HomeMy WebLinkAbout20052255 Ver 2_Individual_20061017f
Project Summary Sheet for Corps/DWQ
Owner / Applicant
Name:
(Mailing Address:
Phone Number:
P�
RECEIVED
McKeough Land Co. Inc.
Attn: Mr. Andy Baker
140 Airport Road, Suite Q
Arden, NC 28704
828-687-1359
Street Address of Project: Old Toxaway Road
Rosman, NC
Nearest Waterway: Toxaway Creek
River Basin: Savannah River Basin
Nearest City: Rosman NC
Coun : Transylvania County
Decimal Degree Coordinate Location of Project Site: 35.0819418 N
82.8472319 W
USGS Quadrangle Name: Eastatoe Ga
i�
WN;t
Wetland and Natural Resource`"`" '=
Consultants, Inc.
Mr. Steve Lund
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801
December 12, 2005
Mr. Kevin Barnett
NC Division of Water Quality
2090 U.S. 70 Highway
Swannanoa, NC 28778
RE: Round Mountain Falls
Transylvania County, North Carolina
Action ID No. 200532735 / Previous DWQ No. 05-2255
Mr. Lund & Mr. Barnett:
Attached please find an application for a Department of the Army Individual Permit for
Phases 2-4 at Round Mountain Falls. Impacts in Phase 1 totaling 149 linear feet of
stream impact and 0.0068 acres of wetland impact were previously permitted under
NWP 3/39 (Action ID. 200532735). The impacts in Phase 1 are included in the
mitigation section in this permit.
This site is located off of Oscar Chappell Road in Transylvania County, North Carolina.
The site is primarily woodland, with a small amount of pasture. Maps from Transylvania
County GIS, USGS topographical quadrangles, and Transylvania County Soil Survey
maps are included for reference. Also included are copies of the Round Mountain Falls
Site Plan impact map, the wetland delineation map, and a restoration plan package.
Five named blue line channels are found on this site. They are Ann Creek, Bearpen
Creek, Devils Hole Creek, Rock Creek, and Toxaway Creek. Rock Creek is classified by
the North Carolina Division of Water Quality as Class C. The other four channels are
classified as Class C; Tr. All channels are in the Savannah River Basin. Kevin Barnett
and David McHenry conducted a site visit on September 15, 2006. Representative data
forms for the streams and wetlands are included within this application. Photographs of
the existing site conditions and streams to be impacted are also included.
Impacts will be for road crossings to access high ground on the property. Existing
roads have been used where possible to avoid and minimize new impacts. Cumulative
new stream impacts for phases 1-4 total 793 linear feet, and wetland impacts total
0.0068 ac. Impacts within phase 1 are in place as previously authorized. New impacts
Canton Office
Newton Office
PO Box 882 wnrinc.com
PO Box 224
Canton, NC 28716
Newton, NC 28658
828-648-8801
828-465-3035
828-648-8802 Fax I
828-465-3050 Fax
for Phases 2-4 total 608 linear feet. All of the mitigation will take place on site. Stream
mitigation will be in the form of restoration and preservation.
This application package includes narratives that describe the proposed impacts to
Water of the US. Also, included in the narratives is an assessment of avoidance and
minimization as well as a mitigation proposal for unavoidable impacts. An alternatives
analysis is also included that describes the other sites that were researched by the
applicant prior to contracting on the proposed parcel.
Please call me at 828 / 712-9205 with any questions that you may have.
Best regards,
Jennifer Robertson
Cc: Andy Baker
McKeough Land Company
140 Airport Road, Suite Q
Arden, NC 28704
Cyndi Karoly
NC Division of Water Quality
2321 Crabtree Blvd
Raleigh, NC 27604
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax
wnrinc.com
Newton Office
ce
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax
08/11/2005 THU 10:30 FAX 616 847 9893 Mcgeough Land Company IM002/002
4 . ,
WMI\lit/l
Weiland and Natural Resource .•o
Consultants, Inc.
Department of the Army
Wilmington Dtstri Corps of Engineers
Attn: Ken Jolley, Chief Regulatmy Division
PO Box 1894
Wilmington, North Carolina 213402-1894
-and-
NC Division of Water Quality
Attn: Cyndi Kamiy
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
1, the current landowner of the pr j identified bebwr, hereby, authorize WedmW and Natural
Resource Consultants, Inc. Co act: on my behalf as my agent during the processing of permits to
impact Wetlands and Waters of the LIS that are regulated by, the Clean Water Act and the
Rivers and Harbors Act.
Federal and State agents are aut hart and to be on said property when accompanied by Wetiaand
and Natural Resource Consu tares, Inc. staff.
'Nedand and Nabi -A Resource consultants, Inc. is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property OWner of Record:/ r/C/S 0 v 9ln G. Gn a ca
Address:_►q++r' e -_ a�r
Address: K • !i el\�
Address: p• C, a4104
Phone Number 9 L 2 Zk22
Property Lotion:
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Date: G o
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PO 8= 862862 'Nm inGWm PO B= 224
Canton. NC 2$716 Newmn, NC 23638
828.548-8801 828465.3035
87.8.546-M r= 1
828-465-3050 Fax
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Name: EASTATOE GAP
Location: 035.1013863° N 082.8566167° W
Date: 12/13/2005
Caption: Round Mountain Falls
Scale: 1 inch equals 4000 feet
Transylvania County, NC
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Name: EASTATOE GAP Location: 035.0794685° N 082.8524912° W
Date: 12/13/2005 Caption: Round Mountain Falls
Scale: 1 inch equals 1333 feet Transylvania County, NC
Copyright (C) 1997, Maptech, Inc.
Transylvania County, NC -- Printable Map
Transylvania County, NC
Page 1 of 2
Pin: 8540-96-2181-000
Owner:
LAKE TOXAWAY CO
100 WATERFALL CIRCLE
LAKE TOXAWAY,NC 28747
County ID: T212 00013 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200409
Sale Price: $0
Area: 819.57 AC
Township: Eastatoe
Deed Book: 00252 Pg: 0499
Sale Inst: QC
Sale Imp: V
Zoning:
Land Value: $2,065,320
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $2,065,320
Legal Address: SR 1142
Parcels
Other Attributes
http://arcims.webgis.net/nc/transylvania/printable.asp?process=id&x2=850547.85681183... 12/13/2005
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
ITEMS 1 THRU 4 TO BE
FILLED BY THE CORPS
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETED
ITEMS BELOW TO BE F/LLED BY APPLICAN
5. APPLICANT'S NAME
8. AUTHORIZED AGENT'S NAME AND TITLE (aneoentisnotreawed)
McKeough Land Company
WNR, Jennifer Robertson, President
6. APPLICANT'S ADDRESS
9. AGENT'S ADDRESS
140 Airport Road, Suite Q
P.O. Box 882
Arden, NC 28704
Canton, NC 28716
T. APPLICANT'S PHONE NOS. W/AREA CODE
10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence
a. Residence
tCEiVED
b. Business 828-687-1359
}
1 b. Business 828-712-9205
1 1. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
See Agent Authorization For
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (—nsrruatons;
Round Mountain Falls
13. NAME OF WATERBODY. IF KNOWN 114. PROJECT STREET ADDRESS (itappii—bie)
Ann, Bearpen, Devils Hole, Rock, Toxaway
15. LOCATION OF PROJECT
Transylvania North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinstrucriom)
Oscar Chappell Road
Rosman, NC
17. DIRECTIONS TO THE SITE
From Rosman, NC head south on US Hwy 178. Turn right on Old Toxaway Road, follow for a few
miles. Turn left on Oscar Chappell Road, site starts at brown gate.
ENG FORM 4346, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (Description of pro(ect, mcrude all features/
This site will be developed as a resort community in four phases. Impacts are necessary for
road construction to access lots. Heavy equipment will be used in construction of roads.
