20011542 Ver 1_COMPLETE FILE_20051214

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2006
DWQ Project # 01-1542 Ver. 2
Buncombe County
Robin Orr
121 Hominy Baptist Church Drive
Candler, NC 28715
Subject Property: Big Cove Estates Subdivision, Phase 2
Big Cove Road, Buncombe County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Ms. Orr:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.003 acres of wetlands for the purpose of
property development at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on December 14, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3404 (GC3404). The Certification (s) allows you
to use Nationwide Permit(s) 14 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, stormwater, and buffer
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the filling activities described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Ne
o Carolina
Atura!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Robin Orr
Page 2 0 6
January 4, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other spec
and general conditions of this Certification (or Isolated Wetland Permit) are m
No other impacts are approved including incidental impacts:
Amount Approved
Units Plan Location or Reference
Wetland 0.003 (feet) Roadway fill
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with
specifications governing the proper design, installation and operation a
maintenance of such Best Management Practices in order to protect surfa
waters standards:
a. The erosion and sediment control measures for the project must t
designed, installed, operated, and maintained in accordance with the mo
recent version of the North Carolina Sediment and Erosion Control Plannir
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment an
erosion control measures must be such that they equal, or exceed, th
requirements specified in the most recent version of the North Carotin
Sediment and Erosion Control Manual. The devices shall be maintained c
all construction sites, borrow sites, and waste pile (spoil) projects, includin
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must b
designed, installed, operated, and maintained in accordance with the mo;
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with th
reclamation in accordance with the requirements of the Sedimentatio
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or ripar
areas beyond the footprint of the impacts depicted in the Pre-Construci
Notification. All construction activities, including the design, installation, operati
and maintenance of sediment and erosion control Best Management Practic
shall be performed so that no violations of state water quality standards, statut
or rules occur.
Robin Orr
Page 3 of 6
January 4, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
8. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
Robin( Orr
Page 4 of 6
January 4, 006
9. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion con,rol
devices in wetlands and waters is unavoidable, they shall be removed and he
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
10. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion amd
sedimentation control program, an NPDES General stormwater pXit
(NCG010000) administered by DWQ is automatically issued to the project. Tfis
General Permit allows stormwater to be discharged during land disturbi g
construction activities as stipulated by conditions in the permit. If your project icovered by this permit [applicable to construction projects that disturb one (1) r
more acres], full compliance with permit conditions including the sedimentati n
control plan, self-monitoring, record keeping and reporting requirements at e
required. A copy of this permit and monitoring report forms may be found t
http://h2o.enr.state.nc.us/su/Forms Documents.htm.
11. Deed Restrictions
Deed restrictions shall be placed on all retained jurisdictional wetlands, wate
and protective buffers in order to assure compliance for future wetland, water a
buffer impact. These mechanisms shall be put in place prior to impacting a
wetlands, waters and/or buffers approved for impact under this Certificati
Approval and Authorization Certificate.
12. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returne'
to the original grade, including each stream's original cross sectional dimensions
planform pattern, and longitudinal bed and bed profile after construction i?
complete or within 6 months of the establishment of the crossing, which ever i?
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored tc
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
Robin Orr
Page 5 of 6
January 4, 2006
13. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistant with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
14. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill.
15. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
16. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
17. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams are not allowed.
18. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) should be reestablished upstream and
downstream of the stream crossings if it is removed during construction to provide
bank stability and shading. We encourage the use of native plants that must be
removed from permanently disturbed areas.
19.All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
20. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
21.The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation re-
