20080674 Ver 1_More Info Received_20080605

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CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
June 3, 2008
Ms. Cyndi Karoly
NC Division of Water Quality
401 Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Request for Additional Information
Ridgecrest
Haywood County
DWQ Project # 08-0674
Dear Ms. Karoly,
M
JUN 5 20f)8
DENR - VVAYEk QUAII( Y
WETLANDS AND ST©RMWATER BRANCH
Please reference the "Request for More Information" dated May 22, 2008 sent by the
North Carolina Division of Water Quality (DWQ) in response to the permit application
submitted by C1earWater Environmental Consultants, Inc. (CEC), on behalf of Mr. Craig
Woolmington, requesting written authorization for the construction of permanent road
crossings associated with the development known as Ridgecrest. The DWQ determined
that the application was incomplete and/or provided inaccurate information and requested
three additional items for review. Each additional information request will be discussed
below.
1. "Application Item II., requests Owner /Applicant Information. You have supplied
that Woolmington-Smith Ventures, LLC is the owner and applicant of the property in
question. On your supplied agent authorization document, you indicated that
Woolmington-Smith Family Trust is the property owner. Neither company / entity is
registered with the North Carolina Secretary of State to do business in the State of North
Carolina. "
"Additionally, the registered owner for the property in questions is Craig and Barbara
Woolmington-Smith, Trust not either of these names listed in the application or
supporting documents. "
"You must provide clear and accurate owner information in both the application and the
Agent Authorization. Any business or entity desiring to do business in North Carolina
must be registered with the North Carolina Secretary of State. "
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www, cwenv, com
The property owner of record for the subject property on NC Highway 276 (Jonathan
Creek Road) is The Craig Woolmington- Smith and Barbara Woolmington-Smith Trust
(Trust). A copy of the warranty deed that names Craig and Barbara Woolmington-Smith
as Trustees of the Trust, which owns the subject property, is attached for review
(Appendix A). A revised copy of the permit application and agent authorization with
correct owner/applicant information is included for review (Appendix B). A local
Waynesville address is listed on the warranty deed; however, the applicant has requested
that any correspondence be sent to the Orinda address listed on the application.
2. "Application Item IV., Prior Project History requests that all previous property
related governmental actions (Jurisdictional Determination, Permits, wetland, stream,
and buffer impacts, associated mitigation) be detailed. The supplied information
describes the Notice of Violation issued by the Division, but does not indicate that any
other actions have been taken. Please provide a more concise description of the
governmental actions taken with respect to this property. "
The most complete prior project history available to CEC at the time of application was
supplied in the permit application within the "Prior Project History" section. The
following excerpt was taken directly from the application dated April 9, 2008.
"On January 24, 2008, a site visit was conducted by Kevin Barnett and Linda
Wiggs of the DWQ; David McHenry of the WRC; and Marc Pruett and Jennifer
Bradish of the Haywood County Erosion Control Office. On January 28, 2008,
the DWQ issued a Notice of Violation; no DWQ Project number was identified
on the NOV. On February 12, 2008, Mr. Craig Woolmington submitted a
response to the NOV. On February 29, 2008, C1earWater Environmental
Consultants, Inc. (CEC) had a telephone conversation with Kevin Barnett of the
DWQ regarding the response. Mr. Barnett indicated that the February 12, 2008
response was sufficient to meet the condition that required Mr. Woolmington to
respond with 30 days. CEC indicated that a permit for the unauthorized activity is
forth coming."
On February 19, 2008, Ms. Rebekah Newton and Mr. Clement Riddle of CEC delineated
the subject property. This information was inadvertently omitted from the prior project
history. On May 16, 2008, the US Army Corps of Engineers issued an after-the-fact
Nationwide Permit 29 for impacts at the property. And, on May 22, 2008, the DWQ
issued a "Request for More Information" to which this letter responds. To the knowledge
of CEC, no other "governmental actions" have taken place at the project site.