(see attached narrative for greater detail)
19. Project Purpose (Describe the reason or purpose of the project, see irwructions)
This project will provide housing opportunities and jobs on a local, regional, and national
level. (see attached narrative for greater detail)
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s)for Discharge
Impacts are necessary for road construction to access lots. These impacts have been avoided
and minimized by using existing logging roads. (see attached narrative for greater detail)
21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
Total channel impact with culverts and fill will be 793 linear feet or 69.32 cubic yards.
22. Surface Area in Acres of Wetlands or Other Waters Filled (seeinstrwaonsl
Total wetland impacts with culverts and fill will be 0.0068 acres.
23. Is Any Portion of the Work Already Complete? Yes F-77 No = IF YES. DESCRIBE THE COMPLETED WORK
Phase 1 impacts are in place. They were approved under NWP 3/39, Action ID 200532735.
24, Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
see attached list
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGFNCV TYPF APPRnVAI * InFNT1F:1rATInN mIMRFR r)ATF APPI IFr) r)ATF APPRnVFn nATc naeurn
USACE NWP 3/39 200532735 ,10/11/2005
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. 1 further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
ID-Ia-D�
SIGNATURE OF APPLICANT DATE SIGN URE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $ 10,000 or imprisoned not more than five years or both.
Project Purpose and Need
McKeough Land Company, the project proponent, is proposing the
construction of 17 infrastructure road crossings in Phases 2-4 and 5
driveway crossings (total in all Phases) for a total of 33 crossings, in all
Phases (11 in Phase 1 that have been previously permitted and 22 in Phases
2-4), on the 816 -acre site known as Round Mountain Falls. The 22 road and
driveway crossings will impact NC DWQ verified perennial and intermittent
streams. The site plan consists of a residential development with 191 lots.
All road crossings are necessary to access high ground for the development
of single-family residences.
The Round Mountain Falls site is located at the end of Oscar Chappell Road
in Transylvania County, NC. The 816 -acre tract is depicted on the attached
Transylvania County Tax Map as Parcel # 8540-96-2181-000. This site is
primarily forested with mixed hardwood stands of mixed age classes. Some
areas have been recently timbered. Old home sites are also present on-site,
though there are no remaining structures, only clearings. There is one
grassed pasture present on site.
The subject streams are all in the Savannah River Basin; and they include
Ann Creek (Class C; Tr), Bearpen Creek (Class C; Tr), Devils Hole Creek
(Class C; Tr), Rock Creek (Class C), Toxaway Creek (Class C; Tr), and
unnamed tributaries. Impacts are to these streams, their unnamed
tributaries, and two adjacent wetlands (previously permitted in Phase 1).
The subject streams were assessed by Mr. Kevin Barnett of the NC DWQ on
September 15, 2006. Each stream crossing location was assessed to be
either perennial, intermittent, or ephemeral based on its score from the
North Carolina Division of Water Quality Stream Identification Form
Version 3.1. The perennial and intermittent determinations can be seen on
the "Simplified Impact Table".
The attached Simplified Impact Table for streams lists the crossing
number, duration of flow as determined by the NC DWQ, pre-existing pipe
length, proposed impact length, and net new impact. The mitigation table,
included with the impacts table, separates impacts by perennial and
intermittent classification. Based on their classification a mitigation ratio
and multiplier are devised, and the amount of mitigation is calculated. No
mitigation is proposed to impacts on ephemeral features and these locations
are not shown on the impact maps.
Avoidance and Minimization
The land planning team has avoided and minimized impacts to the maximum
extent practicable, while still meeting development goals. New roads are
proposed along pre-existing logging roads in order to minimize new impacts
to the property. There were a total of 52 jurisdictional road and driveway
crossings, in all phases (20 in Phase 1 and 32 in Phases 2-4), proposed for the
development of Round Mountain Falls. Through minimization, crossings D, E,
F, 6, and J in Phases 2 and 3 have been eliminated, decreasing impacts on
site by 100 linear feet. Four bridges will be used on site, they include,
crossings 23 and 45, the bridge on the abandoned state road, and the
Toxaway Creek crossing north of crossing 2 which was inadvertently not
indicated on the maps. Two of these bridges were recently newly
constructed at a cost of approximately $50,000, each. To further eliminate
impacts, a fifth bridge will be utilized at crossing 25. Two arch spans will
replace the need for impacts at crossings 22 and 31. After avoidance and
minimization, 40 crossings remain.
Twenty of the 40 proposed crossings, in all phases, are at existing crossings;
totaling approximately 559 linear feet of previously impacted stream. This
accounts for 42% of the total impacts on site, in all phases. Insufficient
length and/or diameter; and structural integrity make it necessary to
replace and/or lengthen these existing crossings. Impacts in the form of
pipe extensions and new construction of pipes require authorization for 608
linear feet of additional impacts for Phases 2-4. Four of the 22 crossings
proposed in Phases 2-4 have been located at pre-existing crossings; thereby
avoiding 80 linear feet of additional impact. Wetland impacts have been
avoided to the maximum extent practicable. All of the large wetland
complexes along Toxaway Creek, within Phase 1, have been avoided, and
there are no proposed wetland impacts in Phases 2-4.
Utilization of arch spans is not practical for most of the crossings within the
development. Stream size and time needed for construction played a role in
not pursuing this option. Cost was also a large factor; arch span crossings,
on average, are ten times more expensive than the comparable culverted
crossing.
Within the Round Mountain Falls property boundary, there are over 89,500
linear feet of stream channels. All proposed stream impacts, in all phases,
are necessary to access high ground and the 608 linear feet required for
high ground access in Phases 2-4 accounts for less than 1% of the total
amount of stream footage on the property. Over ninety-nine percent of all
streams, in all phases, will remain un -impacted and preserved in perpetuity
under the convenants and restrictions of the development.
Alternatives Analysis
McKeough Land Company was unable to find comparable parcels of land for
sale in the general location of Round Mountain Falls. The goals for this
project are to create an economically feasible, low density development that
takes advantage of the natural amenities in Western North Carolina. The
design team has strived to keep this development as low density as possible
while maintaining the economic feasibility of the project. Round Mountain
Falls is comprised of 816 acres that will contain 191 lots, ranging from 2 to
10 acres, and greater than 150 acres of common open space. This equates to
1 home per 4 2 acres. Utilizing a large site helped to make the low density
project more cost efficient and provide for large open spaces within the
property boundary.
As this was the only site of this size available in this general location, there
were no alternative sites evaluated for potential stream and wetland
impacts. Furthermore, any large parcel in the vicinity, considered for
purchase, would require application to the USACE and the NC DWQ for
jurisdictional impacts associated with road crossings. Although the current
property was the only tract of land considered for purchase, the parcel
known as Round Mountain Falls had the luxury of having a large network of
pre-existing logging roads and an abandoned state road bisecting the
property. It was considered that utilization of the state road and logging
roads would help decrease the amount of new road impacts necessary.
Providing close proximity to outdoor recreation as an amenity was an
essential element in the overall concept of this development. Transylvania
County was chosen because of it's over abundance of natural features and
convenience to urbanized areas such as Brevard, Hendersonville, and
Asheville. Transylvania County is home to the Blue Ridge Parkway, over 500
miles of trails, and over 250 waterfalls. Approximately half of its land mass
is devoted to Pisgah National Forest, Gorges State Park, and Dupont State
Forest. No other properties considered offered the acreage required to
economically sustain this type of development, while still offering the
abundance of natural areas required to draw residence into a development
without a central anthropogenic amenity.
McKeough Land Company considered alternative development concepts and
determined that the uniqueness of the current proposal provided the best
potential for success, in the targeted market of second home buyers.
Mitigation Proposal
Preservation and restoration will be utilized as mitigation at the site. Seven
areas, on-site, have been identified as candidates for restoration. An
updated restoration map and plan has been attached to this document.
Restoration at a ratio of 1:1 and preservation at a ratio of 350:1 will occur
for all perennial stream impacts, in all phases, mitigating for 524 linear feet
of impact. Restoration activities will include the removal of unneeded road
crossings; and sloping and re -vegetation of banks to a condition comparable
to conditions up- and downstream of the pipe.