established where absent) in perpetuity from fill, vegetation removal, and other forms
of disturbance with deed restrictions or similar instrument. A riparian buffer width of
25 feet is minimally consistent with the stream stability guidelines, but wider buffers
are recommended to provide more water quality and habitat functions.
Robin }Jrr
Page 6 of 6
January 4, 2006
22.All jurisdictional waters on the site shall be inspected weekly for stability (includiig
both hydrology and plant survivorability) and a monthly report submitted tot e
Asheville Regional Office within 15 days of the end of each month.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted 'in your application a;d
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. Y u
must act within 60 days of the date that you receive this letter. To ask for a hearin ,
send a written petition, which conforms to Chapter 150B of the North Carolina Gene al
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleig?,
N.C. 27699-6714. This certification and its conditions are final and binding unless y u
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in t.
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Ashevi
Regional Office at either Kevin. [e-mail] or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK1khb p (?
Enclosures: GC 3402 D
Certificate of Completion JAN 1 a 2006
DEtv& cc: USACE Asheville Regulatory Field Office "'WLsANDSTTQE%RiwQ?1n'
DWQ 401 Central Office 8MAN
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 01-1542. BigCoveEstates. Phase2.a
Triage Check List
Date: 12/19/05 Project Name: Big Cove Estates, Phase II
DWQ #:01-1542, Ver. 2
County: Buncombe
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 12/14/05 to 2/12/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Xex2? 01--1S42
ENVIRONMENTAL SERVICES, INC.
1456 Patton Avenue, Suite C
Asheville, North Carolina 28806
828-254-0811 / Facsimile 828-254-0812
www.environmentalservicesine.com
MEMORANDUM
DL-L I 7005
TO: Cyndi Karoly, DWQ .A E)s - rS" KIWAi r ?, ycr
FROM: Jan Gay
DATE: 13 December 2005
RE: Big Cove Estates, Phase II, NWP 14
Attached are seven (7) copies of the Nationwide Permit #14 for a linear transportation project for
the proposed Big Cove Estates, Phase II project located near Candler, Buncombe County, North
Carolina. Included is check number 103355 in the amount of $200.00.
A copy has been submitted to Ms. Rebekah Newton (COE Asheville). A courtesy copy has been
provided to Mr. Kevin Barnett (DWQ Asheville) and one (1) copy is being provided to Dave
McHenry (WRC) for review.
If you have any questions or comments, or need any additional information, please let me know.
Pre-Construction Notification (PCN) Application FormOffice Use Only: Form Version March 05
USACE Action ID No. DWQ No. Vey 3u 5 4 2
(If any particular item is not applicable to ttus project, pease enter ivot Appucaoic Ur NiA -)
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: NWP k ?-
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 det r::21 ?
a.
II. Applicant Information DEC 1 4 2005
1. Owner/Applicant Information -'NAI It 0, 'AL: I Y
WE HANDS A, 0 S i JRM9«t1Ek RRnN6i,
Name: Robin Orr
Mailing Address: 121 Hominy Baptist Church Drive
Candler NC 28715
Telephone Number: 828-321-8040 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
n-.... , ,.r 0
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 I1 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: Big Cove Estates Phase II
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 8868.04-62-2934
4. Location
County: Buncombe Nearest Town: Candler
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
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): 35.5610°N, 82.7476°W
6. Property size (acres):
7. Name of nearest receiving body of water: Unnamed Tributary to Webb Branch
8. River Basin: French Broad River
(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/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: See Attachment A
10. Describe the overall project in detail, including the type of equipment to be used: The
project will require the use of hand tools and heavy equipment, including front end loaders
and backhoes with hydraulic thumbs. All equipment will be maintained to ensure no
hydraulic fluid will enter the stream channels.
11. Explain the purpose of the proposed work: Proposed fill would allow for road access for
development of the proposed Big Cove Estates sub-division, Phase II.
T...... 11 -10 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. Action ID No. 200230076, NWP 14 authorizing impacts of up to 146
linear feet of UT to Webb Branch was issued on 28 December 2001. Under this permit,
approximately 60 linear feet of channel was impacted (culvert). The permit expired and was not
renewed.
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.
At this time, no additional permits are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed project would includes
fill material for a proposed roadway to be placed within approximately 130 square feet of
jurisdictional wetland area.
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 floodine.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) es/no linear feet
1 fill herbaceous N 30 0.0027
2 fill herbaceous Y 2 0.0003
Total Wetland Impact (acres) 0.003
3. List the total acreage (estimated) of all existing wetlands on the property: 2.0 acres
n...... 1) ..co
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

