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HomeMy WebLinkAbout20081627 Ver 1_More Info Received_20081124Heaven's Rose, Inc. Engineering Services 44 Homespun Road Sylva, NC 28779 (828) 342-5079 (828) 508-2639 Division of Water Quality mv Attn: Ian McMillan 1650 Mail Service Center Raleigh, NC 27699-1650 NOV 2 4 2008 November 14, 2008 ??DS+AND STOROATER Dear Mr. McMillan: Thank you for your review of the permit for Mountain Watch Development (DWQ # 08-1627). After further investigation, I have verified that Mr. Lasley as Brannon Investment Property, LLC obtained a permit from the US Army Corps of Engineers January 17, 2006. This letter is enclosed for your records. At that time it appears that Mr. Lasley failed to request a section 401 concurrence from the Division of Water Quality. This application (copy enclosed) requested permission to impact 120 linear feet total of Jaynes Cove Branch and two UT to Jaynes Cove Branch. This work was completed prior to the March 18, 2007 expiration of the Corps authorization. During the installation of the culvert at location 43, a pond and rock dam was constructed upstream of the culvert. Also erosion control measures (silt fence and basin) have been installed downstream of the culvert. Therefore, I am submitting documentation of the after the fact permit for the construction of the three culverts, pond and rock dam. These plans are as-built. This revised application also requests permission to remove the erosion control devices downstream of culvert #3 and removal of siltation in the pond. I have corrected the PCN to reflect request under Nationwide Permit Number 39, the additional impacts and addressed the other concerns of your letter. I am not sure where the calculation of 261 linear feet (indicated in your letter) of impacts is stated in the PCN previously submitted. The initial request was to remove approximately 18 cy of silt from the pond. I hope this will address all your concerns. Should you need additional information, please do not hesitate to contact me. Sincerely, Wanda H. Austin, PE Cc: Tom Lasley Lori Beckwith Attachment: Original PCN and documentation November 2005 Corrected PCN dated October 28, 2008 Soil Map TOPO Map As Built Plans Opt 16 06 12:19p Lasley Construction Co Tom Lasley Lasley Construction 78-A Hansel Ave Asheville, NC 28806 September 5, 2008 Lori Beckwith US Army Corp of Engineers Wilmington District Asheville Regional Office Dear Ms. Beckwith: 828-926-8327 p.2 Wanda H. Austin, PE is acting on my behalf to obtain the necessary permit modification for the stabilization of pond construction in Mountain Watch Development. This includes permits from The US Army Corp of Engineers and any other regulatory agency. Sincerely, Tom Lasley Office Use Only: Form Version March 08 USACE Action ID No. DWQ No. 08-1627 Revised Form (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 0 A @ 1. Owner/Applicant Information NOV 2 4 2008 Name: Lasley Construction _ UM `Q` Mailing Address: 78-A Hansel Ave. wEnetc 9ER pNp STORMWAI?R BRANCH Asheville, NC 28806 Telephone Number: (828) 216-5621 Fax Number: E-mail Address: tomlasleyngmail.com 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: Wanda H. Austin, PE Company Affiliation: Heaven's Rose, Inc. Mailing Address: 44 Homespun Road Sylva NC 28779 Telephone Number: (828) 342-5079 Fax Number: E-mail Address: wanda.austin72kyahoo.com Page 5 of 13 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: Mountain Watch Development 2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 7697-76-7563 4. Location County: Haywood Nearest Town: Maggie Valley Subdivision name (include phase/lot number): Brannon Forest/Mountain Watch Directions to site (include road numbers, landmarks, etc.): US 276 North to SR 1389 Fox Run Road and turn left; SR 1389 west 0.02 mile to SR 1309 Jaynes Cove Road turn right; 1309 to end of state maintenance Brannon Forest Drive; 0.35 miles on right. 5. Site coordinates (Lat/Long or decimal degrees): 35^32'25.08" N 83^02'28" W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 30 acres 7. Name of nearest receiving body of water: Jaynes Cove Branch, Class C 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/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: Adjacent land is Brannon Forest Subdivision Mountain Watch has graded roads with no lots cleared otherwise it is mountainous terrain covered with woody vegetation. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: Three culverts and a 0.006 acre pond have been constructed on the property. Approximately 18 cy of silt is being proposed to be removed from the pond and removal of silt fence and basin at the third culvert crossing. Backhoes and manual labor will be used to remove the silt and erosion devices downstream of culvert. 11. Explain the purpose of the proposed work: This is an after the fact permit with the exception of the silt removal. The silt removal and removal of the erosion control devices is necessary to return the stream to a natural flow. 