Preservation at a ratio of 40:1 will occur for all intermittent stream impacts,
mitigating for 233 linear feet of impact. Total preservation on site will
include 86,275 linear feet of channel and associated buffer, totaling
approximately 90 acres. These areas will be contained within the
"Declaration of Easements, Covenants, Conditions, and Restrictions for the
Plat of Round Mountain Falls" to be protected in perpetuity. Lots in Phase 1
have already been sold; therefore, they have not been included within the
easement legal description. However; all streams in Phases 1 are required to
have a minimum 25 -foot trout buffer which has been indicated on all plans.
t
Simplied Impact Table
Round Mountain Channel Impact Summary Sheet For Phases 2-4
Road Crossing #
Existing Impact
Proposed Impact
New Impact
1 Perennial, Restoration
(linear feet)
(linear feet)
(linear feet
A perennial channel
0
20
20
B intermittent channel
0
20
20
I perennial channel
0
20
20
Phase 2
C perennial channel
0
20
20
H perennial channel
0
20
20
24 perennial channel
0
36
36
26 perennial channel
0
36
36
27 perennial channel
20
36
16
28 intermittent channel
0
36
36
32 perennial channel
0
36
36
33 perennial channel
0
30
30
34 perennial channel
0
30
30
Phase 3
35 perennial channel
0
30
30
36 perennial channel
0
36
36
37 perennial channel
0
36
36
38 intermittent channel
0
36
36
39 intermittent channel
0
36
36
401 perennial channel
0
36
36
411 intermittent channel
20
36
16
Phase 4
42 intermittent channel
20
36
16
43 perennial channel
20
36
16
46 perennial channel
0
30
30
TOTALS INTERMITTENT 40
TOTALS PERENNIAL 40
TOTAL ALL CHANNELS 80
Mitiaation for All Imoacts in All Phases
200 160
488 448
688 608
Stream Type and Mitigation Form
Length Mitigated for:
Mitigation Ratio
Total
1 Perennial, Restoration
305
1:1
305
2 Perennial, Preservation
219
350:1
76650
3 Intermittent, Preservation
233
40:1
9320
�5�
793
86275
Round Mountain Impact Map (Sheet Overlay)
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Legend
.............................
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Property Boundary 81101 Y,
Road Centerline & R.O.W.4�i I
N 104
l-------------------------------------------------
Lot Lines 97 105 102
----------------------------------------------------------- 114
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-----------------------------------------
Perennial Channel Buffers 116 -7
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Intermittent Channel Buffers
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-- / I Wetland and Natural Resource Consultants
\178
78
16 152 68 PO Box 882, Canton NC 28716
-; 14
828-648-8801
A, 179 '\1 170 157 154 1
- Project Name Round Mountain Falls 11
180 192" 159 155II
Date 10/12/2006
181 191 164 160 155
190 156
182 163
161
189\,
183 188\
162
184 187\
186
185
U.S. ARMY CIPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200532735 County: 'Transylvania USGS Quad: Eastatoe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Andy Baker
Address: McKeowh Land Companv, Inc.
208 Franklin Street
Grand Raven, Michigan 49417
Telephone No.: 616-847-2440
Size and location of property (water body, road name/number, town, etc.): The project site is located off Old
Toxaway Road near Rosman, in Transylvania County, North Carolina.
Description of projects area and activity: This permit authorizes approximately 150 linear feet of new stream
impacts and approximately 480 linear feet of temporary impacts to pre-existing road crossings on unnamed
tributaries to Toxaway Creek Ann Creek, and Devil's hole; and approximately 0.0068 acres of wetland
impacts Stream and wetland impacts are associated with the installation of two wetland crossings, one new
culvert, eight culvert extensions and nine culvert replacements for development of a residential subdivision.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide and Special conditions, the attached August 31, 2005 North Carolina Wildlife Resources
Commission conditions, and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Rebekah L. Newton at 828-271-7980.
Corps Regulatory Official Rebekah L. Newton Date: December 16, 2005
Expiration Date of Verification: March 18, 2007
North Carolina Wildlife Resources Comgm issiong
Richard B. Hamilton, Executive Director
August 31, 2005
Ms. Rebekah Newton
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: McKeough Land Co. - Mr. Andrew Baker
Nationwide Permit Application/s
Round Mountain -- UTs Toxaway Creek
Transylvania County
Dear Ms. Newton:
Wetland and Natural Resource Consultants Inc., on behalf of Mr. Andrew Baker of McKeough Land Co.,
requested a letter of concurrence from the North Carolina Wildlife Resources Commission (Commission)
for a 404 Permit from the U.S. Army Corps of Engineers. I reviewed the application and am familiar with
the project area. Our comments are provided in accordance with provisions of the Clean Water Act of
1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
The applicant proposes 149 feet of stream impacts and 0.0068 acre of wetland fills to develop Phase I of
the Round Mountain subdivision near Rosman. Additional phases of the development should trigger an
individual permit in the future. Mitigation will be completed onsite.
Trout should not occur in the UTs, but they do occur short distances downstream. Toxaway Creek has a
high sediment load, but last year we found several adult and juvenile rainbow trout near the subdivision's
entrance on the state road. Some were found in Devils Hole above the falls as well. The project has the
potential to harm trout resources in waters downstream as a result of sedimentation.
We recommend that the acreage and phase I limits be defined if this project is permitted in phases. The
application includes a map showing the general phase I portion of the 816 acre tract. However, it also
shows roads, some of which may be existing, extending off the depiction.
The Commission is concerned about aquatic resources in this drainage. Therefore, we can concur with a
permit if following conditions are attached and used to help conserve resources:
1. In stream construction and disturbance within the 25 -foot trout buffers must not occur from
January 1 to April 15 to protect rainbow trout spawning in downstream waters.
2. Adequate sediment and erosion control measures must be used before construction and
maintained until disturbed soils are permanently stabilized. Temporary or permanent herbaceous
vegetation should be planted on all bare soil within fifteen (15) days of ground disturbing
Mailing Address: Division of Inland Fisheries d 1721 Mail Service Center a Raleigh, NC 27699-1721
Telephone: (919) 733-3633 ext. 281 o Fax: (919) 715-7643
Baker Page 2 august 31, 2005
Transylvania County, UTs Toxaway Creek
activities for long-term erosion control. Erosion control matting should be used in conjunction
with appropriate seeding on disturbed soils in steep slope and riparian areas. Matting should be
secured in place with staples, stakes, or, wherever possible, live stakes of native trees. Straw
mulch and tall fescue should not be used in riparian areas.
3. Culverts that are less than 48 inches in diameter should be installed with 20% of the diameter of
the culvert placed below the level of the stream bottom to allow the accumulation of stream bed
materials and to facilitate aquatic life passage during periods of low stream flow. Larger diameter
culverts should be placed 1 foot below the stream bottom. Culverts should be placed in the main
flow channel (i.e. thalweg). Partial burial of culverts in this manner also may require increasing
their size to accommodate flow requirements.
4. If concrete is used during construction (e.g., headwalls), a dry work area must be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts live concrete should not be discharged to surface waters due to the potential for water
chemistry change and a fish kill.
5. Rock, sand, or other materials should not be excavated from the stream channels except in the
immediate vicinity of the crossings. Instream dredging has severe effects on aquatic life and
disturbance of the natural form of the channel can cause downstream erosion problems. The
natural dimension, pattern, and profile of the channels adjacent to the crossings should not be
modified by widening or changing their depths.
b. Sandbags, flexible pipe, or other diversion structures should be used where possible to avoid
excavation in flowing water. Materials used for flow diversions should be removed from the
stream bed after completing the construction work. Any diversion channels must be lined with
fabric and/or rock.
7. Storm water from roads should be directed to vegetated buffer areas (e.g. level spreaders) or
retention basins and not routed directly to streams. Drop inlets on streams must not be
constructed.