tream
Perennial
Average

Stream Width

Impact
Area

of
Number Name Type of Impact or Before Length Impact
(indicate on Intermittent
Impact (linear feet)
(acres)
ma
N/A

Total Stream Impact (by length and acreage) 0 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma) ocean, etc.) (acres)

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.003
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.003
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The original permit allowed
for impacts of up to 146 linear feet of stream channel of which 60 linear feet were impacted.
Reconsideration of the proposed road system and stream crossings eliminated the proposed
culverts in favor of bridges avoiding approximately 80 linear feet of stream impact. The
adjustments will require the unavoidable impact to approximately 130 square feet of
jurisdictional wetland area.
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, available at
http://112o.enr.state.nc.us/ncwetlands/strnigide.htm1.
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. No mitigation is proposed for this project
n.. _„ c -'r o
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
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 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 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
„--- c -I PO
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
(square feet Multiplier Required
Mitigation
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
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 total amount of impervious surface for this sub-division has not vet been
determined However, the total impervious surface is not erected exceed 20% of the total land surface.
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.
Waste water creation is not expected as a direct result of the proposed impacts However, the
secondary impact sub-division creation) will create the need for disposal of domestic waste
water. Each lot within the sub-division will require a spparate septic system. Each system will
be the responsibility of the individual landowner in terms of permitting building and
maintaining
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
n...,7 -r o
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: All
future development within the Big Cove Estates Phase II will be constructed in a manner which
will not affect downstream water quality. Appropriate stormwater measures will be utilized to
ensure no affect to the resources.
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).
1?11?(
j o S
Applicant/Agent's Signature-, Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
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LOCATION MAP Mattern & Craig
CONSULTING ENGINEERS • SURVEYORS
BIG COVE ESTATES PHASE II 12 BROAD STREET
ASHEVILLE, NORTH CAROLINA
UPPER HOMINY TOWNSHIP
Amo
N SCALE: N/A COMM# 2470 FAX [phone]
4-4562
BUNCOMBE CO. NC
27'\.
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(0.70 Ac. req?.) ?.
PROPOSEt?
FILL LINE
W1 117 S.F. ?
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PROP
BRIDGE
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LEGEND
STREAM CHANNEL
-WB- WETLANDS BOUNDARY
PROPOSED FILL IN WETLANDS
SCALE: 1 "=50'

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WETLANDS DELINEATION
BIG COVE ESTATES PHASE II
UPPER HOMINY TOWNSHIP
BUNCOMBE CO. NC COMM# 2470
Mattern & Craig
CONSULTING ENGINEERS • SURVEYORS
12 BROAD STREET
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AA 1' 1 UUNW,KA1 U AJIIL' Y 1 LLC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
i. 200230076
County Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner. Ms. Robin Orr
Address: 121 Hominy Baptist Church Drive
Candler, North Carolina 28715
Telephone No.: [phone]
Size and Location of project (water body, road nametnumber, town. etc.): Unnamed tributaries to Webb Branch
flowing through the approximate 83 acre gig Cove Estates Subdivision off of Big Cove Road In Candler, North
Carolina.
Description of Activity: to install five culverts in the unnamed tributaries to provide road access within the Big
Cove Estates Subdivision. 'A total of 146 linear feet of channel will be impacted by the project.
Applicable Law: R Section 404 (Clean Water Act. 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict
accordance with the attached conditions and your submitted plans, and those conditions outlined in the attached December
20, 2001 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404 block above
is checked). before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of
Water Quality, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate
legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal. State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,
please contact the Corps Regulatory Official specified below.
Date 12/28/01
Corps Regulatory Official David Baker Telephone No. [phone]
Expiration Date of Verification 12128103
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED. OR AVAILABLE.
11/29/2005 TUE 12:44 FAX 8Z8Zb44b6Z
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CESA W Fw M
RevkW Jab 19"
DATA FORM
ROUTINE WETLAND DETERMINATION
l l 70 / t.L
Project/Site: Big Cove Estates, Phase II
Date: 10/27/2005
Applicant/Owner: Robin Orr County: Buncombe
investigator: Environmental Services, Inc. (ESI) State: NC
Do normal circumstances exist on the site? j?Yes No Community ID: Herbaceous
Is the site significantly disturbed (atypical situation)? ? Yes No Transect ID:
explain)?
otential problem area (If needed
Is the area a Data Point #: wet
,
p
?Yes Q No

vhl7h1A11U1N
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
1. American beautyberry
Callicar a americana herb FACU- 7.
2. soft rush
Juncus a us herb FACW+ 8.
3. touch-me-not
Impatiens ca ensis herb FACW 9.
4. 10.
5. 11.
6. 12.
Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 67%
emarks The hydrophytic vegetation criterion has been met.
n s Lnvj1%j" I
RECORDED DATA (DESCRIBE IN REMARKS):
WETLAND HYDROLOGY INDICATORS
Primary Indicators:
? Stream, Lake, or Tide Gauge ? Inundated
? Aerial Photographs Q Saturated in Upper 12 Inches
? Other ? Water Marks
? Drift Lines
0 NO RECORDED DATA AVAILABLE ? Sediment Deposits
? Drainage Patterns in Wetlands
FIELD OBSERVATIONS Secondary Indicators (2 or more required):
n Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Free Water in Pit: 6" ? FAC-Neutral Test
? Other (Explain in Remarks)
D t h to Saturated Soil: surface
arks: The hydrologic criterion has been met.
Lff
DATA FORM
ROUTINE WETLAND DETERMINATION
? 170 , ?..n rr cuaa,ua
Project/Site: Big Cove Estates, Phase II
Applicant/Owner: Robin Orr
Date: 10/27/2005
County: Buncombe
Investigator: Environmental Services, Inc. (ESI) State: NC
Do normal circumstances exist on the site? F,-/] Y No Community ID: Herbaceous
Is the site significantly disturbed (atypical situation)? ? Yes 0 No Transect ID:
explain)?
otential problem area (If needed
Is the area a Data Point #: up
,
p
? Y
Q N
o
es