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. Approval for 120 linear feet of stream impacts (three culverts was obtained from USACE on January 17, 2006 under Action ID 200630191 DWQ concurrence was not obtained at that time. 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. There is not any future permits anticipated The property is in full build out 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. Page 7 of 13 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: Remove 18 cy of silt in pond and remove basin and silt fence downstream of culvert #3 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 (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 3 Flooding Forested No 0' 0.06 Total Wetland Impact (acres) 0.06 3. List the total acreage (estimated) of all existing wetlands on the property: 0.06 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- multinly lenuth X width then divide by 41 560 Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) I (Action ID 200630191) Jaynes Cove Branch 48" CMP Perennial 4' 40' 0.04 2(Action ID 200630191) UT to Jaynes Cove 24" CMP Intermittent 2' 58' 0.03 3 (Action ID 200630191) UT to Jaynes Cove 18" CMP Perennial 1' 50' 0.01 3 UT to Jaynes Cove Dam Perennial 1' 0.00002 Total Stream Impact (by length and acreage) 149' 0.08002 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. dredgino, flnodino drninavP hrtll-lipwIc ptrr Open Water Impact Name of Waterbody y Type of Impact Type of Waterbody Area of Site Number (if applicable) (lake, pond, estuary, sound, bay, Im act Page 8of13 (indicate on ma) ocean, etc.) (acres) 3 UT to Jaynes Cove Silt Removal pond 0.06 Total Open Water Impact (acres) 0.06 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.08002 Wetland Impact (acres): 0.06 Open Water Impact (acres): 0.06 Total Impact to Waters of the U.S. (acres) 0.20002 Total Stream Impact (linear feet): 148' 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.): Rock dam 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: wooded area beside roadway Size of watershed draining to pond: 4.6 acre Expected pond surface area: 254 sf 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. The proposed roads and lots are designed to cross streams a minimum times VIII. Mitigation Page 9 of 13 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, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation is not required. 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 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Page 10 of 13 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify V 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* I Impact Multiplier Required (square feet) Mitieation 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. 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 Page I I of 13 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. There is currently no impervious acreage. Proposed roads account for 6234 linear feet or 2.58 acres of pavement There are 25 lots which will account for 0.068 acre per lot (house and driveway) or 1.7 acres Thus the proposed impervious acreage is 4.3 acres or 14% 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. Sewer connections is provided by the Town of Maggie Valley XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ® No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This property is within Brannon Forest Once these lots are sold Mountain Watch will be in build out and Brannon Forest is fully developed to this point 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 Page 12 of 13 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). 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W Arc W 4 AtY Woo"D Co. a w 0 06 a U Ci -??_ ? ? ter.,-.?<•r"'i jr? ? ?S 't s. f MOUNTAIN WATCH PROPERTIES Lasley Construction Company 76A Hansel Avenue Asheville, N.C. 28806 Soils Map and Soils Description EdF-Edneyville-Chestnut complex, 50 to 95 percent slopes, stony. This map unit consists of very steep, well drained Edneyville and Chestnut soils. The Edneyville soil is very deep, and the Chestnut soil is moderately deep. These soils are on south- to west- facing side slopes of intermediate mountains. Stones and boulders are scattered on the surface. Typically, the unit is about 50 percent Edneyville soil and 35 percent Chestnut soil. The two soils occur as areas too intricately mixed and too small in size to map them separately at the selected scale. Individual areas are irregular in shape and range from 5 to 200 acres in size. Elevation ranges from 3,500 to 4,800 feet. Typically, the sequence, depth, and composition of the layers of this Edneyville soil are as follows- irface layer: 0 to 3 inches-brown gravelly loam lbsoil: 3 to 34 inches-yellowish brown sandy loam derlying material. 34 to 60 inches-multicolored saprolite of gravelly loamy sand Typically, the sequence, depth, and composition of the layers of this Chestnut soil are as follows- Surface layer. 