3. "Application VI., 1. Proposed Impacts request that a description of the needed
impacts be detailed. You have stated that these wetland impacts were necessary to
access Lots 2, 20, 23, and 27. The supplied details indicate excessive fills were place to
achieve these goals. You must provide a complete plan for property access, which will
provide for the maximum restoration of filled wetlands possible not necessary to achieve
the project need, in order to resolve the issued Violation. This discussion should include,
but not be limited to, further sharing of driveways, re-arranging lot lines, restoration
plans, etc. "
The impacts associated with this project include the installation of driveways that have
impacted wetlands. The existing driveways will provide access to lots 2, 27, and the
unnumbered lot between lots 27 and 18 (lot 23). Lot 20 will be accessed via a shared
driveway with lot 2; the driveway for lot 2 has already been constructed. Lots lines were
redrawn to avoid further impacts to wetlands at the site. Due to topography and its
position in the landscape, the existing driveway for lot 27 is not able to be shared and
serve lot 22. Additionally, a shared driveway for lots 20 and 22 would require additional
wetland impacts, which the applicant is trying to avoid. To access lot 22, a driveway will
be constructed in an area that has already been impacted; lot lines were redrawn to make
this possible Construction of this driveway will not require additional wetland impacts at
the site. Approximately 0.07 acre of wetland was impacted to provide access to lots 22,
27, and the unnumbered lot (lot 23). Due to the topography at the site, extensive grading
is necessary to construct driveways and provide access to lots. What appears to be
"excessive fills" is necessary because of grading activities. The driveways and fill slopes
of these three lots, 22, 27, and the unnumbered lot (lot 23), also prohibit any significant
and meaningful wetland restoration. Wetland restoration in these areas would require
removal of some fill slopes, which would jeopardize the structural integrity of the
driveways that access the lots. A "blow up" of the site plan for lots 2, 20, 22, 27, and the
unnumbered lot (lot 23) is included for review (Figure 1). This map indicates the
proposed location of driveway access for lots 20 and 22, which currently do not have
driveway access. The information discussed above was provided to Mr. Kevin Barnett
via telephone and email on May 21, 2008. Wetland impacts at the site are minimal. Over
half of the wetlands on the site have been avoided and the applicant has made every effort
to resolve the violation in a reasonable manner, which does not involve further impacts to
wetlands on site.
The information submitted in this package addresses all issues setforth in the "Request for
More Information" letter. CEC appreciated the DWQ's patience and consideration while
reviewing this project. Should you have any questions or comments concerning this project
please do not hesitate to contact me at 828-698-9800.
Sincerely,
Rebekah L. Newton
Project Biologist
R. ment Riddle, P.W.S.
Principal
cc: NC Division of Water Quality - Asheville

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CLEARWATER
Ridgecrest Environmental Consultants, Inc. Figure 1
Haywood County, NC 718 Oakland Street
Hendersonville, NC 28791
828-698-9800
Appendix A
Warranty Deed
May 29 08 10:20a Woolmington Smith Venture 9252539797 P.1
TRANSFER MADE ON PROPEtRT RECORD
Date I G
C,
' - hiAYWOOD COUNTY MX CERTIFICATION
There are no delinquent taxes due that are in a lien {{?
Iiaywood County--Register of Deeds
_U `-u A
against parcel number(s)
my R. Murray, Register of Deeds
David 6. Francis. Haywood county Tr.,,x Collector Inst# 660370 Book 702 Page 1543
??_ I Date. By: # Pgs; 4 04/23/2007 03:17:25pm
RE-RECORDED
n--A.
`THIS INSTRUMENT PREPARED BY:
Heather C. Baker
Coward, Hicks & Siler
705 W. Main St.
Sylva, NC 28779
File #06b916
NORTH CAROLINA
HAYWOOD COUNTY
Haywood County--Reg as er o Amy R. Murray, Register of Deeds
Inst# 654617 Book 691 Page 272
# Pgs: 3 12/22/2006 01:13:27pm
Excise Tax Paid $ 700.00
8607-34-4533
8607-24-8571
WARRANTY DEED
REVENUE $-700.00
TIS DEED, made, exec fe??,,and eli ered, this the, Ida of December , 2006, by
anrc ?between?'A of i e,?1b t f? ;?pamrties VJrstS1o SanWTHE CRAIG
WOOLMINGTON-SMITH and BARBARA WOOLMINGTON-SMITH TRUST under Trust Date of
January 8, 1986, parties of the second part, whose address is: 567 Soco Road, Waynesville,
NC 28751.
WITNESSETH:
NOW THEREFORE, the said parties of the first part, for and in consideration of the sum
of Ten ($10.00) Dollars and other good and valuable consideration to them in hand paid by the
said parties of the second part, the receipt of which is hereby acknowledged, do hereby give,
grant, bargain, sell and convey unto the said parties of the second part, their heirs and assigns,
all that certain piece, parcel or tract of land, lying and being in Ivy Hill Township, Haywood
County, North Carolina, and more particulorly described as follows:
Being and comprehending a Tract of land containing 21.766 acres as shown on the
survey by L. Kevin Ensley dated July 31, 2006 entitled Ian Wookey and Louise Cissel"
drawing # A-060-06, said plat being recorded in Plat Cabinet C at Slide 4663 in the
Office of the Register of Deeds, Haywood County North Carolina to which recorded
reference is hereby made for a complete metes and bounds description of the lands
herein conveyed.