v hlth 1 A 11UN
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
1. American beautyberry
Callica a americana herb FACU- 7.
2. Blackberry
Rubus spp. herb FAC 8.
3. touch-me-not
Impatiens ca ensis herb FACW 9.
4. 10.
5. 11.
6. 12.
Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 67%
ffu_ks The hydrophytic vegetation criterion has been met.
ri I "M"11"V I
RECORDED DATA (DESCRIBE IN REMARKS):
WETLAND HYDROLOGY INDICATORS
Primary Indicators:
? Stream, Lake, or Tide Gauge ? Inundated
? Aerial Photographs ? Saturated in Upper 12 Inches
? Other ? Water Marks
? Drift Lines
Q NO RECORDED DATA AVAILABLE ? Sediment Deposits
? Drainage Patterns in Wetlands
FIELD OBSERVATIONS Secondary Indicators (2 or more required):
? Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Free Water in Pit: >12" ? FAC-Neutral Test
? Other (Explain in Remarks)
Depth to Saturated Soil: >12"
arks: The hydrologic criterion has not been met.
L
Attachment A
Big Cove Estates, Phase II
Nationwide Permit 14
Project Narrative
The Big Cove Estates, Phase Il, is proposing to expand. To allow access to the Phase II properties,
road improvements and two stream crossings are necessary. The channel impacts were originally
authorized under Nationwide Permit 14, issued on 28 December 2001 (USCOE Action ID No.
200230076). Under this permit, 60 linear feet of stream channel was impacted at a single crossing,
utilizing a culvert. The permit expired on 28 December 2003, and was not reauthorized.
Big Cove Estates development proposes to sell individual lots, allowing each individual landowner
to develop the property independently.
Two stream crossings have been targeted to access the remaining property. To reduce impacts,
these crossings will be composed of bridges, rather than culverts, removing approximately 120
linear feet of stream impact, as well as associated jurisdictional wetland impacts.
To quantify the jurisdictional wetland impacts, ESI Biologist Jan Gay conducted a jurisdictional
wetland delineation within the proposed impact limits. The jurisdictional delineation effort took
place on 27 October 2005. The effort has not been reviewed by the resource agencies.
The proposed access road is located along an existing logging road. Improvements to this route will
require impact to jurisdictional wetland areas. Wetland impacts are limited to two jurisdictional
wetland areas totaling approximately 0.003 acre of areal extent. Both wetland areas are generally
herbaceous in nature, with vegetation consisting of American beautyberry (Callicarpa americana)
and soft rush (Juncus effusus). Soils within these wetland areas exhibited hydric characteristics
(Mansell color 10YR 3/1). Evidence of jurisdictional hydrology was noted, with saturation at the
soil surface.
The wetland areas are located adjacent to an unnamed tributary to Webb Branch. The unnamed
tributary does not have a separate Best Usage Classification, and therefore shares the Best Usage
Classification of its receiving water, Webb Branch. Webb Branch, from its source to Hominy
Creek, has a Best Usage Classification of C, and is not a designated Trout water. UT Webb Branch
is a small second order channel, approximately 6 feet in width.
No mitigation is proposed to offset the approximately 0.003 acre of jurisdictional impacts.
Twelve species with ranges considered to extend into Buncombe County are federally Threatened
or Endangered: Bog turtle (Clemmys muhlenbergii); Carolina northern flying squirrel (Glaucomys
sabrinus coloratus); spotfin chub (Loxia curvirostra); gray bat (Myotis grisescens); eastern cougar
(Puma concolor couguar); Appalachian elktoe (Alasmidonta raveneliana); oyster mussel
(Epioblasma capsaeformis); spreading avens ;Geum radiatum); bunched arrowhead ,Sagittaria
fasciculata); mountain sweet pitcher plant (Sarracenia jonesii); and Virginia spiraea (Spiraea
virginiana). The proposed access road does not contain potentially suitable habitat for any of these
species.
N D.B. 2322 PG. 385
?j y1
6-V 0 P.B. 76 PG. 152
y o? 8868.04-54-8423
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N 811' 21„ W
I-- A _ 266.30' (Tie3 -
8868.04-E
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1.32± C S?
(0.66 Ac. r d 1 1
28 ?.
1.10± AC ES \' 1
ry6?o (0.62 Ac. re
o
2) E IST.