0 to 4 inches-dark brown gravelly loam Subsoil: 4 to 21 inches--dark yellowish brown gravelly loam Underlying material: 21 to 30 inches-yellowish brown gravelly sandy loam Bedrock. 30 to 60 inches-weathered, multicolored high- grade metamorphic and igneous bedrock Air and water move through these soils at a moderately rapid rate. Surface runoff is very rapid in bare areas. The depth to soft bedrock is more than 60 inches in the Edneyville soil and ranges from 20 to 40 inches in the Chestnut soil. The content of organic matter in the surface layer of both soils ranges from low to high. The rooting depth is greater than 60 inches in the Edneyville soil and ranges from 20 to 40 inches in the Chestnut soil. The potential for frost action is moderate in both soils. . Included in this unit in mapping are small areas of Ashe and Cleveland soils near rock outcrops, Cowee and Evard soils or :lose slopes, Plott soils on cool aspects, and Tucl• segee and Cullasaja soils in narrow drainageways. Ast. soils are moderately deep to hard bedrock, and Clevek.nd soils are shallow to hard bedrock. Cowee and Evard soils have a subsoil that is redder than that of the Edneyville and Chestnut soils and has 18 to 35 percent clay. Plott, Tuckasegee, and Cullasaja soils have a surface layer that is thicker than that of the Edneyville and Chestnut soils. Cullasaja soils have more than 35 percent rock fragments in the subsoil. Some prominent exposed ridgetops are windswept. Also included are soils that have soft bedrock at a depth of 40 to 60 inches, areas of rock outcrops, and some small areas of soils th, t :Ia.,,& high content of mica. Contrasting inclusions make up about .15 percent of this map unit. Most of this map unit is used for timber production. Cleared areas are used for pasture. A few areas are used for building site development. These Edneyville and Chestnut soils are poorly suited to timber production because of the slope. Upland hardwoods, such as white oak, hickory, scarlet oak, and chestnut oak, eastern white pine, and yellow pines are the common trees. Managing the natural regeneration of hardwoods is the best method of ,eforestation. Cutting all of the trees can increase the .._ ,iatural regeneration of hardwoods. The main concerns in timber management are the hazard of erosion and the slope. The use of wheeled and tracked equipment is dangerous on these soils. Cable yarding generally is safer to use, requires fewer roads, and causes less damage to the soils. A buffer zone of trees and shrubs should be left adjacent to perennial streams to prevent siltation and warming of streams. These soils are poorly suited to pasture because of the slope. Adapted forage species include tall fescue, orchardgrass, native bluegrass, and legumes. The hazard of erosion is severe in unvegetated areas. It also is severe in areas along waterways where livestock destroy plant cover. Preventing overgrazing, preventing grazing along waterways, and grazing only when the soils are dry help to control erosion. Operating farm machinery on these soils is dangerous. Hand application of lime, fertilizer, seed, and herbicides is necessary because of the slope. These soils are poorly suited to building site development because of the slope. Any excavation increases the hazard of erosion. Revegetating disturbed areas and using erosion-control structures, such as sediment fences and catch basins, help to keep sediments onsite. Concrete foundations may be damaged by the high corrosivity of the soils. Corrosion- resistant material should be used. These soils are poorly suited to septic tank absorption fields because of the moderate depth to soft bedrock in the Chestnut soil and the slope. Untreated effluent can move along the surface of the restrictive layer and seep downslope, thus creating a health hazard. Onsite investigation is needed to locate sites on the Edneyville soil for sewage disposal. Because the slope can cause seepage, absorption fields should be installed on the contour. These soils are poorly suited to access roads because of the slope. The moderate potential for frost action is an additional limitation. Access roads should be designed to remove runoff safely. The soft bedrock in the Chestnut soil is difficult to excavate, and chunks of soft bedrock are hard to pack or difficult to vegetate on fill slopes. Frost action may damage unprotected road surfaces. The hazard of erosion can be reduced by vegetating all disturbed areas and installing water- control structures, such as culverts, broad-based dips, water bars, and outsloped roads. Regular maintenance of cut and fill slopes, the road surface, and water- control structures is needed. Surface water should not be diverted across fill slopes. The capability subclass is We. Based on northern red oak as the indicator species, the woodland ordination symbol is 4R. l?O) EvE-Evard-Co wee complex, 30 to 50 percent slopes. This map unit consists of steep, well drained Evard and Cowee soils. The Evard soil is very deep, and the Cowee soil is moderately deep. These soils are on side slopes of intermountain hills and low mountains. i ypically, the unit is about 45 percent Evard soil and 40 percent Cowee soil. The two soils occur as areas too intricately mixed and too small in size to map them separately at the selected scale. Individual areas are irregular in shape and range from 5 to 100 acres in size. Elevation ranges from 2,500 to 3,500 feet. Typically, the sequence, depth, and composition of the layers of this Evard soil are as follows- Surface layer. 