20081499 Ver 2_Individual_20081112

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CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
November 11, 2008
Mr. David Baker
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
C'AI'
NO V 1 ??.
2 2008
- WATER QUALITY
KTLANDS AN STORE TER BRANCH
RE: Red Wolf Run, LLC
Red Wolf Run Residential Development
Madison County, North Carolina
Mr. Baker and Ms. Karoly,
The attached after-the-fact Nationwide Permit application is being submitted on behalf of Mr.
Richard Rabenau of Red Wolf Run, LLC (the applicant) and replaces the Individual Permit
submitted in September of 2008. The applicant respectfully requests that the Individual Permit
application be withdrawn. The applicant currently owns approximately 275 acres northeast of
Mars Hill in Madison County, North Carolina and is seeking after-the-fact permit authorization
for impacts associated with development of a single-family residential community.
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828-698-9800. A copy of this package has
been sent to Mr. David McHenry of the NC Wildlife Resources Commission for review. A copy
of this application has also been submitted to the NC Division of Water Quality, Asheville
Regional Office.
Respectfully,
-00eurual
Rebekah L. Newton
Project Biologist
k d?
R. Clement Riddle, P.W.S
Principal
Copy Furnished:
NC Division of Water Quality; Asheville Regional Office
NC Wildlife Resources Commission - David McHenry
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Red Wolf Run
2. Name of Property Owner/Applicant: Red Wolf Run, LLC
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): n/a
5. Site Address: NC 1529 (Joe Brown Road)
6. Subdivision Name: Red Wolf Run
7. City: Mars Hill
8. County: Madison
9. Lat: 35.867895N Long: 82.435156W (Decimal Degrees Please)
10. Quadrangle Name: Barnardsville
11. Waterway: Uts to Ray Branch
12. Watershed: Upper French Broad 06010105
13. Requested Action:
X Nationwide Permit # 29 _
General Permit #
Jurisdictional Determination Request
Pre-Application Request
Individual Permit
The following information will be completed by the Corps office:
AID:
Prepare File Folder
Authorization:
Assign number in ORM
Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Begin Date
Site/Waters Name:
Keywords:
CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
Department of the Army
Wilmington District, CoTps of Engineers
Attn: Ken Jolly, Chi of Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and--
NC Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DW .
Property Owner of Record: 0 ?Ru /J ?L-
Property Owner Address:
Phone number: (0 72 Property Location: MAP
1 /AP
Owner/Managing partner Signature:
Date:
718 Oakland Street
Hendersonville, North Carolina 28791
Phone! 828-698-9800 Fax: [phone]W5
www.cwenv.com
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. D g" 14 ? q V2
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing ft, P A I
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: ATF NW 2
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information kPor 9
1. Owner/Applicant Information
NOV r 2 2008
Name: Mr. Richard Rabenau
Mailing Address: Red Wolf Run LLC DEW WAI0,k9V'''i
58 Wall Street U ? cH
Asheville North Carolina 28801
Telephone Number: 828-251-6393 Fax Number:
E-mail Address: dick(a)reddwolfrun.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Mr. R. Clement Riddle
Company Affiliation: C1earWater Environmental Consultants Inc.
Mailing Address: 718 Oakland Street
Hendersonville North Carolina 28791
Telephone Number: 828-698-9800 Fax Number: 828-698-9003
E-mail Address:_ clementpcwenv.com
Updated 1111/2005
Page 1 of I I
111. 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: Red Wolf Run
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 3047, 3635, 2806, 0129, 7928, 0046, 2331,
9108, 2539, 6433, 2806, 9500, 7770, 5407, 9500, 0831, 2380, 8206 6401 2466 5615 2753
3896, 9807, 7000, 8148, and 5407.
4. Location
County: Madison Nearest Town: Mars Hill
Subdivision name (include phase/lot number): Red Wolf Run
Directions to site (include road numbers/names, landmarks, etc.): To access the site from
Asheville, take future I-26 North (US Highway 19/23 North) to Exit 9 (US Highway 19).
