20070776 Ver 4_Application_20080912

Ms. Cyndi Karoly
Division of Water Quality, 401 /Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Waynesville Town Center Nationwide Permit 39 Modification Request
Ms. Karoly:
Waynesville Commons Retail Associates, LLC, is requesting a modification to an
existing Nationwide Permit 39 (USCOE Action ID 2007-1853-344 issued 2 July 2007
and DWQ Project Number 07-0776, issued 22 October 2007). The modification requests
Section 404 permit and Section 401 Water Quality certification to permanently impact 25
linear feet of Richland Creek, located in the city of Waynesville, Haywood County, North
Carolina.
Richland Creek, from its source to Boyd Avenue in Waynesville, has been assigned
Stream Index Number 5-16-(1) and has a Best Usage Classification of B;Tr.
Richland Creek is a designated Trout Water and is subject to Trout Buffers.
The proposed project would include removal of approximately 10 feet of a floodplain
shelf which is currently being eroded, construction of two floodplain shelves adjacent to
both banks of Richland Creek (each approximately 25 linear feet in length), and
excavation of approximately 8 inches of cobble material currently in Richland Creek.
The constructed floodplain shelves would each be vegetated to promote stability. The
removal of cobble material from within Richland Creek will be done to remove a mid-
channel bar which is currently forming. Additional work to be conducted will include
back-filling two barrels of the constructed reinforced concrete box culvert to match
grades with the constructed floodplain shelves.
Adjacent land use for the reach of Richland Creek proposed for impact is commercial. A
thin line of vegetation exists on both banks. The right bank includes an existing entrance
to the commercial facility, the left bank includes an entrance to a paved area used for
equipment storage and parking.
If you have any questions or comments, or need any additional information, please feel
free to contact me.
Sincerely,
Gary O'Nesti U IM ?[9 0ME
SEP 1 2 2008
WETIANDS AND STORq ER BRANCH
Michael S. Agee
Steven A. Campbell
Randy W. Beckner
Bradley C. Craig
Wm. Thomas Austin
David P. Wilson
James B. Voso
ZLMSINCE
Mattern & Craig
CONSULTING ENGINEERS -SURVEYORS
September 3, 2008
J ? C%??/``\;mow h
?^T ti Pj ? l ? 1
Edwin K. Mattern, Jr. (1942)
Sam H. McGhee, III (Retrrw
Gene R, Cress (Retired)
Stewart W. Hubbell (Retired)
J, Wayne Craig (Retired)
Ms. Cyndi Karoly
Division of Water Quality, 401 /Wetlands Unit P f v'?
1650 Mail Service Center
Raleigh, NC 27699-1650 _
Re: Waynesville Town Center Nationwide
Permit 39 Modification Request
Comm. No. 2551B
Ms. Karoly:
Waynesville Commons Retail Associates, LLC, is requesting a modification to an
existing Nationwide Permit 39 (USCOE Action ID 2007-1853-344 issued 2 July 2007 and
DWQ Project Number 07-0776, issued 22 October 2007). The modification requests Section
404 permit and Section 401 Water Quality certification to permanently impact 25 linear feet
of Richland Creek, located in the city of Waynesville, Haywood County, North Carolina.
Richland Creek, from its source to Boyd Avenue in Waynesville, has been assigned
Stream Index Number 5-16-(1) and has a Best Usage Classification of B;Tr.
Richland Creek is a designated Trout Water and is subject to Trout Buffers.
The proposed project would include removal of approximately 10 feet of a floodplain
shelf which is currently being eroded, construction of two floodplain shelves adjacent to both
banks of Richland Creek (each approximately 25 linear feet in length), and excavation of
approximately 8 inches of cobble material currently in Richland Creek. The constructed
floodplain shelves would each be vegetated to promote stability. The removal of cobble
material from within Richland Creek will be done to remove a mid-channel bar which is
currently forming. Additional work to be conducted will include back-filling two barrels of
the constructed reinforced concrete box culvert to match grades with the constructed
toodplain shelves.
12 Broad Street Asheville, NC 28801
0 [phone] Fax [phone]
V , _ .
Ms. Cyndi Karoly
September 3, 2008
Page 2 of 2
Adjacent land use for the reach of Richland Creek proposed for impact is commercial.
A thin line of vegetation exists on both banks. The right bank includes an existing entrance
to the commercial facility, the left bank includes an entrance to a paved area used for
equipment storage and parking.
If you have any questions or comments, or need any additional information, please
feel free to contact me.
Sincerely,
MATTERN & CRAIG
qo? 402 V
I
James B. Voso, P.E.
Principal-In-Charge