0 to 2 inches-dark brown gravelly loam Subsoil: 2 to 11 inches-strong brown loam 11 to 27 inches-yellowish red loam 27 to 40 inches-red loam Underlying material. 40 to 60 inches-multicolored saprolite of gravelly sandy loam Typically, the sequence, depth, and composition of the layers of this Cowee soil are as follows- Surface layer: 0 to 3 inches-dark yellowish brown gravelly loam Subsurface layer. 3 to 6 inches-strong brown gravelly loam Subsoil: 6 to 11 inches-yellowish red gravelly loam 11 to 24 inches-red clay loam 24 to 28 inches-red sandy clay loam Bedrock: 28 to 60 inches-weathered, multicolored high- grade metamorphic and igneous bedrock Air and water move through these soils at a moderate rate. Surface runoff is rapid in bare areas. The depth to soft bedrock is more than 60 inches in the Evard soil and ranges from 20 to 40 inches in the Cowee soil. The content of organic matter in the surface layer of both soils ranges from low to high. The rooting depth is greater than 60 inches in the Evard soil and ranges from 20 to 40 inches in the Cowee soil. The potential for frost action is moderate in both soils. Included in this unit in mapping are small areas of Hayesville soils on spur ridges, Fannin soils intermingled with the Evard and Cowee soils on side slopes, Saunook soils along drainageways, and Trimont soils on the cooler side slopes. Hayesville soils have more than 35 percent clay in the subsoil. Fannin soils tiave a high content of mica. Saunook and Trimont soils -nave a surface layer that is thicker and darker than that of the Evard and Cowee soils. Saunook soils have a subsoil that is browner than that of the Evard and Cowee soils. Also included are areas of soils that have soft bedrock at a depth of 40 to 60 inches or at a depth of 10 to 20 inches, severely eroded areas, and areas of rock outcrops. Contrasting inclusions make up about 15 percent of this map unit. Most of this map unit is used as woodland. The rest is used for pasture, orchards, ornamental crops, or building site development. These Evard and Cowee soils are poorly suited to timber production because of the slope. Upland hardwood, such as white oak, hickory, scarlet oak, and chestnut oak, eastern white pine, and yellow pines are the common trees. Planting eastern white pine is the best method of reforestation. The main concerns in timber management are the hazard of erosion and the slope. Wheeled and tracked equipment can be used in the less steep areas, but cable yarding generally is safer to use and does not disturb the soils as much in the steeper areas. Using standard wheeled and tracked equipment when the soils are wet causes rutting and compaction. Soil compaction can be reduced by using low-pressure ground equipment, laying out skid trails in advance, and harvesting timber when the soils are dry. A buffer zone of trees and shrubs should be left adjacent to perennial streams to prevent siltation and warming of streams. Site preparation for pines, such as burning and herbicide application, helps to reduce immediate plant competition and improve seedling survival. Burning also helps to minimize debris and lower planting costs. Ripping skid trails and landings when the soils are dry breaks up compacted layers, improves tilth, and increases seedling survival. These soils are poorly suited to pasture and unsuited to hay because of the slope and a severe hazard of erosion. Adapted forage species include mixtures of tall fescue or orchardgrass and legumes. The hazard of erosion is severe in unvegetated areas. Eroded sites can crust or become sealed and thus cause poor infiltration of water. The hazard of erosion also is severe in areas along waterways where livestock destroy plant cover. Preventing overgrazing, preventing grazing along waterways, and grazing only when the soils are dry help to control erosion. Operating farm machinery on slopes greater than 30 percent is unsafe. Hand application of lime, fertilizer, seeds, and herbicides is necessary because of the slope. These soils are poorly suited to orchards and ornamental crops because of the slope and the hazard of erosion. Sod should be established and maintained between rows and on farm paths to control erosion. The soils are suitable for ball and burlap harvesting because of an acceptable amount of clay