S. Any riprap placed for inlet or outlet stabilization should be clean and limited to the stream bank
below the high water mark and vegetation should be used above. Rip rap must not be placed in
stream channels in a manner that obstructs fish passage.
9. All crossings should be constructed as close to perpendicular to the stream channels as possible to
minimize stream and buffer disturbance. Road and utility alignments should be set -back as far as
possible from stream channels to minimize sedimentation and buffer disturbance.
10. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible. Native
woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red
maple) should be reestablished upstream and downstream of the stream crossings if it is removed
during construction to provide bank stability and shading. We encourage the use of native plants
that must be removed from permanently disturbed areas.
11. All mechanized equipment operated near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or
other toxic materials.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
13. The remaining lengths of streams and riparian areas on the tract should be protected in either their
existing or improved state (i.e. with native vegetation reestablished where absent) in perpetuity
from fill, vegetation removal, and other forms of disturbance with deed restrictions. A riparian
buffer width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers are
recommended to provide more water quality and habitat functions.
14. All impacts to jurisdictional areas must be considered cumulatively in this subdivision during any
subsequent permitting. Mitigation for Phase I impacts must be successfully completed before
impacts for additional project phases are permitted.
Baker Page 3 August 31, 2005
Transylvania County, UTs Toxaway Creek
Thank you for the opportunity to review and comment on this project. Pending availability of field
staff, the Commission may inspect the work site during or after construction. If there are any
questions regarding these comments, please contact me at (828) 452-2546 extension 2.
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Ms. Jennifer Robertson, Wetland and Natural Resource Consultants Inc.
Round Mounta6n Adjoining Pa rceds
Pin: 8540-41-2947-000
Owner:
ARNETTE CECIL C TRUSTEE
PO BOX 370211
MIAMI,FL 33137-0211
County ID: T221 00002A 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 199403
Sale Price: $0
Area: 20.00 AC
Township: Eastatoe
Deed Book: 00372 Pg: 0668
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $72,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $72,000
Legal Address: OFF OLD TOXAWAY ROAD
Pin: 8540-41-8411-000
Owner:
BAMFORD CHARLES S & NANCY L
408 HARRISON AVE APT 16
CAPE CANAVERAL,FL 32920-2348
County ID: T221 00002W 06
Fire District: Rosman FD
Use Code: 0120
Sale Date:
Sale Price: $0
Area: 5.32 AC
Township: Eastatoe
Sale Inst:
Sale Imp:
Zoning:
Lanes Value: $25,320
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $25,320
Legal Address: OFF SR 1142
Pin: 8540-52-2068-000
Owner:
ARNETTE CECIL C TRUSTEE
PO BOX 370211
MIAMI,FL 33137-0211
County ID:
Fire District: Rosman FD
Use Code: 0100
Sale Date: 199301
Sale ?Tice: $0
Area: 1.00 LT
Township: Eastatoe
Deed Book: 00359 Pg: 0197
Sale Inst: OD
Sale Imp: V
Zoning:
Land Value: $11,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $11,000
Legal Address: 33E OFF OLD TOXAWAY RD
Pin: 8540-52-2464-000
Owner:
ARNETTE CECIL C TRUSTEE
PO BOX 370211
MIAMI,FL 33137-0211
County ID:
Fire District: Rosman FD
Use Code: 0100
Sale Date: 199301
Sale Price: $0
Area: 1.00 LT
Township: Eastatoe
Deed Book: 00359 Pg: 0197
Sale Inst: OD
Sale Imp: V
Zoning:
Land Value: $17,000
Bldg Valve: $0
Year Built:
XFOB Value: $0
Assessed Value: $17,000
Legal Address: 30E OFF OLD TOXAWAY RD
Pin: 8540-52-3586-000
Owner:
ARNETTE CECIL C TRUSTEE
PO BOX 370211
MIAMI,FL 33137-0211
County ID:
Fire District: Rosman FD
Use Code: 0100
Sale Date: 199301
Sale Price: $0
Area: 1.00 LT
Township: Eastatoe
Deed Book: 00359 Pg: 0197
Sale Inst: OD
Sale Imp: V
Zoning:
Land Value: $16,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $16,000
Legal Address: 29E OFF OLD TOXAWAY RD
Pin: 8540-52-4771-000
Owner:
ALL SHORES CONSTRUCTBON Q
413 LINCOLN AVE
CAPE CANAVERAL,FL 32920
County ID:
Fire District: Rosman FD
Use Code: 0100
Sale Date: 200205
Sale price: $0
Area: 1.00 LT
Township: Eastatoe
Deed Book: 00103 Pg: 0430
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $16,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $16,000
Legal Address: 28E OFF OLD TOXAWAY RD
Pin: 8540-52-6935-000
Owner:
ARNETTE CECIL C TRUSTEE
PO BOX 370211
MIAMI,FL 33137-0211
County ID:
Fire District: Rosman FD
Use Code: 0100
Sale Date: 199301
Sale Price: $0
Area: 1.00 LT
Township: Eastatoe
Deed Book: 00359 Pg: 0197
Sale Inst: OD
Sale Imp: V
Zoning:
Land Value: $16,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $16,000
Legal Address: 27E OFF OLD TOXAWAY RD
Pin: 8540-55-2572-000
Owner:
CONGRESS ROUND MTN LLC ET AL
SUITE #31
BOCA RATON,FL 33487
County ID: T221 00002 06
Fife District: Rosman FD
Use Code: 0120
Sale Date: 200409
Sale price: $0
Area: 442.23 AC
Township: Eastatoe
Deed Book: 00252 pg: 0502
Sale Inst: 6A
Sale Imp: V
Zoning:
Land Value: $990,600
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $990,600
Legal Address: OFF SR 1142
Pin: 8540-68-0589-000
Owner
COHEN PAULA A
3616 NE 25TH AVE
FT LAUDERDALE,FL 33308
County ID: T212 00010 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200101
Sale price: $0
Area: 29.80 AC
Township: Eastatoe
Deed Book: 00035 pg: 0809
Sale Inst: QC
Sale Imp: l
Zoning:
Land Value: $106,090
Bldg Value: $39,350
Year Built: 1970
XFOB Value: $0
Assessed Value: $145,440
Legal Address: BEN CANTRELL ROAD
Pin: 8540-94-8143-000
®miner:
ALLISON LARA& PERRY JAMES®NIII
1823 FOUR PAWS PATH
JOHNS ISLAND,SC 2W5
County ID:
Fire District: Rosman F
Use Code:
Sale Date: 200209
Sale price: $97,000
Area. 1.00 LT
Township: Eastatoe
Deed Book: 00120 Pg: 0610
Sale Inst: WD
Sale Imp: V"
Zoning:
Land Value: $97,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $97,000
Legal Address: L7 ROCK CREEK RD
Pin: 8540-96-2181-000
Owner:
LAKE TOXAWAY CO
100 WATERFALL CIRCLE
LAKE TOXAWAY,NC 28747
County ID: T212 00013 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200409
Sale Price: $0