Turn right onto NC Highway 19 North and continue approximately 2.4 miles to Crooked
Creek Road on the right. Turn right onto Crooked Creek Road and continue approximately
2.25 miles to NC 1527 on the right. Turn right onto NC 1527 and travel approximately 0.5
mile to the dead end at Paint Fork Road. Turn left onto Paint Fork Road and travel
approximately 0.25 mile to NC 1529 (Joe Brown Road) on the right. Turn right onto NC
1529 (Joe Brown Road) and follow the road to the entrance of Red Wolf Run
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.860160 ON 82.432468 °W
6. Property size (acres): +/- 275 acres
7. Name of nearest receiving body of water: UT Ray Branch
8. River Basin: French Broad
Updated 11/1/2005
Page 2 of 1 I
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is mostly forested. The site contains an extensive
logging road network that has been upgraded and paved. General land use in the vicinity is
agricultural and residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project calls for the development of 77 single-family lots and all associated
infrastructure. Also, included in development plans is a pond intake structure that will be
used to provide water to two off-line ponds at the development's entrance. The applicant
proposes to permanently impact 279 linear feet of stream channel in association with
development of a residential community. There are nine permanent stream impacts and two
permanent wetland impacts associated with development at Red Wolf Run; these impacts
have already occurred at the site. Impacts have been identified on the site plan which is
enclosed for review (Figure Set 3).
11. Explain the purpose of the proposed work: The purpose of the proposed work was to
provide access to residential building lots and provide water to two off-line ponds.
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. The Red Wolf Run community is divided into two areas: Serenity
Ridge and the Estates. Serenity Ridge is comprised of two properties: one owned by Red Wolf
Run, LLC and the other owned by Bob and Tina Decker. The applicant has a road construction
and easement agreement through the Decker property granting access to Serenity Ridge and the
Estates. The easement through the Decker property was granted to the Blevins (another propert
y
owner with property adjacent to Red Wolf Run) to access their property, about 400 acres
Subsequently, the applicant purchased 60 acres from the Blevins and was assigned use of the
easement through the Decker property. The applicant pays an easement fee to the Deckers for
the right to use the easement.
Mr. Mike Conner of Day Associates Engineering Services PA was originally employed on this
project to do site development plans. Mr. Conner divided the project into two portions: Bob and
Updated 1 I / 1 /2005
Page 3 of 11
Tina Decker's property and Red Wolf Run (Serenity Ridge and the Estates). Mr. Conner
believed that if less than 150 linear feet of stream was impacted on each portion, notification to
the Corps and the DWQ was not required. This information was then relayed to the applicant.
Road construction was commenced under this assumption. Upon further evaluation of the
Estates, it was determined that two culverts would be required to develop this area. Mr. Conner
submitted a Nationwide permit application for two culverts (90 linear feet of impact) for the
Estates portion of Red Wolf Run. This permit application was submitted on January 24, 2008.
Mr. David Baker of the Corps tried to contact Mr. Conner about the permit application in early
February. Mr. Conner never responded to the inquiries. Application for the site as a whole was
never made.
On February 6, 2008, Ms. Linda Wiggs and Mr. Jim Reid of the DWQ conducted a site visit at
Red Wolf Run. As a result of this site visit, a "Notice of Violation" was issued on March 5,
2008. Along with stormwater violations, the NOV cited the applicant for failure to secure the
appropriate 401 Water Quality Certification for the project. On April 4, 2008, C1earWater
Environmental Consultants, Inc. (CEC) on behalf of Red Wolf Run, LLC submitted a response
to the NOV.
In July of 2008, Mr. Conner and Day Associates resigned from the project. In August of 2008,
the applicant hired Carolina Civil Design Associates to take over site development planning for
the pronertv.
On September 26, 2008, C1earWater Environmental Consultants Inc. on behalf of the applicant
submitted an Individual Permit application for 373 linear feet of stream impact and 0.013 ac of
wetland impact. All impacts on Red Wolf Run property and the Decker property were
considered cumulativelv.
One day during the week of October 13, 2008, David Baker with the US Any Corps of
Engineers visited the site. After discussions with the applicant it was determined that the project
could be applied for under a Nationwide Permit. Two additional culverts on site (Impacts 6 and
7 in the Individual Permit application) where pre-existing. These culverts where removed prior
to any surveys taking place on site; however, the grading contractor (Mr. Billy Anders of Anders
Grading) can verify that he removed and replaced these culverts. A letter from Mr. Anders is
included for review (Attachment A). One other culvert (Impact 5 in the Individual Permit
application) is for the explicit use of Bob and Tina Decker, this culvert provides driveway access
to their home and is independent of activities at Red Wolf Run. Bob and Tina Decker will also
be applying for an ATF Nationwide permit for the culvert replacement associated with their
driveway.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future project plans are anticipated.