in the subsoil. These soils are poorly suited to building site development because of the slope. All excavated areas ate susceptible to severe erosion if they are left unprotected. Revegetating disturbed areas and using erosion-control structures, such as sediment fences and catch basins, help to keep sediments onsite. Using corrosion-resistant material for foundations, basements, i`i-N and underground utilities helps to offset the risk of corrosion to steel and concrete. The soft bedrock in the Cowee soil can hinder excavation, and chunks of soft bedrock are hard to pack or difficult to vegetate on fill slopes. These soils are poorly suited to septic tank 1 absorption fields because of the moderate depth to soft bedrock in the Cowee soil and the slope. Untreated effluent can move along the surface of the restrictive layer and seep downslope, thus creating a health hazard. Onsite investigation is needed to locate sites on the Evard soil for sewage disposal. Because the slope can cause effluent to seep to the surface, septic tank absorption fields should be installed on the contour. These soils are poorly suited to access roads because of the slope. The moderate potential for frost action is an additional limitation. During rainy periods, roads in bare areas are slippery and can be impassable. Access roads should be designed to remove runoff safely. Runoff can be controlled by vegetating all disturbed areas and installing water- control structures, such as culverts, broad-based dips, water bars, and outsloped roads. The design of roads for year-round use should include a well compacted roadbed or geotextile under a gravel surface. This design is needed for road support and to reduce maintenance. Regular maintenance of cut and fill slopes, the road surface, and water-control structures is needed. Surface water should not be diverted across fill slopes. The capability subclass is Vile. Based on chestnut oak as the indicator species, the woodland ordination symbol is 4R in areas of the Evard soil and 3R in areas of the Cowee soil. SdD-Saunook loam, 15 to 30 percent slopes, stony. This moderately steep, very deep, well drained soil is in coves, in drainageways, on toe slopes, and on benches of low mountains and intermountain hills. Stones are scattered on the surface. Individual areas are irregular in shape and range from 5 to 100 acres in size. Elevation ranges from 2,500 to 3,500 feet. Typically, the sequence, depth, and composition of the layers of this Saunook soil are as follows- Surface layer: 0 to 9 inches-very dark brown loam Subsoil: 9 to 28 inches-dark yellowish brown loam 28 to 34 inches--dark yellowish brown cobbly loam 34 to 65 inches-yellowish brown cobbly sandy loam Air and water move through this soil at a moderate rate. Surface runoff is rapid in bare areas. The depth to bedrock is more than 60 inches. The rooting depth is greater than 60 inches. The content of organic matter in the surface layer is moderate to very high. This soil is . subject to seeps and springs below the surface and at the surface. The potential for frost action is moderate. Included in this unit in mapping are small areas of Braddock and Dillsboro soils intermingled with the Saunook soil on benches and knolls and Hayesville soils along the edge of the unit. Hayesville, Braddock, and Dillsboro soils have more than 35 percent clay in the subsoil. Also included are some soils that have more than 35 percent rock fragments in the subsoil, some small areas that are very bouldery, and some soils that have major soil properties similar to those of the Saunook soil and have similar use and management. The similar soils have a subsoil that is redder than that of the Saunook soil. Contrasting inclusions make up about 15 percent of this map unit. About half of this map unit is used for cropland, pasture, hay,. orchards, or ornamental crops. The rest is used for woodland or building site development. Some areas are in the Pisgah National Forest and are used for timber production, wildlife habitat, or recreation. This Saunook soil is moderately suited to timber production because of the slope. Productivity, however, is high. Cove hardwoods, such as yellow-poplar, black cherry, northern red oak, and red maple, are the common trees. Eastern white pine and eastern hemlock also grow on this soil. The soil can be reforested by managing the natural regeneration of hardwoods or by planting eastern white pine. Site preparation for hardwoods that includes cutting all of the trees can increase natural regeneration. The main concerns in timber management are the slope and a hazard of erosion. Wheeled and tracked equipment can be used but can cause rutting and compaction when the soil is wet. Soil compaction can be reduced by using low- pressure ground equipment, laying out skid trails in advance, and harvesting timber when the soil is dry. A buffer zone of trees and shrubs should be left adjacent to perennial streams to prevent