There is conveyed unto the grantees, their heirs, administrators, executors and assigns,
a joint appurtenant easement and right of way, over a forty foot wide corridor running
from the eastern edge of the pavement bordering U. S. Highway 276 (Jonathan Creek
Road), the eastern margin of which corridor runs from an iron pin set in the southwest
corner of a 3.446 acre tract retained by the Grantors herein, a common corner of the
tract conveyed herein, and runs thence the following calls: S 22-36-59 e 404.04 feet to
an iron pin set; thence S 13-22-09 W 102.35 feet to an iron set; thence with the
southern boundary of a 0.308 acre lot as described on the plat by L. Kevin Ensley
described below two calls. S 50-16-27 E 56.42 feet, and S 83-54-58 E 113.56 feet to
an iron pipe set, TOGETHER WITH full rights of ingress and egress over the existing ten
foot gravel road and forty foot wide easement, and other rights, including but not limited
to the following: The right to widen said road to a maximum of fourteen feet in width,
the right to grade and pave said road and to maintain said forty foot corridor, the right
to install and maintain commercial mail boxes on the easement, the right to determine
what signage shall be permitted upon the easement, including present signage and new
May 29 08 10:20a Woolmington Smith Venture 9252539797 P.2
Inst#654617 Book 691 Page: 273
signoge to be installed, the right to install and maintain culverts, sprinkler systems, street
lights, underground utility conduits, retaining walls, and the right to landscape and
maintain the easement and do all such things necessary to preserve the proper
appearance of the easement, subject only to the right of the Grantors herein, their heirs,
administrators, executors and assigns, to use the corridor road for the purposes of ingress
and egress to and from Jonathan Creek Road to the Grantors 2.027 acre tract, as
described on a plat entitled "Survey for Ian Wookey and Louise Cissel" by L. Kevin Ensley,
PLS dated July 31, 2006, revised November 2, 2006, drawing # A-060-06-R. By
acceptance of the instrument the parties of the second part, their heirs, administrators,
executors and assigns and any future Homeowners Association, will maintain and control
the right of way by weed eating, mowing, bush hogging, and or landscaping.
This conveyance is MADE AND GIVEN SUBJECT TO the following restrictions:
1. The lands herein conveyed shall not be subdivided into any more than 17 building
lots.
2. Single wide, double wide or triple wide manufactured homes are not allowed to be
constructed or placed on the lands herein conveyed or upon the lands retained by the
parties of the first part.
3. Unsightly storage of junk, trash, debris orthe use of clothes lines are not permitted on
the lands herein conveyed, or upon the lands retained by the parties of the first part.
4. No pigs, swine, dog lots or any other dangerous animals will be allowed on the
lands herein conveyed or upon the lands retained by the parties of the first part.
Being a portion of the lands described in Book 626 Page 759, Haywood County Registry.
The parties of the first part, their heirs, administrators, executors and assigns hereby
release and quitclaim any and all rights to any timber, springs, minerals, water lines or
reservoirs , and any road rights or easements whatsoever, located upon the lands herein
conveyed.
There is further conveyed unto the grantees, the right to purchase all or any portion
thereof of any adjacent lands retained by the grantors herein, designated as o 3.446 acre
tract and a 2.027 acre tract, as shown on the above referenced plat, of a price equal to
or greater than a bona fide offer fo fair market value made by a third party purchaser.
Upon delivery to Grantees by Grantors of the terms of the offer of any third party
purchaser for value, and upon the refusal by Grantees to exercise their right of first
refusal, such right shall cease to exist and the said Grantors shall be free to sell the
property to anyone, free and clear from any encumbrance created by this instrument. It
shall be conclusive proof that the Grantors have offered to the Grantees, and that the
Grantees have refused to exercise their right o first refusal if Grantor delivers the terms
of the third party offer in writing, by registered return receipt mail, and if no response is
had in writing by registered return receipt mail from the Grantees within ten days of the
mailing of the notice by Grantors to Grantees. Should Grantees elect not to exercise this
right of first refusal, they shall execute any document required in order for the Grantors
to convey good title to a third party purchaser. If the grantees desire to exercise their right
of first refusal, they shall have 60 days to close on the purchase of the property herein
described. If closing does not take place within 60 days of acceptance of exercising of
right of first refusal, this right of first refusal is hereby waived. The term of this agreement
shall commence upon its execution and shall continue for a period not to exceed thirty
(30) years from the commencement date.