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. ` or" f,° V 4
(If any particular item is not applicable to this protect, please enter "Not appiicaoie or iv/a ,)
1. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit (Revision) ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
(Revision)
Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
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
1. Owner/Applicant Information
Name: Waynesville Commons Retail Associates, LLC
Mailing Address: 1765 Merriman Road
Akron OH 44313
Telephone Number: Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: David Scarnati
Company Affiliation: Corporation Service Company
Mailing Address: 1765 Meriman Road
Akron OH 44313
Telephone Number: Fax Number:
E-mail Address:
Updated 11/1/2005
Page 1 of 9
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Waynesville Town Center
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 8604685934
4. Location
County: Haywood Nearest Town: Waynesville
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-40
West to exit 27. Take Exit 27 (US 74W) to exit 98. Turn left onto Hyatt Creek Road.
Travel approximately 500 feet. The project site extends from the existing culverted road
crossing to approximately 60 feet downstream.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4645 ON 83.0112 °W
6. Property size (acres): 35.3
7. Name of nearest receiving body of water: Richland Creek
8. River Basin: French Broad
(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/n)apsl.)
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 existing stream channel (Richland Creek) is located on
a single commercial property, with apparent commercial uses on both sides. One side
contains commercial buildings, the other side contains a paved area used for equipment
Updated 11/1/2005
Page 2 of 9
storage and parked commercial vehicles. The land use in the vicinity is a combination of
residential and commercial use.
10. Describe the overall project in detail, including the type of equipment to be used: Work
completed under the previous pen-nit did not completely address restoring the channel to pre-
impact condition The purpose of this modification request as shown on the attached
drawiniz dated 8/29/08 is to allow for removal of approximately 10 feet of bank material
which is currently eroding, placement of stone and material into the existing channel to
create a floodplain shelf on both banks of Richland Creek, removal of approximately 8
inches of cobble material from Richland Creek and to backfill two barrels of the recently
constructed reinforced concrete box culvert. These actions are necessary to redirect the
existing flow back to the original channel and promote downstream stability. Equipment to
be used will include an excavator.
11. Explain the purpose of the proposed work: The purpose of this project is to restore the
channel banks and channel to an approximate pre-impact, stable condition.
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. NWP 39 (Action ID 2007-1853-344) was previously issued for this
project allowing for 42 linear feet of permanent stream channel impact and approximately 10
linear feet of temporary stream channel impact. The permanent impact was associated with a
culvert extension the temporary impact was associated with a sewerline extension.
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 permits are anticipated for this project.
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)
Updated 11/1/2005
Page 3 of 9
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.
Provide a written description of the proposed impacts: As shown on the attached
drawing dated 8/29/08 the impacts associated with this permit modification include re-
alignment of approximately 25 linear feet of stream channel. The channel and associated
floodplain shelf will be returned to approximate pre-impact conditions Work to be done
includes creation of floodplain shelves on both sides of the channel, removal of
approximately 10 feet of an existing floodplain shelf on the left bank and excavation of up to
8 inches of cobble material within the existing channel to aid in the re-alignment. Additional
work to be done includes completion of placement of fill material within barrels I and 3 (left
and right) to a depth that will match the elevation of the floodplain shelves. The constructed
floodplain shelves will be vegetated, to promote stability.
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
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
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
Number
(indicate on ma)
Stream Name
Type of Impact
Intermittent? t?
ntermittent. Average
Stream Width
Before Impact Impact
Length
linear feet Area of
Impact
(acres)
1 Richland Creek Culvert/Permanent P 18 25 0.017

Total Stream Impact (by length and acreage) 25 0.01
Updated 11/1/2005
Page 4 of 9
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 P.YCavatinn_ dred¢int?_ floodinl?. drainaee. bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Im ot
pa
(acres)