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N
\ 27'k ?
2.19± ACks !.
(0.70 Ac. req' .) l
PROPOSE
\ FILL LINE X00 .\.
W1 117 S.F. t<?0
26 I ?+
2.32 ± ACRES
(1.58 Ac. reqd.) 2 13 S.F.
- PROP
BRIDGE-
,I
LEGEND
STREAM CHANNEL
-WB- WETLANDS BOUNDARY
PROPOSED FILL IN WETLAND
SCALE: 1 "=100*
8868.04-62-2593
J ? S
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C VERT / O
\ 8868.04 62 43
\ \ 0
VERT----//
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CULVE Q
868.04-E(3-t3? 40 b(n j.
ex s / ?
WETLANDS DELINEATIO
BIG COVE ESTATES PHASE II
UPPER HOMINY TOWNSHIP
BUNCOMBE CO.. NC COMM#
Mattern & Craig
CONSULTING ENGINEERS • SURVEYORS
12 BROAD STREET
ASHEVILLE, NORTH CAROLINA
[phone]
FAX [phone]
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0

Pre-Construction Notification (PCN) Application FormOfflce Use Only: Form Version March 05
USACE Action ID No. DWQ No. a a'
(If any particular item is not applicable to tors project, please enter Not Appncavic Vi N/t1 .)
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: NWP 17
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) ?. .c-,heck here ?
II. Applicant Information r
LEC ? ? ?(1Q5
1. Owner/Applicant Information
Name: Robin Orr
Mailing Address: 121 Hominy Baptist Church Drive
Candler NC 28715
Telephone Number: 828-321-8040 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
n...... I ..r o
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: Big Cove Estates, Phase II
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 8868.04-62-2934
4. Location
County: Buncombe Nearest Town: Candler
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.):
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): 35.5610°N. 82.7476°W
6. Property size (acres): 64
7. Name of nearest receiving body of water: Unnamed Tributary to Webb Branch
8. River Basin: French Broad River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://li2o.enr.state.nc.us/adniin/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: See Attachment A
10. Describe the overall project in detail, including the type of equipment to be used: The
project will require the use of hand tools and heM equipment, including front end loaders
and backhoes with hydraulic thumbs. All equipment will be maintained to ensure no
hydraulic fluid will enter the stream channels.
11. Explain the purpose of the proposed work: Proposed fill would allow for road access for
development of the proposed Big Cove Estates sub-division, Phase II.
7)--- IN _IV 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. Action ID No. 200230076, NWP 14 authorizing impacts of up to 146
linear feet of UT to Webb Branch was issued on 28 December 2001. Under this permit
approximately 60 linear feet of channel was impacted culvert). The permit expired and was not
renewed.
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.
At this time, no additional permits are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed project would includes
fill material for a proposed roadway to be placed within approximately 130 square feet of
jurisdictional wetland area.
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,
se aratel list impacts due to both structure and flood' g.
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)
es/no linear feet)
1 fill herbaceous N 30 0.0027
2 fill herbaceous Y 2 0.0003
Total Wetland Impact (acres) 0.003
3. List the total acreage (estimated) of all existing wetlands on the property: 2.0 acres
n...,,. 9 -V 0
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

tream
Perennial
Average

Stream Width

Impact
Area

of
Number Name Type of Impact or Before Length Impact
(indicate on Intermittent Impact (linear feet) (acres)
map)

N/A

Total Stream Impact (by length and acreage) 0 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number cable)
(if appli Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc.) (acres)

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.003
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.003
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
T--- A -rO
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The original permit allowed
for impacts of up to 146 linear feet of stream channel of which 60 linear feet were impacted.
Reconsideration of the proposed road stem and stream crossings eliminated the proposed
culverts in favor of bridges avoiding approximately 80 linear feet of stream impact. The
adjustments will require the unavoidable impact to approximately 130 square feet of
jurisdictional wetland area.
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, available at
http://l12o.enr.state.nc.us/ncwet]ands/strnigide.htmi.
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. No mitigation is proposed for this project