siltation and warming of streams. Site preparation for pines, such as burning and herbicide application, helps to reduce immediate plant competition and improve seedling survival. Burning also helps to minimize debris and lower planting costs. Ripping skid trails and landings when the soil is dry breaks up compacted layers, improves tilth, and increases seedling survival. n This soil is poorly suited to cropland because of the slope and a severe hazard of erosion. Erosion-control measures are difficult and expensive to establish and maintain on this soil. The stones on the surface should be removed to prevent damage to farm equipment. Soil- applied herbicides may be ineffective if used at normal rates because of the high content of organic matter in the surface layer. Higher rates are not recommended because of increased costs and potential environmental pollution. This soil is moderately suited to hay and pasture because of the slope. Adapted forage species include mixtures of tall fescue or orchardgrass and legumes for spring and fall production and sudangrass and alfalfa for summer production. The hazard of erosion is severe in unvegetated areas. It also is severe in areas along waterways where livestock destroy plant cover. Preventing overgrazing, preventing grazing along waterways, and grazing only when the soil is dry help to control erosion. Eroded sites can crust or become sealed, and the result is poor infiltration of water. Seeps and springs can be developed as water sources for livestock. The stones on the surface should be removed to prevent damage to farm equipment. This soil is moderately suited to orchards and ornamental crops because of the slope. Sod should be established and maintained between rows and on farm paths. Soil-applied herbicides may be ineffective if used at normal rates because of the high content of organic matter in the surface layer. Higher rates are not recommended because of increased costs and potential environmental pollution. The soil is suitable for ball and burlap harvesting because of an acceptable amount of clay in the subsoil. This soil is poorly suited to building site development because of the slope. All excavated areas are susceptible to moderate erosion if they are left unprotected. Revegetating disturbed areas and using erosion-control structures, such as sediment fences and catch basins, help to keep sediments onsite. Excavation is hindered by underground springs and cobbles and stones. Building sites should be graded so that surface runoff is directed away from the structure. Using corrosion-resistant material for foundations and basements helps to offset the risk of corrosion to concrete. Installing perforated drainage tile around the foundations helps to reduce the wetness caused by underground springs. This soil is poorly suited to septic tank absorption fields because of the slope. Filter fields should be installed on the contour. Areas containing seeps or springs should not be selected as sites. Trench walls are susceptible to smearing if the soil is excavated when wet. Raking the trench walls removes smeared surfaces. This soil is poorly suited to access roads because of the slope. The moderate potential for frost action and low strength are additional limitations. During rainy periods, access roads in bare areas are slippery and can be impassable. The design of access roads should control surface runoff and help to stabilize cut and fill slopes. In some areas the deep cuts made when leveling a surface for an access road can expose cobbles and stones. The design of roads for year-round use should include a well compacted roadbed or geotextile under a gravel surface. This design is needed for road support and to reduce maintenance. Unless it is removed, water from seeps and springs can saturate the roadbed. The roads may need more culverts than normal. The hazard of erosion can be reduced by vegetating all disturbed areas and installing water- control structures, such as culverts, broad-based dips, water bars, and outsloped roads. The capability subclass is Vie. Based on yellow- poplar as the indicator species, the woodland ordination symbol is 8R. c? 10/21/2005 Brannon Investment Property, LLC 26 Blueberry Lane Waynesville NC 28786 To Whom It May Concern, I hereby authorize Lasley Construction Company Inc. to act as my agent for the purpose of obtaining the Section 404 Permit necessary for the development of this firm's property holdings adjacent to the Brannon Forest subdivision. ?a. Robert O. Brannon Manager ,.r Ate' _'f4-_ A -A-XMJ ;. {A7G %J?Y? ?ZACdWID P1kL DWQ N0. (If any particular item is not applicable to this project, please enter I. Processing Ire U=&@S Applicable" or "N/A".) I . Ch k all of the approval(s) requested for this project. [P Section 404 Permit ? Riparian or Watershed Buffer ? Section IO Permit Rules ? Isolated Wetland Permit from DWQ ? 