Area: 819.57 AC
Township: Eastatoe
Deed Book: 00252 Pg: 0499
Sale Inst: QC
Sale Imp: V
Zoning:
Land Value: $2,065,320
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $2,065,320
Legal Address: SR 1142
Pin: 8541-60-3979-000
Owner:
MCCALL GREGORY L & MICHELLE F
4353 OLD TOXAWAY ROAD
BREVARD,NC 28712
County ID: NONE
Fire District: Rosman FD
Use Code: 0120
Sale Date: 199604
Sale Price: $0
Area: 1.21 AC
Township: Eastatoe
Deed Book: 00400 Pg: 0337
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $14,470
Bldg Value: $189,060
Year Built:
XFOB Valve: $0
Assessed Value: $203,530
Legal Address: FROZEN CREEK RD SR 1143
Pin: 8541-61-5514-000
Owner:
MCCALL NORMA SAWYER
180 FLAT CREEK VALLEY RD
LAKE TOXAWAY,NC 28747
County ID: T212 00009A 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200209
Sale Price: $0
Area: 77.79 AC
Township: Eastatoe
Deed Book: 0002E Pg: 0231
Sale Inst: WI
Sale Imp: V
Zoning:
Laced Value: $233,370
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $233,370
Legal Address: FROZEN CREEK ROAD
Pin: 8541-81-1461-000
Owner:
STEWART ANTHONY CARLTON
83 OSCAR CHAPPELL RD
BREVARD,NC 28712
County lD: T212 00012 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200309
Sale Price: $80,000
Area: 11.19 AC
Township: Eastatoe
Deed Book: 00191 Pg: 0192
Sale Inst: WD
Sale letup: I
Zoning:
Land Value: $46,100
Bldg Value: $44,410
Year Built: 1982
XFOB Value: $0
Assessed Value: $90,510
Legal Address: OLD TOXAWAY ROAD
Pin: 8541-90-2553-000
Owner:
HUNTER DOUGLAS L ETAL
10361 CARROLLWOOD LN APT 4154
TAMPA,FL 33618
County ID: T212 00014 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200202
Sale Price: $0
Area: 21.96 AC
Township: Eastatoe
Deed Book: 00090 Pg: 0200
Sale Inst: QC
Sale Imp: V
Zoning:
Land Value: $79,060
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $79,060
Legal address: OLD TOXAWAY RD
Pin: 8550-04-5801-000
Owner:
MILLER CRAIG C & CINDY C
4 LIZ REECE RD
ROSMAN,NC 2BT72
County ID:
Fire District: Rosman FD
Use Code:
Sale Date: 200201
Sale Price: $95,000
Area: 1.00 LT
Township: Gloucester
Deed Book: 00084 Pg: 0561
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $95,000
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $95,000
Legal Address: L8 ROCK CREEK RD
Pin: 8550-14-0716-000
Owner:
CANTEY JOSEPH R ETAL
994 SCOTTLAND DR
MT PLEASANT,SC 29464
County ID:
Fire District: Rosman FD
Use Code:
Sale Date: 200403
Sale Price: $0
Area: 1.00 LT
Township: Eastatoe
Deed Book: 00223 Pg: 0245
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $90,000
Bldg Value: $250,760
Year Built: 2004
XFOB Value: $0
Assessed Value: $340,760
Legal Address: L9 DEVILS HOLE RD
Pin: 8550-15-5472-000
Owner:
SPRY FALLS LLC
P 0 BOX 1192
BOCA GRANDE, FL 33921
P
County ID: T221 00003 06
Fire .District: Rosman FD
Use Code: 0120
Sale Date: 200107
Sale lance: $540,000
Area: 118.86 AC
Township: Eastatoe
Deed gook: 00062 Pg: 0589
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $368,470
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $368,470
Legal Address: OSCAR CHAPPELL ROAD
Pin: 8550-37-2252-000
Owner:
CANUPP SANDRA S
390 CONEROSS RD
WALHALLA,SC 29691
County ID: T272 00004 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 200408
Sale Price: $0
Area: 70.02 AC
Township: Eastatoe
Deed Book: 00246 Pg: 0721
Sale Inst: WD
Sale Imp: V
Zoning:
Land Value: $157,550
Bldg Value: $0
Year Built:
XFOB Value: $0
Assessed Value: $157,550
Legal Address: NANCY MOUNTAIN ROAD
Pin: 8551-22-5163-000
Owner:
CHAMPION CATTLE & TREE FARMS
PO BOX 7587
ASHEVILLE,NC 28802-7587
County ID: T271 00001 06
Fire District: Rosman FD
Use Code: 0120
Sale Date: 199511
Sale Price: $0
Area: 315.11 AC
Township: Eastatoe
Deed Book: 00395 Pg: 0264
Sale Inst: QC
Sale Imp: V
Zoning:
Land Value: $794,080
Bldg Value: $0
Year Built:
XFOB Value; $0
Assessed Value: $78,150
Legal Address: WEST OF 178
I
i
USACE AID#
DWQ #_
Site # (indicate on attached map)
1,
STREAM QUAL= ASSESSMENT WORET
Provide the following information for the stream reach under assessment:
1. Applicant's name: McKeough Land Company, Inc. 2. Evaluator's name: Ethridee
3. Date of evaluation: 07/22/05 4. Time of evaluation: morning
5. Name of stream: Toxaway Creek 6. River basin: Savannah
7. Approximate drainage area: 1200 ac. S. Stream order. third
9. Length of reach evaluated: 50 feet 10. County: Transylvania
11. Site coordinates (if Imown):35.091197N / 82.353523 W 12. Subdivision name (if any): Round Mountain
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
14. Proposed channel work (if any): potential road crossing
15. Recent weather conditions: hot and dry
16. Site conditions at time of visit: hot and dr
17. Identify any special waterway classifications lmown: [Section 10 []Tidal Waters []Essential Fisheries Habitat
Trout Waters [Outstanding Resource Waters [ Nutrient Sensitive Waters [Water Supply Watershed _ (I-IV)
18. Is there a pond or lake located upstream of the evaluation point? YES[ NOO If yes, estimate the water surface area:
19. Does channel appear on USGS quad map? YES® NO[
20. Does channel appear on USDA Soil Survey? YES NO[
21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural
60% Forested 40% Cleared / Logged _% Other (
22. Banicfull width: 10-13' 23. Bank height (from bed to top of bank): 5-15'
24. Channel slope down center of stream: OFlat (0 to 2%) [Gentle (2 to 4%) []Moderate (4 to 10%) [Steep (> 10%)
25. Channel sinuosity: [Straight f,710ccasionai bends [Frequent meander [Very sinuous [Braided channel
Instructions for completion of worksheet (located an page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to
each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics
identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot
be evaluated due to site or weather conditions, enter 0 in ;he scoring box and provide an explanation in the comment section. Where
there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may
be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned
to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality.
Totai Score (from reverse): 31
P
ivainator's Signature r
0
Date—
-1- y-;� -�-
1 0
STR.Li:JA1v.11 `2 U M y ,T jY ASSESSMENT g V `Y OR1S9AlR.li11'JET
#
- i nese cnaracteristics are not assessed m coastal streams.
CHARACTERISTICS
ECOREGI®1N POM RANGE
SCORE
Piedmont
fountain
000
Presence of flow / persistent pools in stream
01.
