the rights,
covenants, duties, and other obligations herein imposed.
The Grantor shall in all other respects remain the fee owner of Property and area subject to
these easements, and may make all lawful uses of Property not inconsistent with these easements.
•

• The Grantee does not waive or forfeit the right to take action to ensure compliance with the
terms, conditions and purposes of this Easement and Agreement by a prior failure to act.
The Grantor agrees that the terms, conditions and restrictions of this easement will be
inserted by Grantor in any subsequent deed or other legal instrument by which he divests himself of
either the fee simple the to or possessory interests in the subject property. The designation Grantor
and Grantee shall include the parties, their heirs, successors and assigns.
TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted
to the Grantee, its successors and assigns forever and the same Grantor does covenant and that
Grantor is seized of said premises in fee and has the right to convey the same, that except as set forth
below the same aze free from encumbrances and that Grantor will warrant and defend the said title
to the same against claims of all persons whosoever.
The covenants agreed hereto and the conditions imposed herein shall be binding upon the
Grantor and its agents, personal representatives, heirs and assigns and all other successors to Grantor
in interest and shall continue as a servitude running in perpetuity with the above described land.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its
company name by its duly authorized members.
MUSE 23/74 WEST, L.L.C.
•
By:
By:
By:
sy:
STATE OF
COUNTY
Charles Hugh Muse, Member-Manager
Julia Renee Muse, Member-Manager
Susan Lorraine Muse, Member-Manager
Melissa Leonard, Member-Manager
I, , a Notary Public for said County and State, do
hereby certify CHARLES HUGH MUSE, Member-Manager of MUSE 23/74 WEST, L.L.C., a North
Carolina Limited Liability Company, personally appeazed before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
•

• Witness my hand and official seal, this the day of , 200_.
My Commission Expires: Notary Public
STATE OF
COUNTY
I, , a Notary Public for said County and State, do
hereby certify JULIA RENEE MUSE, Member-Manager of MUSE 23/74 WEST, L.L.C., a North
Carolina Limited Liability Company, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the day of

My Commission Expires:
STATE OF
COUNTY
Notary Public
200_.
I, , a Notary Public for said County and State, do
hereby certify SUSAN LORRAINE MUSE, Member-Manager of MUSE 23/74 WEST, L.L.C., a
North Cazolina Limited Liability Company, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the day of
My Commission Expires: Notary Public
200_
•

• STATE OF
COUNTY
I, , a Notary Public for said County and State, do
hereby certify MELISSA LEONARD, Member-Manager of MUSE 23/74 WEST L.L.C., a North
Carolina Limited Liability Company, personally appeazed before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal, this the day of , 200_.
My Commission Expires: Notary Public
•
•

• Muse 23/74 West LLC
Peddlers Square 0 8 0 3 9 8
Addendum
Proposed Planting Plan
Stormwater Wetland and Riparian Buffers
The proposed planting plan for the Peddler's Square project is shown on the attached
construction plans. The planting plan will consist of species listed as typical vegetation
for the community type common in the Waynesville valley area. The stormwater
wetlands and restored wetland areas will be placed in a deed restriction as shown in the
attached proposed deed. The entire project will be planted where existing vegetation is of
poor quality or where any disturbance takes place as a result of project construction. 'The
riparian trout buffer areas will be planted under the same guidelines as the stormwater
wetland BMP specifications.
The stormwater wetland and buffer plantings are shown on the attached construction
plans. Exact locations for the BMP and Drift Creek will be determined on site after the
final grade is achieved for the wetlands and will be determined by the as built soil
conditions (wet/dry). The tree species used will consist of red maple, black cherry, white
oak, sycamore, and black willow and shrubs of tag alder, silky dogwood, and silky
• willow. Live stakes will be used for silky dogwood and silky willow. Wetland seed
mixture will consist of the following: soft rush (Juncos effusus), joe pye weed
(Eupatorium fistulosum), fox sedge (Carez vulpinoidea), other Carex sp., cardinal flower
(Lobelia cardinalis), swamp rose (rosa palustris), bulrush (Scirpus sp.), and evening
primrose (Oenothera biennis). Aquatic plants will include species listed in the DENR
BMP Manual July 2007, depending on fmal depth of deep pool areas and what is
available from local and regional nurseries during the eazly April to mid-June planting
window.
Deep pools will be planted with aquatic species and seeded with wetland species to
ensure vegetation in the shallow edges. Shallow Water areas will be seeded with the
wetland seed mixture and planted with live stakes. The Shallow Land and Upland areas
of the stormwater BMP will be planted with trees, shrubs and herbaceous cover.
Herbaceous cover will be a mixture of native species and orchard grass to stabilize and
provide ground cover. Tag alder will be planted using transplants. The following table
shows the list of the trees and shrubs, common names, scientific names, quantity, type of
container and container size if appropriate, planting season, and source of plant material.
A total of 60 large trees, 200 shrubs, live stakes or 1 gallon container trees, and 36
aquatic plants will be planted throughout the stormwater wetland BMP. The total number
of trees and shrubs are below the design requirements for this size of BMP for several
reasons. First, there will also be overlap with the trees planted on the trout buffer on
• Drift Creek (40 trees). Second, there are multiple berms in the design, which reduce the