Updated 11/1/2005
Page 4 of l 1
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: On September 26, 2008, C1earWater
Environmental Consultants, Inc., on behalf of the applicant, submitted an Individual Permit
application for 373 linear feet of stream impact and 0.013 ac of wetland impact.
One day during the week of October 13, 2008, David Baker with the US Army Corps of
Engineers visited the site. After discussions with the applicant it was determined that the project
could be applied for under a Nationwide Permit. Two additional culverts on site (Impacts 6 and
7 in the Individual and Nationwide permit application) were pre-existing. These culverts were
removed prior to ans sag place on site; however, the grading contractor (Mr. Billy
Anders of Anders Grading) can verify that he removed and replaced these culverts. A letter from
Mr. Anders is included for review (Attachment A). One other culvert (Impact 5 in the Individual
and Nationwide permit application) is for the explicit use of Bob and Tina Decker this culvert is
entirely on their propgly, provides driveway access to their home and is independent of
activities at Red Wolf Run. Bob and Tina Decker will also be applying for an ATF Nationwide
permit for the culvert replacement associated with their driveway.**CEC has elected to not
change impact numbers between the Individual and Nationwide permit application in order to
avoid confusion. Impacts 1-4 and 6-12 are associated with development of Red Wolf Run
Impact 5 is associated with driveway access to Bob and Tina Decker's home.**
The proposed project calls for the development of 77 single-family lots and all associated
infrastructure. Also, included in development plans is a pond intake structure that will be used to
provide water to two off-line ponds at the development's entrance. The applicant poses to
permanently impact 279 linear feet of stream channel in association with development of a
residential community. There are nine permanent stream impacts and two permanent wetland
impacts associated with development at Red Wolf Run; these impacts have already occurred at
the site. Impacts have been identified on the site plan which is enclosed for review (Figure Set
31.
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.
Updated 11/1/2005
Page 5 of 11
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
11 Culvert replacement Herbaceous No Adjacent 0.004
12 Culvert replacement Herbaceous No Adjacent 0.009
Total Wetland Impact (acres) 0.013
3. List the total acreage (estimated) of all existing wetlands on the property: >1 ac
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 map)
Stream Name
Type of Impact
Perennial Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT Ray Branch Culvert replacement P 4 0 0
2 UT Ray Branch Culvert installation P 4 100 0.009
3 UT Ray Branch Culvert replacement P 3 21 0.001
4 UT Ray Branch Culvert replacement P 3 28 0.002
5 Decker Property
6 UT Ray Branch Culvert replacement P 3 25 0.002
7 UT Ray Branch Culvert replacement P 3 45 0.003
8 UT Ray Branch Culvert replacement P 4 7 0.001
9 UT Ray Branch Culvert replacement P 4 48 0.004
10 UT Ray Branch Pond Intake P 4 5 >0.001
Total Stream Impact (by length and acreage) 279 0.023
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
No OW impacts.

Total Open Water Impact (acres)
Updated 11/1/2005
Page 6 of I I
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.023
Wetland Impact (acres): 0.013
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.035
Total Stream Impact (linear feet): 279
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.): Excavation of two off-line ponds. Stream impacts are
associated with the intake: total impact is 5 linear feet for intake.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): aesthetic
Current land use in the vicinity of the pond: pasture; location of new gatehouse
Size of watershed draining to pond: +/- 175 ac Expected pond surface area: >0.1 ac
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts on site have been avoided and minimize to the maximum extent practical. The analicant
and design team used the existing logging road network as the base for the road layout at Red
Wolf Run. In doing so new impacts at the site were reduced by 191 linear feet Approximately
41% (191 linear feet) of impacts at Red Wolf Run were pre-existing.
Updated 11/1/2005
Page 7 of 11
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.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The proposed mitigation plan is attached for review (Attachment B).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.neeep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Updated 11/1/2005
Page 8 of 11
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .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.