no flow or saturation = 0; strong flow = maxpoints)
0-5
0-4
0-5
5
2
Evidence of past human alteration
extensive alteration = 0; no alteration = max points)
0-6
0-5
0-5
4
Riparian zone
'
no buffer = 0; contiguous, wide buffer = max points)
0- 6
0- 4
0- 5
4
4
Evidence of nutrient or chemical discharges
(extensive discharges = 0; no discharges = max points)
0- 5
0- 4
0- 4
4
5
Groundwater discharge
(no discharge = 0; springs, see s, wetlands, etc. = maxpoints)
0-3
0-4
0-4
0
i -r
6
Presence of adjacent floodplain
(no floodplain = 0; extensive floodplain = max p2ints)
0-4
0-4
0-2
0
Entrenchment / floodplain access
(deeplyentrenched = 0; frequent flooding= max points)
0- 5
0- 4
0- 2
0
8
Presence of adjacent wetlands
(no wetlands = 0; large adjacent wetlands = maxpoints)
0-6
0-4
0-2
0
9
Channel sinuosity
(extensive channelization = 0; natural meander = maxpoints)
0-5
0-4
0-1
3
10
Sediment input
extensive deposition= 0; little or no sediment = maxpoints)
0-5
0-4
0-4
4
11
Size & diversity of channel bed substrate
fine, homogenous = 0; large, diverse sizes = maxpoints)
NA*
0-4
0-5
5
12
Evidence of channel incision or widening
(deeplyincised = 0; stable bed & banks = maxpoints)
0-5
0-4
0-5
5
E13
Presence of major bank failures
0- 5
0-5
0-5
5
a„
(severe erosion = 0; no erosion, stable banks = maxpoints)
14
Root depth and density on banks
(no visible roots = 0; dense roots throughout = maxpoints)
0-3
0-4
0-5
5
15
Impact by agriculture, livestock, or timber production
substantial impact =0; no evidence = max points)
0 -
0-4
d - 5
5
16
Presence of riffle-pool/ripple-pool complexes
(no riffles/ripples les or pools = 0; well-developed = maxpoints)0-3
0 - 5
0-6
6
17
Habitat
Habitat complexity
or no habitat = 0; frequent, varied habitats = max points)
0-6
0 - 6
0-6
6
18
Canopy coverage over streambed
0-5
0 - 5
0-5
5
no shadingvegetation = 0; continuous canopy= max points)
19
Substrate embeddeduess
NA*
0-4
0-4
3
(deeply embedded = 0; loose structure = max)
20
Presence of stream invertebrates (see page 4)
no evidence = 0: common, numerous types = maxpoints)
0-4
0-5
0-5
5
21
Presence of amphibians
O(no
evidence = 0; common, numerous types = maxpoints)
0-4
0-4
0-4
2
®
22
Presence of fish
(no evidence = 0; common, numerous types = maxpoints)
0-4
0-4
0-4
3
23
Evidence of wildlife use
0-6
0-5
0-5
2
(no evidence = 0; abundant evidence = maxpoints)
Total Points Possible
100
100
100
TOTAL SCORE (also enter on first page)
81
- i nese cnaracteristics are not assessed m coastal streams.
A S ,
North Carolina Division of Water Quality - Stream identification Form; Version 3.1
®ate „
'.f,
Projeci: F., ,; =
Latitude:
Strong
1 a. Continuous bed and bank
0
1
2
3
Evaluator:
Site: '
Longitude: .
C,
Total Points:
3. In-chanef structure: riffle -pool sequence
-I
Other
2
Stream is at /east intermittent
4. Soil texture or stream substrate sorting
County:_ -,; ,4� ;' .:F
e.g. Quad Name.
2
if 219 or perennial if 230
v
(-0)
1
2
A. Geomorphology Subtotal
Absent
Weak
Moderate
Strong
1 a. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1 '
20
3
3. In-chanef structure: riffle -pool sequence
0
1
2
3
4. Soil texture or stream substrate sorting
0
1
2
3
5. Active/relic floodplain
(-0)
1
2
3
6. Depositional bars or benches
0
Ci-)
2
3
7. Braided channel
0)
1
2
3
8. Recent alluvial deposits
0
1°
.
3
9 a Natural levees
a,
1
2
3
10. Headcuts
0
r-1-1-1 .
2
3
11. Grade controls.
0
0.5
1
0.5
12. Natural valley or drainageway
0
0.5
1
1.5
13. Second or greater order channel on existingj
USGS or MRCS map or other documented
evidence.
No = 0
(Yes= 31
Man-made ditches are not rated; see discussions in manual
R I-Ivrtrninnv tSoihtntni = 1
14. Groundwater flowidischarge
0
1
2
L3
15. Water in channel and > 48 hrs since rain, or
Water in channel - dry or growing season
0
1
2
U3
16. Leaflitter
1.5
1
0.5
0
17. Sediment on plants or debris
0 `
0.5
1
1.5
18. Organic debris lines or piles (Wrack lines)
0
0--.1 1
1
1 1.5
19. Hydric soils (redoximorphic features) present?
No = 0
1
sje2
= 1,5
p�
C- Rinlnav fSlabtntal = 1
20b. Fibrous roots in channel
3
2
1
0
21b. Rooted plants in channel
3 �
2
1
0
22. Crayfish
0
0.5
1
1.5
23. Bivalves
' 0 `?
1
2
3
24. Fish
0
(-0.5')
1
1.5
25. Amphibians
0
0.5
1
1.5
26. Macmbenthos (note diversity and abundance)
0
0.5
1
1.5
27. Filamentous algae; periphyton
1
2
3
28. Iron oxidizing bacteria/fungus.
0 `
0.5
1
1.5
29 . Wetland plants in streambed
FAC = 0.5;
FACW = 0.75; OBL = 1.5
SAV = 2-0*, Other = 0
- Items 20 and 21 focus on the presence of upland plants, Item L9 focuses on the presence or aquatic or wenano pians.
Sketch:
;votes: (use back side of this form for additional notes.)
ACIDON 10D
EVALUATION FORM
APPLZCAIN'TNAAM
PROPOSED CHANNE)<. WORK (i.e., culvert, relocation, etc.) P -0
WATERBO1Dx/d VER BASIN i- — CAs� . COUNTY=—
RECENT
OUNTY RECENT WEATHER CONDMONS
P SP NP
Observation
Comments or Description
Fish/ShellSsh/Crustaceans Present
X
Benthic macro Invertebrates
�✓
d
Amphibians PresentBreeding
Algae And/Or Fungus (water qualityfunction)
Wildlife Channel Use (i.e. tracks, feces, shells, others)
Federally Protected Species Present (Discontinue)
Riffle/Pool Structure
Stable Streambanks
Channel Substrate
(i.e. gravel, cobble, rock, coarse sand)
Riparian Canopy Present (SP =/> 50% closure)
�<
Undercut Banks/Instream Habitat Structure
Flow In Channel
X(Discontinue)
Wetlands Adjacent To/Contig. With Channel
Persistent Pools/Saturated Bottom
(June through Sept.)
Seeps/Groundwater Discharge (June through Sept)
X
Adjacent Floodplain Present
Wrack Material or Drift Lines
Hydrophytic Vegetation iniadjacent to channel
—
Importaut'To Domestic Water Supply? Y N
Does Channel Appear On A Quad Or Sails Map? Y.^, iN
Determination:
Appras IDrainap Area: �
` Perennial Channel (stop) 8 Important Channel: 13 PRS M rteL Initiais _
Intermittent Channel (proceed) Unimportant Channel: LF
Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel}
Ditch Through Upland (no A ;
Evaluator's Signature:
(if other4han C.O.E. project manager);,/
P=Present SP=Stongly Present NP=Nl of Aresent I Uld/98
North Carolina Division of Water Quality - Stream @Wenti Mon Form; Version 3.1
®ate
Project:
_I�
R. ; Latitude:
Strong
1a. Continuous bed and bank
Evaluator:�ui
1
Site:
3 ,`
Longitude:
�W27`'�
1
"'°"`�' ' ®they
Stream is at least infermitfent ' County: i , ..' _
n. + + ,.q ' e.g. Quad Name. r
if z19 or perennial if 2 30 a y
A. Geomorphology (Subtotal =
Absent
Weak
Moderate
Strong
1a. Continuous bed and bank
0
1
2
3 ,`
2. Sinuosity
0
1
2 %)
3
3. In -channel structure: riffle -pool sequence
0
1
2
3 "
4. Soil texture or stream substrate sorting
0
1
2
3
5. Active/relic floodplain
0
1 '
2
3
6. Depositional bars or benches
0
1 -
2
3
7. Braided channel
0
1
2 \"a
3
8. Recent alluvial deposits
0
1
3
95 Natural levees
0 'I
1
3
10. Headcuts
0
1
2
3
11. Grade controls
0
0.5
1
1.5
12. Natural valley or drainageway
0
0.5
1
1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0Y�-3'
- Man-made ditches are not rated; see discussions in manual
B. Hvdroloov (Subtotal = 10. 1
14. Groundwater flow/discharge
0
1
2
(3 .%
15. Water in channel and > 48 hrs since rain, or
Water in channel - dry or growing season
0
1
2
3
16. Leaflitter
1.5
1 .)
0.5
0
17. Sediment on plants or debris
0
0.5
1 '
1.5
18. Organic debris lines or piles (Wrack lines)
0
0.5
1 ,).