TO HAVE AND TO HOLD the aforesaid and above described parcel or tract of
land, with all the rights, privileges and appurtenances thereunto belonging, or in anywise
appertaining, unto the said parties of the second part, their heirs and assigns, executors
and administrators; to their and their only use and behoof in fee simple, forever.
May 29 08 10:20a Woolmington Smith Venture 9252539797 P.3
Inst#654617 Book 691 Page: 274
AND the said parties of the first part, for themselves and their heirs, executors and
administrator, covenant to and with the said parties of the second part, their heirs and
assigns, executors and administrators, thatthey are seized of said lands and premises and
have a good and lawful right and powerto convey the some in fee simple; that said lands
and premises are free and clear from all liens and encumbrances, and that the said
parties of the first part, and their heirs, executors and administrators, will, have, and by
these presents, do hereby forever warrant and will forever defend the said title to the
some unto the said parties of the second part, their heirs and assigns, executors and
administrators, against all lawful claims, whatsoever, of all persons, whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set
their hands and seals, this the day and year first above written.
IAN`d OKEY
STATE OF NORTH CAROLINA
COUNTY OF JACKSON
w
(SEAL)
(SEAL)
LO ISE CISSEL
Notary Public of the above
referenced county and state do here y certify that IAN WOOKEY and LOUISE CISSEL
personally appeared before me this day and acknowledged the due execution by them
of the foregoing instrument for the purposes therein expressed.
WITNESS my hand and Notarial Seal, this the c / day of December , 2006,
My Commission Expires:
`I '--? 0 'g o o -?e
F: \Shoron\wookey. revisiondeed. wpd
,a Jr ..?? J /' ?!? Zc (SEAL)
NOTARY PUBLIC
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Appendix B
Updated Permit Application
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Ridgecrest
2. Name of Property Owner/Applicant: The Craig Woolmington-Smith and Barbara
Woolmington- Smith Trust
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
'Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): none
5. Site Address: Jonathan Creek Road
6. Subdivision Name: Ridgecrest
7. City: Maggie Valley
8. County: Haywood
9. Lat: 35.536594N Long: 83.023563W
10. Quadrangle Name: Dellwood
11. Waterway: UT Jonathan Creek
12. Watershed: Pigeon 06010106
13. Requested Action:
X Nationwide Permit # 29
General Permit #
Jurisdictional Determination Request
Pre-Application Request
(Decimal Degrees Please)
The following information will be completed by the Corps office:
AID:
Prepare File Folder
Authorization:
Assign number in ORM
Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Begin Date
Site/Waters Name:
Keywords:
Jun 03 08 09:28a Woolmington Smith Venture 9252539797 p.l
CLEARWATER ENVIRONM ENTA.L CONSULTANTS, INC.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and--
NC Division of Watei- Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ_
The Craig Woohnington-Smith and Barbara Woommington-Smith Trust
Property Owner of Record: Craig Woolmington-Smith and Barbara Woommington-Smith
120 Village Square, Suite 100
Property Owner Address:
Orinda, California 94563
Phone number: 925-253-9696
Property Location: VC Highway 276 (Jonathan Creek Road)
Owner/Managing partner Signature: C/ - ?/4-Lti1
Date: lvr?c? 3. v?00?
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www,cwenv.com
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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: NW 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Craig W
Mailing Address: The Crai#
-Smith and Barbara W
aP,L;ffW9
JUN 5 2008
iington-Smith
120 Village Sauare. Suite 100
Orinda California 94563
Telephone Number: 925-253-9696 Fax Number: 925-253-9797
E-mail Address: cwoolmingtonga ccim.net
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: R. Clement Riddle
Company Affiliation: ClearWater Environmental Consultants, Inc.
Mailing Address: 718 Oakland Street
Hendersonville North Carolina 28791
Telephone Number: 828-698-9800
E-mail Address: clementkcwenv.com
Updated 11/1/2005
Fax Number: 828-698-9003
Page I of 9
III. Project Information
5
7
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:
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
8607-34-5642
n/a
4. Location
County: Haywood Nearest Town: Maggie Valley
Subdivision name (include phase/lot number): Ridgecrest
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-40
West to Exit 20 (NC Highway 276). Turn south on NC Highway 276 and travel
approximately 5 miles. The entrance to the site will be on the left just before Jonathan
Vallev Church.