Zone* Impact Multiplier I Required
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Updated 11/1/2005
Page 9 of I I
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The stormwater management plan for this site
will be reviewed under the Madison County Water Supply Watershed II Program Following
local government approval, a copy of the approved SMP will be submitted to DWQ.
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 generated by residents at the development will be treated via single-family on-site
wastewater treatment systems (i.e. septic tank).
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No ?
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.ne.us/ncwetlands. If no, please provide a short narrative description: Any
goods and services needed by the residence of this development can be obtained from the nearby
town of Mars Hill. This project will not result in additional development which would impact
nearby downstream water quality.
Updated 11/1/2005
Page 10 of 11
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).
17
//// /, ?) z
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1 1 /1 /2005
Page 1 l of 1 l
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Map Data 0 2008 N AV Y E O or TelleAdtas
* - Approximate Site Location
Red Wolf Run
Madison County
North Carolina
CLEARWATER
Environmental Consultants, Inc.
718 Oakland Street
I Icndersonvillc, NC 28791
Site Vicinity Map
MapQuest
Figure I
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CLEARWATER
Red Wolf Run Environmental Consultants. Inc. USGS Topographic Map
Madison County 718 Oakland Street Bamardsville Quad
North Carolina Hendersonville. NC 28791 Figure 2
828-698-9800
Figure Set 3
Site Plan

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A. . 1983

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CLEARWATER
Red Wolf Run Environmental Consultants. Inc. USDA Soils Map
Madison County 718 Oakland Street Web Soil Survey
North Carolina Hendersonville, NC 28791 Figure 4a
S28-698-9800
Madison County, North Carolina (NC115)
Map Unit Symbol Map Unit Name Acres in A01 Percent of A01
ArE Ashe-Cleveland-Rock uulcrup 10.5 4.7
wrnplex. 30 to 50 peruent
slopes. very bouldery
ArF Ashe-Cleveland-Rock outurup 1.8 0.8r:
uumplex. 50 to 95 peruent
dupes. very boulder,
BnE Buladean-Chestnut cumplex. 61.8 27.51:
30 to 50 peruent slopes. stung
BnF Buladean-Chestnut wtnplex. 71.3 31.8`':,
50 to 95 peruent slopes, stony
EvD2 Evard-Cuwee wrr.plex. 15 to 30 21.1 9.4
percent slopes. rnuderately
eroded
EwE Evard-Cuwee complex. 30 to 50 1.2
peruent slopes. stun,
FnD2 Fannin sandy clad luarn. 15 10 3.4 1.5
30 percent slopes.
moderately eroded
MwD Mars Hill Walnut Lu[Tiplex. 15 to 7.0 3.1'-"':,
30 percent slopes. stony
A1vuE Mars Hill-l"lalnut complex. 30 to 13.9
50 percent slopes, stony
MwF Mars Hill-Walnut complex. 50 to 3.7 1.6`. ,
95 percent slopes. sturiys
TaC Tale loam. 8 to 15 percent 4 0 1.8
slopes
TsD Tueuane-Tusauitee complex. 24.9 11 1
15 to 30 peruent slopes. very
buuIderv
TsE Tueuarre-Tus'.iuitee complex. 0.0 0.0
30 to 50 percent slopes. very
buuldery
Totals for Area of Interest (A01}
CLEARWATER
Environmental Consultants, Inc.
718 Oakland Street
Hendersonville, NC 28791
828-698-9800
224.5
100.0`".',
Red Wolf Run
Madison County
North Carolina
USDA Soils Map Legend
Web Soil Survey
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Attachment A
Memo from Billy Anders
Memo to File
October 23, 2008
Anders Grading has built all of the roads in the Red Wolf Run community. The main
road through the Blevins property. It had been
road, Red Wolf Run, followed a logging
improved over many years of use and serves as the Blevins access to his adjoining
property.
The first road construction was a section above the Decker home that had just bee Decker
started. Some time before building
foot long culvert was removed from this first section of
house seat and driveway. A
road. This culvert was not recorded on the Day road drawings.
Off the main road higher up on the mountain a second culvert
culvert was 20 fee long
section of old logging road that is now Little Pond Pass.
and was not shown on the Day drawings.
All of the other culverts removed and replaced were shown on the drawings. This
includes the culvert Anders Grading put in the Decker driveway.