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General permit Number(s) Requested: 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 pro for mitigation of impacts, attach the acceptance letter from NCEEP, complete ? oproposed and check here: ? n VIII, 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 Environmental Concern (see the top of page 2 for further details), check here: 0 gement Area of M II. Applicant Information I . Owner/Applicant Ini Mailing ?` tj . C. Telephone Number: E-mail Address: Fax Number: 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: Company Affiliation: Mailing Address: rti? _ 4 t to 5(o Z 1 A;7,q P'-r% 12aa.4 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 MRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: 2. T.I.P. Project Number or State Project Number (NCDOT Only):_ nj l (? 3. Property Identification Number (Tax PIN) "ltoq'1 7io 4. Location County LW 4d©n? Nearest Town: r Subdivision name (include phase/lot number): *`?1i,£ ?? d?L a,t ..1 Directions to site (include road numbers/names, landmarks, etc.)- --to S t3 n : Sri 13B?i tJaST o. 0 2 -t-n S1E t ?t? Nt??K/L.Q. 1??'A?YI ?C1RC$A' flQ?V n xK yYn,. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum).A? 34° = 7 _ q a o .. -o, t , K . ISq 6. Property size (acres): 3oz - ' 8? ++J 13 ?5 = 32 = 25,0"? g?°_oZ : Z$, 7. Name of nearest receiving body of water:, 8. River Basin:, F??1.1?? 1:1 gd4ks (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at httD://h2n-enr.state.nc.us/-dniin/nm _ ) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Rdl 1 Lr _ 'S'0 , ;t crow: 10. Describe the overall project in detail, including the type of equipment to be used: j??uan CM U- rLct, I I. Explain the purpose of the proposed work: ?., ati ?,,, e o Qe 0 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. t?l A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide vi; de justification - ".1A the exclusion of this I work from the current application. p Pcm VI. osed Impats toWaters ofthe 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 riprap dissipater pads). Be sure to indicate if an impact is tem separately from permanent and tem poraiy. All proposed impacts, porary, 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: 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, W hnmwb d wto bolh sUmUm and THM GEWC*Md ? - - Bye SIL-P&MAff TRWat 1 (Mage) ems) TOW Wei hVWa (am=) 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 ®m a I be bwkdc& To ]lw ffiea drffwi& ? . ,. h%wd A of +0, ( 0-01 4.0! r09W (? 12c?? C>.03 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 OHM= 16?, e?+ra?adhroe, ems. VZOM Ana? afhWad ( n ?a Wray ( Tyw 7. Isolated Waters Do any isolated waters exist on the property? [] yes [B?N Describe all impacts to isolated waters, and include the type of water (wetland or stream) an the size of the proposed impact (acres or linear feet). Please note that this section on( applies to waters that have specifically been determined to be isolated by the USAGE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should b included above in the wetland and stream impact sections. Also, the proposed pond shoult be described here and illustrated on any maps included with this Fstream lication. Pond to be created in (check all that apply): ? uplands De scribe the method of construction (e.g., dam/embanlanent, excavation, llation de 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, ane financial viability of the project. The applicant may attach drawings of site layouts, and explain why these design options were not feasibe. Also disscuesglhow impact were minimized once the desired site plan was developed. If applicable, discuss construction techni ues to be followed during construction to reduce impacts. ? A VIII. Mitigation DWQ - In accordance with 15A NCAC 211 .0500, mitigation Division of Water Quality far projects involving greater may be required by the NC freshwater wetlands or greater than or equal to1 near feet of total impacts to nsrentr; 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, available at httD://h2o.enr.state nc uslncwetlands/strmgid_e hti i, 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 (acreagellinear 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. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Program WEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr Out,. nc ushvrpdp ex 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): IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use o public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to th, 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 SEP, coordinator at (919) 733-5083 to review current thresholds for environmental documentation Yes ? No V 3. If yes, has the document review been finalized by the State Clearinghouse? If so, pleas, 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 t required state and local buffers associated with the project. The applicant must also providt 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. map, whether or not impacts are proposed to the buffers. Correspondence from the DW( Regional Office may be included as appropriate. Photographs may also be included at tht applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .023; (Meuse), 15A NCAC 213 .0259 (Tar-Pamlico). 