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.litm. 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)
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 El 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
n...... L -CO
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.
XI.
XII.
within 15A NCAC 2B .0242 or.0244, or
9
Riparian Buffer Restoration Fund). Please
Donation of Property Riparian Buffer Restoration / Enhancement, or Payment
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
attach all appropriate information as
0260.
into the
identified
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 total amount of impervious surface for this sub-division has not vet been
determined However, the total impervious surface is not expected exceed 20% of the total land surface.
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.
Waste water creation is not expected as a direct result of the proposed impacts. However, the
secondary impact (sub-division creation) will create the need for disposal of domestic waste
water. Each lot within the sub-division will require a separate septic system. Each system will
be the responsibility of the individual landowner in terms of permitting buildinand
maintaining -
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
n...... ^r ., r o
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
htt2://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: All
future development within the Big Cove Estates Phase II will be constructed in a manner which
will not affect downstream water quality. Appropriate stormwater measures will be utilized to
ensure no affect to the resources.
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).
'?Ij ?
/c
?o S
Applicant/Agent's Signatures Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

L )
WIG
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35082-E6-TF-024
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DMA 4455 II SW SERIES V842
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LOCATION MAP Mattern & Craig
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CONSULTING ENGINEERS • SURVEYORS
BIG COVE ESTATES PHASE II 12 BROAD STREET
44"00 ASHEVILLE, NORTH CAROLINA 254-2201
UPPER HOMINY TOWNSHIP
N BUNCOMBE CO. NC SCALE: N/A COMMI 2470 FAX [phone]
27'?.
.19± ACRES
(0.70 Ac. reqC ?.
PROPOSEi?
FILL LINE
W1 117 S.F.
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PROP
BRIDGE
86

LEGEND
STREAM CHANNEL
-WB- WETLANDS BOUNDARY
PROPOSED FILL IN WETLANDS
SCALE; 1 '=50'

WETLANDS DELINEATION
BIG COVE ESTATES PHASE II
UPPER HOMINY TOWNSHIP
BUNCOMBE CO. NC COMM# 2470
Mattern & Craig
CONSULTING ENGINEERS • SURVEYORS
12 BROAD STREET
A,omwo ASHEVILLE, NORTH CAROLINA
(828) 2542201
FAX [phone]

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C.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
1. 200230076
County Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Ms. Robin Orr
Address: 121 Hominy Baptist Church Drive
Candler, North Carolina 28715
Telephone No.: [phone]
Size and Location of project (water body, road name/number, town. etc.): Unnamed tributaries to Webb Branch
flowing through the approximate 83 acre Big Cove Estates Subdivision off of Big Cove Road In Candler, North
Carolina.
Description of Activity: to install five culverts to the unnamed tributaries to provide road access within the Big
Cove Estates Subdivision. A total of 146 linear feet of channel will be impacted by the project.
Applicable Law: R Section 404 (Clean Water Act. 33 U.S.C.1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict
accordance with the attached conditions and your submitted plans, and those conditions outlined in the attached December
20, 2001 NC Wildlife Resources Commission letter. If your activity is subject to Section 404 (if Section 404 block above
is checked), before beginning work you must also teceive a Section 401 water quality certification from the N.C. Division of
Water Quality, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate
legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide Permit,
please contact the Corps Regulatory Official specified below.
Date 12/28/01
Corps Regulatory Official David Baker Telephone No. [phone]
Expiration Date of Verification 12/28103
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.. MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED. OR AVAILABLE.
WI. V V1
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CESAW FwA !fit
Rob" Jan 0"
DATA FORM
ROUTINE WETLAND DETERMINATION
170 / l..D yr GL =IUD -
Project/Site: Big Cove Estates, Phase II UL-A- ---l
Date: 10/27/2005
Applicant/Owner: Robin Orr County: Buncombe
Investigator: Environmental Services, Inc. (ESI) State: NC
Do normal circumstances exist on the site? Yes No Community ID: Herbaceous
Is the site significantly disturbed (atypical situation ion)? El Yes No Transect ID:
explain)?
otential problem area (If needed
Is the area a Data Point #: wet
,
p
F
I N
? Y
o
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es