4A
Billy Anders
Owner
Anders Grading
*Referring to Impact 6
**Referring to Impact 7
Attachment B
Conceptual Mitigation Plan
Attachment B
CONCEPTUAL MITIGATION PLAN
Upon completion and implementation of all practical avoidance and minimization efforts,
279 linear feet of stream channel impacts associated with the development at Red Wolf
Run are unavoidable. All unavoidable impacts associated with culvert replacement will
be mitigated for at a compensatory mitigation ratio of 1.5:1. This ratio was chosen
because impacts are in the location of previous impacts along a pre-existing road and the
streams in those locations are not in "good" condition. All unavoidable impacts
associated with installation of new culverts will be mitigated for at a compensatory
mitigation ratio of 2:1. The following conceptual mitigation plan is provided in support
of this permit application. Representative photographs of restoration and enhancement
areas are included for review at the end of this appendix.
Stream Preservation
The applicant proposes to partially mitigate for unavoidable impacts at a
mitigation activity ratio of 5:1 through preservation of a portion of unimpacted
streams on the site. Approximately 1,740 linear feet of stream will be preserved,
along with a 30-foot wide buffer on each side of the stream. Upland buffers will
total approximately 2.39 acres. All preserved streams and buffer areas have been
identified on the enclosed site plan (Figure Set 3) and will be protected via
restrictive covenants. Restrictive covenant language will be consistent with
model language provided by the US Army Corps of Engineers, Wilmington
District. Any changes to the model restrictive covenant language will be
approved by the Corps.
Stream Enhancement
The applicant proposes to partially mitigate for unavoidable impact at a mitigation
ratio of 2.5:1 through enhancement of a portion of unimpacted streams on the site.
Approximately 283 linear feet (in two segments) of stream channel will be
enhanced according to the "Guidelines for Riparian Buffer Restoration" (October
2004).
Enhancement Area "A" is located near the entrance and behind the gatehouse at
Red Wolf Run. This area is confined slightly by the road; buffer widths on the
right side of the stream will also be constrained in this area. Enhancement Area
"B" is located near the entrance to the Estates. Enhancement will take place from
the existing pond outfall to the adjacent stream; enhancement activities will occur
upstream and downstream of the proposed restoration area. Enhancement
activities in the form of buffer plantings and reestablishment will occur in the
location of Area "A" (253 linear feet) and the location of Area "B" (30 linear
feet). Planted buffer widths will total 30 linear feet from the top of bank; except
as noted above. Six to eight native tree and/or shrub species will be planted on
10X10 spacing for a total of 436 stems per acre. A native species list from which
trees and shrubs will be selected is included in the "Guidelines for Riparian
Buffer Restoration".
Attachment B
Monitoring will be conducted annually, during the growing season, for five years
and subsequent reports will be sent to regulatory agencies for review and
comment. Upon completion of initial planting, one vegetation plot will be
established in each enhancement area. All planted stems will be counted in the
plot to determine success. Success will be defined as survival and growth of at
least 320 stems per acre through three years of monitoring, survival and growth of
at least 288 stems per acre through year four, and survival and growth of at least
260 stems per acre through year five. If a plot is deemed unsuccessful, additional
plantings will be installed to meet success criteria. Photographs will be taken to
document each plot.
Enhancement areas have been identified on the enclosed site plan (Figure Set 3).
Stream Restoration
The applicant proposes to partially mitigate for unavoidable impact at a mitigation
ratio of 1:1 through restoration of three unneeded road crossings at the site.
Approximately 78 linear feet (in three segments) of stream channel will be
restored.
Restoration Sites "A" (15 linear feet), "B" (22 linear feet), and "C" (41 linear
feet) are located near the entrance to the estates. Restoration activities will
incorporate Natural Channel Design methods. This is a geomorphological
approach to stream restoration based on an understanding of the valley type,
general watershed conditions, dimension, pattern, profile, hydrology, and
sediment transport of natural substrate, stable channels reference conditions, and
applying this understanding to the reconstruction or relocation of an unstable or
new channel.
As-built plans, which will document the post construction condition of the
restored segments, will be completed and submitted to the agencies. The as-built
plans will confirm the constructed channel is of the design pattern, dimension, and
profile. The applicant will evaluate the success of the stream restoration using the
following forms of monitoring: photo documentation, plant survivability, and
channel stability.