15A NCAC 02B 0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buff er identify }? Yes [] No ? Requirements), or other (pleas( 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 th, b ZMC* e .3t2 fW cahmfim) a TWA ` Zone I extends out 30 feet additional 20 feet from the edge ofZone 1. from the top of the near bank of channel; Zone 2 extends an 3. If buffer mitigation is required, please discuss what type Donation of Property, Riparian Buffer Restoration / Enhancemen for Pa proposed Riparian Buffer Restoration Fund). Please attach all appropriate informatiojn astidentifithe ec within 15A NCAC 2B .0242 or.0244, or.0260. e 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. -Nta. Ty4 Co?'St1wv 0/1a05 14WCA n . _ .. 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. XIM Violations (required by DWQ) Is this site in violation of DW Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No [ Is this an after-the-fact permit application? Yes ? No XIV. Cumulative hnpacts (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 htt o:/Jh2o.enr state nc us/ncwetlands. If no, please provide a short narrative description: 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). U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200630191 County: Haywood USGS Quad: DeRwood GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Brannon Investment Property, LLC Address: 26 Blueberry Lane Waynesville, NC 2 87 Z 6 Telephone No.: Size and location of property (water body, road name/number, town, etc.): Brannon Forest S/D located on 30 acre tract located off of Brannon Forest Drive and Jaynes Cove Drive; near MagsieVallev . Description of projects area and activity: This permit authorizes construction of 3 culverted crossings on Jaynes Cove Branch and its tributaries impacting 120 LF of stream channel. 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 conditions, the attached November 21, 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 NWT's are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of the changes to the NWP's. We will issue a public notice when the NWP's 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. 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 (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 Steve Chapin at 828-271-7980 x232. Corps Regulatory Official Steve Chapin Date: January 17, 2006 Expiration Date of Verification: March 18, 2007 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued - Action ID Basis of Jurisdictional Determination: Jaynes Cove Br.>Jonathan Cr.>Pieeon R.>French Broad R. Corps Regulatory Official: Steve Chapin Date January 17, 2006 Copy Furnished: Lasley Construction Company, 78A Hansel Ave., Asheville, NC 28806 Haywood County, N.C. Date: October 26, 2005 Ms. Rebecca Newton US Army Corps of Engineers 151 Patton Avenue Room 208 Asheville, N.C. 28801-5006 Dear Ms. Newton: Jonathan Creek Township I am attaching an application for a Section 404 General Permit to install 3 lines of CM Pipe in Jaynes Cove Branch, a tributary of Jonathan Creek. These pipes are proposed to be installed to provide access to the development of 30 acres of land for residential development. Pipe No. 1 is proposed for a 48" CM Pipe, but may be changed to an arch pipe to improve the grade line of the access road. Pipe No. 2 and pipe No. 3 are proposed for installation in tributaries of this small stream. At this time all three locations are live streams. This 30 acre tract is a portion of the Brannon Forest Subdivision. The total area of the subdivision is approximately 300 acres and part of the development has been under way for several years. This proposed section will be contained within the 30 acres shown on the plan sheet. I am attaching a cross-section view, ground profile and proposed grade line for the No. 1 pipe as it involves constructing a fill within the roadway to install the proposed pipe. The other two pipes will simply be installed at existing grade with minor grading required. Please review this proposal and if additional information is required, contact James E. Roberts, 545 Ora Circle, Waynesville, N.C. 28786. (828-452-0408) Sincerely. Lasley Construction G 78 A Hansel Avenue Asheville, N.C. 28806 Cc: Mr. Davis McHenry NC. Department of Wildlife 20830 Great Smokev Mountain Expressway Waynesville, N.C. 28786 -:fZLZA--k?- b-rt0t,3 Cor- N--hFyz 00. 1 'i' )Qati?- ,4P-SA StoYl bwe'3 L"V. 4 45' ?"a S IO?G. 3'? ? ?J (!Q Za? 10 c ? ?C?4? Cn•^'Ou 4c Q- °ld `gp w}AG? ,A(1..4 . Z ergs wbz ? LS = ti-i ? s Q,. u St* P-e 4 64 VO"69 AkW4 4. CP We-S to cam, p,P-L S?a?- 4- A ro O? jr-I 4t? °1 N a, a r P 1j I? p4 0 m? TIt C, o? t" CS' j ?a G !ac t? 1 ae ti l+R ! C5- 1 ?°