vMir,IAIILAN
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
1. American beautybeny
Callicar a americana herb FACU- 7.
2. soft rush
Juncus a us herb FACW+ 8.
3. touch-me-not
Impatiens ca ensis herb FACW 9.
4. 10.
5. 11.
6. 12.
Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 67%
emarks The hydrophytic vegetation criterion has been met.
rl T 1JSCVLVV T
RECORDED DATA (DESCRIBE IN REMARKS):
WETLAND HYDROLOGY INDICATORS
Primary Indicators:
? Stream, Lake, or Tide Gauge ? Inundated
? Aerial Photographs Saturated in Upper 12 Inches
? Other ? Water Marks
? Drift Lines
0 NO RECORDED DATA AVAILABLE ? Sediment Deposits
? Drainage Patterns in Wetlands
FIELD OBSERVATIONS Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Free Water in Pit: 6" ? FAC-Neutral Test
? Other (Explain in Remarks)
D th to Saturated Soil: surface
IF arks: The hydrologic criterion has been met.
JV1LJ
MAP UNIT NAME (Series and Phase):
Mapped as Edneyville/Chestnut Complex
DRAINAGE CLASS: moderately well drained
TAXONOMY (SUBGROUP):
Undetermined b preliminary Buncombe County Mapping FIELD OBSERVATIONS: Confirm Mapped Type?
Yes 2]No
PROFILE DESCRIPTION
Depth (inches) Horizon Matrix Color
(Munsell Moist) Mottle Color
(Munsell Moist) Mottle
Abundance/Contrast Texture, Concretions,
Structure, etc.
0-6 10YR 3/1 sand loam
6-14 10 YR 4/2 sand loam

HYDRIC SOIL INDICATORS:
? Histosol
? Concretions
? Histic Epipedon
? High Organic Content in Surface Layer in Sandy Soils
? Reducing Conditions
? Aquic Moisture Regime
? Sulfidic Odor
? Organic Streaking in Sandy Soils
? Listing on National Hydric Soils List
? Listed on State or Local Hydric Soils List
Q Gleyed or Low Chroma
? Color
? Other (Explain in Remarks)
Remarks: The hydric soil criterion has been met.
WETLAND DETERMINATION
Vegetation Present? 0 Yes ? No I Is this Sampling Point
Within a Wetland?
i Hydrology Present? P1 Yes ? No
Soil Present? Q Yes ? No
:s: Datapoint is jurisdictional.
Q Yes ? No
DATA FORM
ROUTINE WETLAND DETERMINATION
1170 / %,n rv G11 ul a LG
Project/Site: Big Cove Estates, Phase II
Applicant/Owner: Robin Orr lua?.aaavaa a
Date: 10/27/2005
County: Buncombe
Investigator: Environmental Services, Inc. (ESI) State: NC
Do normal circumstances exist on the site? / Yes No Community ID: Herbaceous
Is the site significantly disturbed (atypical situation)?_ ? Yes No Transect ID:
explain)?
otential problem area (If needed
Is the area a Data Point #: up
,
p
N
? Y
o
es Q

Vr.lir;lA11VN
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
DOMINANT
PLANT SPECIES
STRATUM
INDICATOR
1. American beautyberry
Callica a americana herb FACU- 7.
2. Blackberry
Rubusspp. herb FAC 8.
3. touch-me-not
Impatiens ca ensis herb FACW 9.
4. 10.
5. 11.
6. 12.
ercent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 67%
emarks The hydrophytic vegetation criterion has been met.
n I 1J1kULV V I
RECORDED DATA (DESCRIBE IN REMARKS):
WETLAND HYDROLOGY INDICATORS
Primary Indicators:
? Stream, Lake, or Tide Gauge ? Inundated
? Aerial Photographs ? Saturated in Upper 12 Inches
? Other ? Water marks
? Drift Lines
?? NO RECORDED DATA AVAILABLE ? Sediment Deposits
? Drainage Patterns in Wetlands
FIELD OBSERVATIONS Secondary Indicators (2 or more required):
? Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 0 ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Free Water in Pit: >12" ? FAC-Neutral Test
? Other (Explain in Remarks)
Depth to Saturated Soil: >12"
emarks: The hydrologic criterion has not been met.
JV1LJ
MAP UNIT NAME (Series and Phase):
Mapped as Edneyville/Chestnut Complex
DRAINAGE CLASS: moderately well drained
TAXONOMY (SUBGROUP):
Undetermined b relimin Buncombe County Mapping FIELD OBSERVATIONS: Confirm Mapped Type?
? Yes No
PROFILE DESCRIPTION
Depth (inches) Horizon Matrix Color
(Munsell Moist) Mottle Color
(Munsell Moist) Mottle
Abundance/Contrast Texture, Concretions,
Structure, etc.
0-14 10YR 5/3 sandy loam