Total Open Water Impact (acres)
List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.01
Wetland Impact (acres : 0.0
Open Water Impact acres : 0.0
Total Impact to Waters of the U.S. (acres) 0.0
Total Stream Impact (linear feet): 25
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
Updated 11/1/2005
Page 5 of 9
techniques to be followed during construction to reduce impacts. The current channel
configuration may lead to future instabilities By removing an existing portion of the floodplain
shelf, combined with limited excavation within the existing channel and construction of the
floodplain shelves on both sides of the channel the channel should remain stable, with channel
flows directed away from the channel banks
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.
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 (see DWQ website for most current
version.).
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.
Due to the minimal nature of the impacts mitigation is not proposed.
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
Updated 11/112005
Page 6 of 9
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
1X. 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 ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 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 Impact Required
Zone - F -% Multiplier AX:,:..
3 (2 for Catawba)
1.5
Total
Updatcd H/1/2005
Page 7 of 9
* Zone I 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
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.
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 for this project will be discharged using the existing Waynesville sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 214.0500) 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 [:1 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/ncwet]ands. If no, please provide a short narrative description:
as identified
Updated 11/1/2005
Page 8 of 9
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).
Richland Creek has a Best Usaize Classification of BJr and is subject to the Trout Moratorium.

a
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9
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October 22, 2007
Coleen N. Sullins, Director
Division of Water Quality
DWQ Project # 07-0776
Haywood County
Waynesville Commons Retail Associates, LLC
1765 Meriman Road
Akron, OH 44313
Subject Property: Waynesville Town Center
Richland Creek [040305, 5-16-(1), B, TR]
Approval of 401 Water Quality Certification) with Additional Conditions
Dear Sir or Madam:
e
10. 31.
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 52 linear feet of perennial stream, as described in your application dated April
25, 2007, and received by the Division of Water Quality (DWQ) on May 4, 2007, with additional
information from you on October 2, 2007, to construct the proposed commercial development. After
reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3631 (GC3631). The Certification(s) allows you to use Nationwide Permit(s)
NW39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application, If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved'ag long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved Units Plan Location or Reference
Stream - perennial 52(linear feet) PCN page 4 of 9
401 Oversight/Express Review Permitting Unit
1650 Mail Scrviec Ccntcr, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone. [phone] / FAX [phone] / Internet: http://h2o,enr,stntc.nc.us/ncwetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
NonehGub ina
,/VllIUA111Y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/I0% Post Consumer Paper
Waynesville Commons Retail Associates, LLC
Page 3 of 5
October 22, 2007
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit (applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http //h2v enr.state.nc.tts/su/Forms Documents.htm.
8. Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities manual
(http://www.ncdot.orgtdoh/operations/BMP manual/downloadBMP Manual.pdf)
such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent
excavation in flowing water.
Culverts required for this project shall be installed in such a mannei that the original stream profiles
are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall
be designed and installed to allow for aquatic life movement as well as to prevent head cutting of
the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall
be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-
installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each
culvert. Therefore, you must provide plans with adequate details that indicate that the current
stability of the stream will be maintained or enhanced. You must receive written approval from this
Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according
to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below
the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life. Design and placement of culverts and other structures
including temporary erosion control measures shall not be conducted in a manner that may result in
dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
Waynesville Commons Retail Associates, LLC
Page 5 of 5
October 22, 2007
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 1508.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Si rely
Coleen H. Sullins, Director
CHS/ijm
Enclosures: GC3631.
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Gary O'Nesti, Cedarwood Development, Inc., 1765 Meriman Road, Akron, OH 44313
Rename: 070776 Waynesvil IeTownCenter(Haywood)401
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2007-1853-344 County: Haywood USGS Quad: Hazelwood
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Waynesville Commons Retail Associates. LLC
Address: 1765 Merriman Road
Akron, OH 44313
Telephone No.: (330 836-9971
Size and location of property (water body, road name/number, town, etc.): The project area is located
on a 35.3-acre lot on Hvatt Creek Road in Wavnesville. Haywood Countv, North Carolina.
Coordinates for the site are 35.4645 north and 83.0112 west.
Description of projects area and activity: The permittee is authorized to permanently impact 42 linear
feet of Richland Creek in order to extend an existing culvert and temporarily impact 10 linear feet
of Richland Creek in order to install a sewer line.
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 conditions, the attached letter from the North Carolina Wildlife Resources Commission, 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 will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. 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 requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
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 [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), 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 Lori Beckw?ith at 828-271-7980.
Corps Regulatory Official Lori Beckwith `? Date: Julv 2, 2007
Expiration Date of Verification: July 2, 2009
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UTM 17 317500E 3926219N (NAD27)
Hyatt Creek, USGS Hazelwood (NC) Quadrangle
Projection is UTM Zone 17 NAD83 Datum
M=-8.508
G=-1.167
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