Channel stability monitoring will include cross sections and longitudinal profiles.
Cross sections will be located in riffles and pools. The location of the cross
sections will be finalized during construction and shown on the as-built plans.
Monitoring will occur once a year for five years and for at least two bankfull flow
events after construction. The project is determined a success, in regards to
channel stability, when there is minimal evidence of instability, which may
include down-cutting, deposition, bank erosion, and increase in sands or finer
substrate. Substantial determinations of success will be made by the applicant
and confirmed by the Corps and the DWQ.
2
Attachment B
Photos will document channel aggradation or degradation, bank erosion, success
of riparian vegetation, effectiveness of erosion and control measures, and absence
or presence of in-stream bars. Photos will be taken at the same location each
year. At least one photograph upstream and downstream will be taken at each
permanent cross section and at key stream features. The project will be deemed
successful when there is no substantial aggradation, degradation, or bank erosion.
Substantial determinations of success will be made by the applicant and
confirmed by the Corps and DWQ.
Vegetative survival inside the planted riparian buffer will be documented with
photographs, as well. These photographs will be taken for five years and along
the entire length of the corridor. Fixed photographic stations will be established
and utilized each year. Baseline monitoring and as-built plans will be submitted
immediately following planting. Monitoring will occur annually thereafter for a
period of five years.
Plant survivability will also be monitored. Upon completion of initial planting,
one vegetation plot will be established in each restoration area. All planted stems
will be counted in the plot to determine success. Success will be defined as
survival and growth of at least 320 stems per acre through three years of
monitoring, survival and growth of at least 288 stems per acre through year four,
and survival and growth of at least 260 stems per acre through year five. If a plot
is deemed unsuccessful, additional plantings will be installed to meet success
criteria. Photographs will be taken to document each plot.
If significant problems are identified prior to the end of the monitoring program,
Corps and DWQ regulatory agency personnel will be consulted regarding possible
remedial action. Remedial action may include replanting, additional grading,
stabilizing, and continued monitoring. If, at the end of the monitoring program,
success criteria have not been met, the applicant will consult with the Corps, the
DWQ, and other appropriate state and federal agencies to determine specific
causes and appropriate remedial actions. Review of specific causes resulting in
success criteria deficiencies may include: hydrologic influences, plant mortality,
vandalism, animal depredation, or invasion of nuisance plants.
It is the intent of the applicant to achieve the success criteria; however, the
applicant cannot be responsible for acts of god or natural disasters, which may
undermine or preclude success. In the event of such acts or disasters, the
applicant will immediately coordinate with the appropriate state and federal
agencies for proper actions, if needed.
3
Attachment B
Summary
The applicant is proposing to mitigate for 279 linear feet of unavoidable stream
impacts. Compensatory mitigation will be in the form of preservation,
enhancement, and restoration. The tables below summarize the basic mitigation
requirements along with the proposed stream mitigation.
Basic Mitigation Requirement
Impact Site Type of Impact Linear Feet of Impact Compensatory
Mitigation Ratio (x:1) Basic Mitigation
Requirement
I Culvert 0 1.5 0
2 Culvert 100 2 200
3 Culvert 21 1.5 31.5
4 Culvert 28 1.5 42
5 Decker Home
6 Culvert 25 1.5 37.5
7 Culvert 45 1.5 67.5
8 Culvert 7 1.5 10.5
9 Culvert 48 1.5 72
10 Culvert 5 1.5 7.5
Total Impacts 279
Total Mitigation Required 468.5
Proposed Mitigation
Site Linear Feet of Mitigation Type Mitigation Activity
Total Credit
Ratio (x:1)
Preservation

Area 1,740 Preservation 5 348
Enhancement
Area A 253 Enhancement 2.5 101
Enhancement
Area B 30 Enhancement 2.5 12
Restoration
Site A 15 Restoration 1 15
Restoration
Site B 22 Restoration 1 22
Restoration
Site C 41 Restoration 1 41
Total 2,101 539
Attachment B
Kestoration site
Enhancement Area A (to the right of existing road)
Attachment B
Restoration Site
Kestoration Jrte u