1.5
19. Hydric soils (redoximorphic features) present?
No = 0
27. Filamentous algae; periphyton
Yes = 1.5"
C. Bioloov (Subtotal = 1
20b. Fibrous roots in channel
3
2
1 0
21b. Rooted plants in channel
3
2
1 0
22. Crayfish
0
0.5 `
1 1.5
23. Bivalves
(S)
1
2 3
24. f=ish
00.5
�
1 1.5
25. Amphibians
0
26. Macrobenthos (note diversity and abundance)
0
0.5
27. Filamentous algae; periphyton
0
1
2 3
28. Iron oxidizing bacteria/f ingus.
0 °
0.5
1 1.5
29 b. Wetland plants in streambed
FAC = 0.5; FACW = 0.75; OBL = 1.5
SAV = 2.0; Other = 0
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
0 M I
AMOK 11D
INITERAIMENT CHANNEL_
EVALUATION FORM
APPLIC4NTNAM 'i - ' DAIM
PROPOSED CHAINN)EL WORK (i.e., culvert, relocation, etc.)
wATERBoaDx/RHVER BASIN" .�' �r— • CoUN'1'°DC3'r`I = ' Llf Aorif !-A—
RECENT WEAR C®NiDMONS
N
P SP NP
Observation
Comments or Description
Fish/Shellfish/Cnisaweans Present
°6 TV7 ;
Benthic Macro Invertebrates
Amphibians Present/Breeding
'
Algae And/Or Fungus (water quality function)
Wildlife Channel Use (i.e. tracks, feces, shells, others)
Federally Protected Species Present (Discontinue)
Riffle/Pool Structure
Stable Streambanks
Channel Substrate
(i.e. gravel, cobble, rock, coarse sand)
Riparian Canopy Present (SP =/> 50% closure)
Undercut Banks/Instream Habitat Structure
Flow In Channel
Wetlands Adjacent To/Contig. With Channel
(Discontinue)
Persistent Pools/Saturated Bottom
(June through Sept.)
Seeps/Groundwater Discharge (June through Sept.)
Adjacent Floodplain Present
Wrack Material or Drift Lines
Hydrophytic Vegetation in/adjacent to channel
Iuiportant To Domestic Water Supply? Y
Does Channel Appear On A Quad Or Sags imp? ��� N
.._-
Determination:
Appm& Drainage Area: I + S "5
Perennial Channel (stop) n Important Channel: U ?RCMCT MGR. bdtlals _
Intermittent Channel (proceed) lr_j! Unimportant Channel: LF
Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel)
Ditch Through Upland (no jd) t
Evaluator's Signature:
(if ather than C.O.E. rtioject manager)
r M
r'.
P=Fresent SP=Stongly Present IN-2=iiot Ptesent 1 ? /A/98
It r
Delineation Performed by: Wetland and NatuM Resource Consultants, Inc.
P.O. Sox 882, Canton, NC 28716
Phone: (828) 648-8801 Fax: (828) 643-3802
Waland Data Form ® Routine Wedand Catermination
(1987 COE Wetlands Determination Manuai)
Project / Site: Round Mountain Date: 7/19/2005
Applicant / Owner: McKeough Land Co. County: Transylvania
Investigator: Yeiverton State: North Carolina
Do normal circumstances exist on the site? Yes ® NO ❑ Community ID:
Is the site significantly disturbed (Atypical situation)? Yes ❑ No ❑ Transect ID:
Is the area a potential problem area? Yes ❑ No ® Plot I®:wetland seep
(explain on reverse if needed)
VEGETATION
Dominant Plant Species indicator Stratum
Dominant Plant Species indicator Stratum
1. Juncus spp. FACW herb
9.
2. Carex spp. FACW herb
10.
3. Urtica dioica FAC+ herb
11.
4. Athyrium filix-femina FAC herb
12.
5.
13.
6.
14.
7.
15.
8.
16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding PAC-). 100°1°
Remarks: Herbacious dominated seep.
Depth to Free Water in Pit: 9'(1n.)
HYDROLOGY
❑ Recorded Data (Describe In Remarks):
Wetland Hydrology Indicators
❑ Stream, Lake, or Tide Gauge
❑ Aerial Photographs
Primary Indicators:
❑ Other
® Inundated
® Saturated in Upper 12"
❑ No Recorded Data Available
® Water Marks
❑ Drift Lines
Field Observations:
❑ Sediment Deposits
❑ Drainage patterns in Wetlands
Depth of Surface .Nater: V (in.)
Secondary Indicators:
❑ Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: 9'(1n.)
❑ Water -Stained Leaves
❑ Local Soil Surrey Data
Depth to Saturated Soil: 0' (in.)
® FAC -Neutral Test
❑ Other (Explain in Remarks)
Remarks: Rocky seep.
I k
SOILS
Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes ❑ No ❑
Profile Description:
Depth Matrix Colors
Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist)
(Munsell Moist) Abundance/Contrast Structure. etc.
0=4 A 10YR 6/1
/ sand, cobble/boulders
Hydric Soil Indicators:
❑ Histosol
❑ Concretions
p Histic Epipedon
❑ High Organic Content in Surface Layer in Sandy Soils
❑ Sulfidic Odor
❑ Organic Streaking in Sandy Soils
® Aquic Moisture Regime
❑ Listed On Local Hydric Soils List
Reducing Conditions
❑ Listed on National Hydric Soils List
El Oleyed or Low-Chroma Colors
❑ Other (Explain in Remarks)
Remarks:
Hydrophytic Vegetation Present? Yes ® No ❑ Is the Sampling Point
Wetland Hydrology Present? Yes ® No ❑ Within a Wetland? Yes ® No ❑
Hydric Soils Present? Yes ® No ❑
f
(#27) UT to Devils Hole Creek, Existing Crossing on Perennial Channel
Assessed by Kevin Barnett on September 15, 2006
(#32) UT to Devils Hole Creek, Perennial Channel Assessed by Kevin
Barnett on September 15, 2006
(#42) UT to Rock Creek, Intermittent Channel Verified by Kevin
Barnett on September 15, 2006
(#46) UT to Rock Creek, Perennial Channe
Barnett on September 15, 2006
I Assessed by Kevin
• % r
Attachment A
Qualitative Analysis of Cumulative Impacts
For
Round Mountain Falls
McKeough Land Company, Inc.
Transylvania County, North Carolina
July 3, 2006
Prepared by:
Wetland and Natural Resource Consultants
Introduction
Current regulations applicable to the issuance of 401 Water Quality Certifications require
that the Division of Water Quality confirm that the project it is evaluating "does not result
in cumulative impacts, based upon past or reasonably anticipated future impacts, which
cause or will cause a violation of downstream water quality standards".
DWQ currently utilizes the following documentation to implement its regulatory obligation
to evaluate cumulative impacts: "Draft Internal Policy, Cumulative Impacts and the 401
Water Quality Certification and Isolated Wetland Program. NC Division of Water Quality,
October 3, 2002, Version 1.6". DWQ's policy provides for three levels of cumulative impact
analysis. Most small scale projects where little impervious surface is added and where the
project is situated in an already developed locale will only require a "Generic Description" of
the project's possible cumulative impacts. A "Qualitative Analysis" is required for projects
of somewhat more impact that are located near existing roads and development. A
"Quantitative Analysis" is required where a project is significantly and is likely to have a
growth stimulating effect.
DWQ's policy provides that it is applicable to private development projects, although it
recognizes that "many private development projects are unlikely to cause cumulative
impacts". DWQ recognizes that private development projects most commonly have
cumulative impacts when they are 1) relatively large, 2) involve commercial development,
and 3) occur in otherwise relatively undeveloped landscapes with an impact on regional
growth patterns".
For the Round Mountain Falls, DWQ staff has determined that a qualitative analysis of the
potential cumulative impacts of the project in terms of its effects on downstream water
quality would be appropriate.