• area suitable for tree and shrub planting. Finally, the multiple inlets and outlets also
reduce the area available for tree and shrub plantings. These transition areas will be
planted and maintained in herbaceous cover.
Trees and shrubs will be planted randomly, with emphasis on landscape islands where
possible. Trees will be spaced at 11' to 19' apart and shrubs will be spaced 7'-12' apart.
Live stakes will be placed 2'-3' apart. Aquatic plants will be placed on the benches of
the permanent pools at a spacing of 1'-2' apart. The herbaceous seed mix will be spread
at the rate of 15-201bs/acre. Based on FWA's observation of successful germination of
wetlands seeds in WNC where moisture is appropriate, emphasis will be on seeding
instead of transplanting herbaceous plants. Because of the dry weather pattern that WNC
has been experiencing, survival of transplants in marginal azeas of moisture would be
very poor. The amount of moisture present in the stormwater BMP will be unknown
until after construction. Seeding will take advantage of the wetter azeas and provide
cover in the dry azeas where transplants would require watering and experience poor
survival. Transplants will be used for replacement plantings once the hydrology of the
wetland becomes established. Temporary vegetation for erosion control will consist of
annual rye (cool season) or millet (warm season) depending on the construction schedule.
A grass buffer will be established around the BMP using centipede or equivalent seed
mixture.
Soil amendments will be used where soil conditions indicate a need for mulch, fertilizer
or pH amendment is necessary. Soils removed during the excavation of the stormwater
• wetland areas that is suitable for pool and wetland edges will be incorporated into the soil
in these areas. Most of the native soil on the site is hydric and will require little
amendment to ensure healthy growth of the wetland plantings.
No trees or shrubs will be planted on the water impounding berms, only grass to allow for
maintenance and protection of the dams. If the berms are less than 4' high, then only
small height trees and shrubs will be planted in those locations. No trees or shrubs will
be planted within 10 feet of inlet or outlet pipes, or manmade drainage structures.
Willows will not be planted within 50' of these structures.
Trees and shrubs will be inspected and supported through the first year of growth,
including any necessary watering and/or replacement of dying specimens. There will be
a minimum two-year warranty period for all plants. This warranty will include 100%
survivaUreplacement of all plants at the end of the first and second year. Procedures will
be developed to control invasive weeds, animal and vandal damage, mulching, re-staking,
and watering to ensure plant survival. Any staking used will be removed after
establishment of the trees (approximately 12 months).
Construction Sequence
The majority of the construction on site has already occurred (permit after the fact). The
• remaining building and parking lot construction will be built, stabilized and asphalt
2

• pavement as quickly as possible. While construction on the last structures and lot are in
progress, sediment control catch basins, silt fences, rock filters and other appropriate
sediment control devices will be employed to keep the runoff from active construction
sites from the stormwater system. Retrofitting the. stormwater system into the stormwater
wetland BMP will be completed prior to the wetlands completion in order to prevent an
initial influx of sediment.
•
•
3

• i •
Muse 23/74 West Project -Landscape Plants Table
Container Planting
Stormwater Wetland BMP Scientific Name Common Name #s Container Tye #s Size Season
110
Trees l 10 1 al Winter
Acer rubrum Red ma le 12 a
Ball & Bur
l
ll & B 10 1 al Winter
Prunus serotina Black Cherr 14 ur
a
Ba
ll & Burla
B 10 1 al W intei
uercus alba White Oak 12 a
l
~ 10 1 al Winter
Platanus occidentalis S camore 12 Bur
a
Bal! &
l
ll & B 10 1 al Winter
Salix ni ra Black willow 10 ur
a
Ba

Shrubs 150
k
S
i
S rip
Corpus amomum Silk do wood 60 e
ta
ve
L
b
l
t t S rip
Alnus serrulata Ta alder 50 es
u
an
Trans
k
S S rip
Salix sericea Silk Willow 40 e
ta
Live

A ril -June
A uatic Plants * 36
ff
t B
T
i er
u
rou
an
Ri ar
70
Trees n Winter
Acer rubrum Red ma le I S on
1 a
n Winter
Prunus serotina Black Cherr 15 on
1 a
n
1 Winter
uercus alba White Oak 15 on
a Winter
Platanus occidentalis S camore 15 1 anon
n
1 Winter
Salix ni ra Black willow 10 on
a

Restored W etlands
100
Trees W hi Winter
Acer rubrum Red ma le 30 s
Whi Winter
Prunus serotina Black Cher 30 s
Whi Winter
uercus atba
Platanus occidentalis White Oak
S camore 10
20 s
W hi s
Whi Winter
Winter
Salix ni ra Black willow 10 s

200
Shrubs ke
St
Li S rip
Corpus amomum Silk da wood 75 a
ve
be
t t
l s Spring
Alnus serrulata Ta alder 75 u
an
Trans
k
St
Li S ring
Salix sericea Silky W illow 50 a
e
ve

*to be selected from list in BMP m anual from local source s

Proposed Planting Plan, Muse Property, Haywood County, NC.
•
•
•
N

oa °3ga
Legend
~ Buffer Trees
BMP Trees
~~ BMP Shrubs
BMPAquatics
Restored wetlands
Existing wetlands
0 20 40 80 120 160
Feet

Proposed Planting Plan, Muse Property, Haywood County, NC.

•
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