Site coordinates (For linear projects, such as a road or utility line, attach
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.536594 ON 83.023563
6. Property size (acres): +/- 24 acres
Name of nearest receiving body of water: UT Jonathan Creek
8. River Basin: French Broad River Basin
(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/mMs/.)
sheet that
ow
Updated 11/1/2005
Page 2 of 9
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project site consists of an existing "bed and breakfast"
and a newly constructed road network with driveways and house pads. The site was
historically maintained as pasture. The land use in the vicinity is mostly residential with
some commercial properties.
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes impacts to wetlands as a result of the development of a single-family
residential subdivision and all associated infrastructure. The applicant will also install a
culvert pipe in an existing driveway to restore the hydrology to a previously impacted
wetland. Impacts to wetlands have been completed; the applicant is seeking after-the fact-
authorization.
11. Explain the purpose of the proposed work: The purpose of the proposed work was to
provide driveway access to residential home sites. Wetland impacts have been completed on
site. The purpose of culvert installation is to restore hydrology to the wetland system that
was disrupted through the installation of a driveway.
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. On January 24, 2008, a site visit was conducted by Kevin Barnett and
Linda Wiggs of the DWQ; David McHenry of the WRC; and Marc Pruett and Jennifer Bradish
of the Haywood County Erosion Control Office. On January 28, 2008, the DWQ issued a Notice
of Violation; no DWQ Project number was identified on the NOV. On February 12, 2008, Mr.
Craig Woolmington submitted a response to the NOV. On February 19, 2008, Ms. Rebekah
Newton and Mr. Clement Riddle of CEC delineated the subject property. On February 29, 2008,
ClearWater Environmental Consultants, Inc. (CEC) had a telephone conversation with Kevin
Barnett of the DWQ regarding the response. Mr. Barnett indicated that the February 12, 2008
response was sufficient to meet the condition that required Mr. Woolmington to respond with 30
days. CEC indicated that a permit for the unauthorized activity is forth coming.
Updated 11/1/2005
Page 3 of 9
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.
No future project plans are anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impacts associated with
this project include the installation of driveways that have impacted wetlands. These
driveways will provide access to Lots 2, 27, and the unnumbered lot between lots 27 and 18
(Lot 23). A culvert will be installed in the driveway accessing Lot 2 so that the hydrological
connection between wetlands is reestablished. The lot lines on site have been redrawn so that
additional impacts to wetlands are avoided. The site plan illustrates the current condition of
the property. Lot 20 will be accessed via a shared driveway with Lot 2. The driveway
Lot 22 will be constructed in an area that was previously impacted. The driveways for Lots
2, 27, and the unnumbered lot (Lot 23) will remain as constructed and illustrated on the site
plan.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland
Located within
Distance to
Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.)
Floodplain
Stream
(acres)
(yes/no) (linear feet)
A Fill Herbaceous No Adjacent 0.06
B Fill Herbaceous No Adjacent 0.01
Total Wetland Impact (acres) 0.07
3. List the total acreage (estimated) of all existing wetlands on the property: 0.17 acre (prior
Updated 11/1/2005
Page 4 of 9
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 acreage, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
No Stream
Impacts

Total Stream Impact (by length and acreage) 0
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.
Open Water Impact Name of
Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake pand estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
No OW Impacts

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.07
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.07
Total Stream Impact (linear feet): 0
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 USAGE.
Updated 11/1/2005
Page 5 of 9
8. Pond Creation -No Pond Proposed
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Impacts on site have been
minimized to the maximum extent practicable. The main road through the subdivision avoids
wetlands completely. All lots have high-ground access with the exception of Lots 2, 20, 22, 27,
and the unnumbered lot (Lot 23). Lot lines have been reconfigured to ensure these lots are
accessible without further wetland impact. Lot 20 will share a driveway with Lot 2 and Lot 22
will be accessed through an area that is already impacted.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
Updated 11/1/2005
Page 6 of 9
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
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.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.
Mitigation in the form of avoidance and minimization has taken place on site.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[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 http://h2o.enr.state.nc.us/wyM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
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 ?
Updated 11/1/2005
Page 7 of 9
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.
I I Zone* Impact Multiplier Required
(square feet) Mitieation
I 1 I 13 (2 for Catawba)
2 1.5
Total I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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. The project site is approximately 24 acres.
Impervious surface area on site is 2.20 acres. This yields impervious surface cover of
approximately 9%. The project will not exceed 20% impervious surface cover.
Updated 11/1/2005
Page 8 of 9
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 will be treated via a municipal wastewater treatment facility.
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 an after-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
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Any
goods and services needed by the residence of this development can be obtained from the nearby
Town of Maggie Valley. This project will not result in additional development, which would
impact nearby downstream water quality.
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).
Updated 11/1/2005
Page 9 of 9
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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