To determine potential cumulative impacts, this project was reviewed for any growth
stimulating effects and their downstream impacts on water quality. As described in greater
detail below, the applicant does not believe that the project will result in cumulative impacts
that cause or will cause a violation of downstream water quality standards because it is not
likely to be growth simulative due to its size, its nature, and the fact that it will be
constructed in an otherwise relatively developed local landscape.
Project Description, Location, and Existing Site Conditions
McKeough Land Company, Inc. is proposing the construction of 40 infrastructure road
crossings and 5 driveway crossings on the 816 -acre tract known as Round Mountain Falls.
The site plan consists of a residential development with 191 single-family lots ranging in size
from 2 to 10 acres and greater than 150 acres of common open space. Round Mountain Falls
is located at the end of Oscar Chapel Road, south of Rosman in Transylvania County, North
Carolina. In general, the site is bordered to the north by the Nantahala National Forest, to
the east by Blue Ridge, to the south by Chestnut Ridge, and to the west by Bear Pen Hollow.
•
The site is primarily forested with mixed mesic hardwood stands of differing age classes.
Some areas have recently been timbered. Several old homesites exist on the property,
although there are no remaining structures. One grassed pasture is also present on site.
Elevations on the property range from approximately 2100 feet at the lowest point in the
Devil's Hole Creek valley to approximately 2800 feet at the highest points on Round
Mountain and the southern ridge.
Project Area Description
The project is located near Rosman, a small town in the metro -Brevard area. Brevard is the
largest municipality in Transylvania County. Due to their proximity to waterfalls and
designated forest areas, Brevard and Rosman are seasonal destinations for outdoor
enthusiasts and prospective "second home" buyers. Brevard has approximately 6700
permanent residents. This population along with the growing seasonal population has
instigated commercial and residential development in the area. The main commercial
development in Brevard and Rosman is along the NC Highway 64 corridor. The Town of
Brevard is a self-sufficient municipality containing all necessary amenities to live, work, and
play.
Watershed Description
This project is located in the Savannah River Basin. Devil's Hole Creek and its tributaries
are the primary hydrologic systems on site. The site also contains smaller portions of the
Toxaway Creek, Ann Creek, Rock Creek, and Bearpen Creek watersheds. Ann Creek is a 4th
order perennial channel; there are 10,678 linear feet of stream channel in this drainage on
site. Bearpen Creek is a 3rd order perennial channel; there are 4,088 linear feet of stream
channel in this drainage on site. Devils Hole Creek is a 4th order perennial channel; there
are 41,608 linear feet of stream channel in this drainage on site. Rock Creek is a 3rd order
perennial channel; there are 15,724 linear feet of stream channel in this drainage on site.
Toxaway Creek is a 5th order perennial channel; there are 17,468 linear feet of stream
channel in this drainage on site. All streams and unnamed tributaries on the site are
classified at "C; Tr" waters, with the exception of Bearpen Creek and its tributaries which
are classified as "C" waters. Class "C" waters are defined as "freshwaters protected for
secondary recreation, fishing, aquatic life including propagation and survival, and wildlife."
The "Tr" designation identifies waters as being "suitable for natural trout propagation and
maintenance of stocked trout."
All wetlands are associated with on-site channels. The larger wetland complexes occur in
the flood plain of Toxaway Creek. Hydrology is groundwater and surface water from
intermittent channels slowed down by the low slope gradient along Toxaway Creek. There is
no dominant over -story within the wetland. The dominant mid -story, scrub -shrub stratum
consists of tag alder (A/nus serru/ata), and dog hobble (Leucothoe racemosa) with an
herbaceous layer of sedges (Carexspp.) and ferns (Osmunda cinnamomea, etc.). These
wetlands drain to Toxaway Creek (Class C; Tr) in the Savannah River Basin. Other on-site
wetlands are seeps located at the tops of channels; they are groundwater seeps that may or
0 r
may not support vegetation, primarily sphagnum moss (Sphagnum spp.) and sedges (Carex
spp.). These seeps flow into unnamed tributaries on site.
Project Induced Growth
The project is not likely to induce adjacent development primarily because there are no
services, utilities, or roads being constructed by McKeough Land Company, Inc. that will be
available to adjacent landowners or the general public. Any induced commercial growth will
be accommodated by Rosman and Brevard but there is no commercial development directly
associated with site development.
The members of this new community are likely to shop and dine at the local restaurants and
retail stores in the Brevard -Rosman area. However, because these residents are likely to
be seasonal, it is not likely to create a demand for additional retail or commercial ventures.
The majority of the members at Round Mountain Falls will be baby -boomers who do not have
school aged children. Therefore, no schools or other related supporting development will
occur due to Round Mountain Falls.
Summary
McKeough Land Company, Inc. proposes to develop this project in accordance with likely
conditions in the 401 Water Quality Certification and the 404 Permit authorizations. The
purpose of implementing these guidelines is to protect the downstream water quality in the
area of the project. Other development that occurs in the same watershed will likely be
restricted to similar conditions providing protection to surface waters. Because of the
projects close proximity to Brevard, Rosman, and the NC Highway 64 corridor, the applicant
does not believe that any potential effects on growth will occur due to the development of
Round Mountain Falls.
*A ,;pr -X10-06 10:30A
MELROSE DEsIGN CROUP
1,ANUSCAPH ARCHITRCTURE • LAND PLANNING • ENWRONMENTAL DESIGN
MEMO RAND UM
TO: Angie Pennock - U.S. Army Corps of Engineers
FROM: Matthew J. Fusco
DATE: March 2, 2006
SUBJECT: Round Mountain Falls Individual hermit Application
Ms. Pennock,
Thank you for taking the time to talk with us February 28& regarding the Round Mountain Falls
project. As we discussed, the developer has made numerous changes to the proposed Master Plan
in order to reduce and minimize proposed impacts on the property.
Early plans for development considered the implementation of a golf course component, multiple
high density areas and even the possibility of a lake. During our field documentation, we found
that due to the number of streams and small tributaries on the property, many of our early
considerations may not have been possible. At that point we began to consider the possibility of a
development that minimized density in any given area to reduce pressure on the streams and
tributaries.
Initial plans showed the construction of over 35,000 linear feet of new roads. However, we did
find an extensive system of logging roads and skid trails that could be utilized in the
development. By shifting proposed roads to follow existing features, we were able to reduce the
proposed mad lengths by nearly half. Also, the majority of existing roads were in need of
maintenance and had been contributing to stream sedimentation. By utilizing these roads, we will
be able to repair the problems and improve the existing stream disturbances which will ultimately
reduce stream sedimentation. Overall, the current master plan shows a minimum lot size of
around l .5 acres, with restrictions in the covenants for one primary and one accessory structure
per lot_ By addressing the allowable disturbance per lot, as well as limiting the amount of
vegetation that can be disturbed on each lot, the developer will ultimately increase any protective
stream buffers beyond the requirements of the state and federal governments. In addition; the
current plan will reduce concentrated areas of impervious surface by spreading it throughout the
property. This will reduce pressure on the streams from concentrated discharge, as well as
provide a greater area for infiltration prior to entering the stream Based on current plans, the
impervious surface area for the whole development will come in at 6 % or less, including
driveways, homesites, roads and amenity structures.
56 WHITE UAK 'AI)AD AKDZb:, NORTH CAA041NA 28104 TH)_HPHONE 828.684.5155 RAOSIM11.1;. RIR 6R4 5156
* AjQr yl 0 - 06 10-:30A
By taking the steps mentioned above, we feel that the developer has avoided and minimized
disturbance as much as possible considering the circumstances and by repairing existing sources
of sediment, could reduce current sediment contribution and streambank erosion. If you have any
questions regarding this matt feel free to contact me at our office.
J.
COPY TO SIGNED
Andy Baker, Jennifer Robertson
56 WHITE OAK ROAD ARDEN. NORTH CAROLINA 28704 TELEPHONE 828.684.5155 FACSIMILE. 929 694 5156