HYDRIC SOIL INDICATORS:
? Histosol
? Concretions
? Histic Epipedon
? High Organic Content in Surface Layer in Sandy Soils
? Reducing Conditions
? Aquic Moisture Regime
? Sulfidic Odor
? Organic Streaking in Sandy Soils
? Listing on National Hydric Soils List
? Listed on State or Local Hydric Soils List
? Gleyed or Low Chroma
? Color
? Other (Explain in Remarks)
Remarks: The hydric soil criterion has not been met.
WETLAND DETERMINATION
Vegetation Present? ? Yes ? No I Is this Sampling Point
Within a Wetland?
etland Hydrology Present? ? Yes 0 No
?dric Soil Present? ? Yes 2 No
;marks: Data point is not jurisdictional.
? Yes El No
Attachment A
Big Cove Estates, Phase II
Nationwide Permit 14
Project Narrative
The Big Cove Estates, Phase II, is proposing to expand. To allow access to the Phase II properties,
road improvements and two stream crossings are necessary. The channel impacts were originally
authorized under Nationwide Permit 14, issued on 28 December 2001 (USCOE Action ID No.
200230076). Under this permit, 60 linear feet of stream channel was impacted at a single crossing,
utilizing a culvert. The permit expired on 28 December 2003, and was not reauthorized.
Big Cove Estates development proposes to sell individual lots, allowing each individual landowner
to develop the property independently.
Two stream crossings have been targeted to access the remaining property. To reduce impacts,
these crossings will be composed of bridges, rather than culverts, removing approximately 120
linear feet of stream impact, as well as associated jurisdictional wetland impacts.
To quantify the jurisdictional wetland impacts, ESI Biologist Jan Gay conducted a jurisdictional
wetland delineation within the proposed impact limits. The jurisdictional delineation effort took
place on 27 October 2005. The effort has not been reviewed by the resource agencies.
The proposed access road is located along an existing logging road. Improvements to this route will
require impact to jurisdictional wetland areas. Wetland impacts are limited to two jurisdictional
wetland areas totaling approximately 0.003 acre of areal extent. Both wetland areas are generally
herbaceous in nature, with vegetation consisting of American beautybery (Callicarpa americana)
and soft rush (Juncus effusus). Soils within these wetland areas exhibited hydric characteristics
(Munsell color 10YR 3/1). Evidence of jurisdictional hydrology was noted, with saturation at the
soil surface.
The wetland areas are located adjacent to an unnamed tributary to Webb Branch. The unnamed
tributary does not have a separate Best Usage Classification, and therefore shares the Best Usage
Classification of its receiving water, Webb Branch. Webb Branch, from its source to Hominy
Creek, has a Best Usage Classification of C, and is not a designated Trout water. UT Webb Branch
is a small second order channel, approximately 6 feet in width.
No mitigation is proposed to offset the approximately 0.003 acre of jurisdictional impacts.
Twelve species with ranges considered to extend into Buncombe County are federally Threatened
or Endangered: Bog turtle (Clemmys muhlenbergii); Carolina northern flying squirrel (Glaucomys
sabrinus coloratus); spotfin chub (Loxia curvirostra); gray bat (Myotis grisescens); eastern cougar
(Puma concolor couguar); Appalachian elktoe (Alasmidonta raveneliana); oyster mussel
(Epioblasma capsaeformis); spreading avens ;Geum radiatum); bunched arrow'_zead ',Sagittaria
fasciculata); mountain sweet pitcher plant (Sarracenia jonesii); and Virginia spiraea (Spiraea
virginiana). The proposed access road does not contain potentially suitable habitat for any of these
species.
B GE- t-) D.B. 2322 PG. 385
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26
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- PROP
BRIDGE
Q
LEGEND
STREAM CHANNEL
-WB- WETLANDS BOUNDARY
PROPOSED FILL IN WETLAND
SCALE: 1 "=100'
WETLANDS DELINEATION
BIG COVE ESTATES PHASE II
UPPER HOMINY TOWNSHIP
BUNCOMBE CO.. NC COMM# 2470
Mattern & Craig
CONSULTING ENGINEERS • SURVEYORS
12 BROAD STREET
ASHEVILLE, NORTH CAROLINA
[phone]
FAX [phone]
8868.04-62-2593
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8868.04 62 43
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