20050596 Ver 1_COMPLETE FILE_20050408

4?v ?T QG
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
June 3, 2005
DWQ Project # 05-0596
Jackson County
Theodore C. Morlock
T & T Properties, Inc.
1202 North Main Street
Anderson, SC 29621
Subject Property: Water Dance Developement
Hwy. 107 South of Cullowhee
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Morlock:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 260 linear feet of streams for the purpose
of property developement at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 18, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3402 (GC3402). The Certification (s) allows you to use
Nationwide Permit(s) 39 when issued., by the US Army Corps of Engineers (USAGE). 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 culverting activities described in your application. This
approval does not include permission for the proposed impounding impacts, as
no justification, nor avoidance and`: minimization discussion was provided. 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: htto://h2o.enr.state.nc i s/ncwetlands
North Carolina
JVaturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10°16 Post Consumer Paper
oc i rroperrmes
Page 2 of G
June 3, 2005
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 20 (feet) #1
Stream 60 (feet) #2
Stream (feet) #3 (Temporary Crossing)
Stream 20 feet #4
Stream 20 feet #5
Stream 20 feet #6
Stream 30 feet #7
Stream 40 (feet) #8
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
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 riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
ac i eroperties
Page 3 of 6
June 3, 2005
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
i
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. Stream Relocation/Stabilization (Mitigation) (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you must provide
and receive written approval from this Office for a final stream relocation and/or
stabilization plan. The plan must include designs and specifications that meet the
definition of stream restoration (or enhancement if no relocation is proposed)
according to the latest version of the Internal Technical Guide for Stream Work in
North Carolina (available at
http://h2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream and buffer
relocation must be constructed, maintained, and monitored according to the
plans approved by this Office, Any repairs or adjustments to the site must be
made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments. The relocated stream must be
preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of the approved plans.
You are required to mitigate for impacts through protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian
buffers are 50 foot buffers on the West Fork of the Tuckesiegee River, 30 foot
buffers on Grassy Creek and 30 foot buffers on all other streams on this property.
The following preservation is approved in relation to this project and must be
protected under the above provisions:
c v_ riupentes
Page 4 of 6
June 3, 2005
Stream Preservation: 24,343 linear feet
Stream / Wetland Buffer Preservation: 32.47 acres
Stream Restoration: 220 linear feet
Wetland Preservation: 0.196 acres
A. Deed Restrictions - Deed restrictions or similar mechanisms shall be
placed on the lot to assure compliance with the conditions of this variance
approval. These mechanisms shall be put in place prior to impacting any
buffers approved for impact under this Minor Variance. The Deed
Restrictions shall include the following paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ) or compliance with the Riparian Buffer Protection
Rule (15A NCAC 413 .0125). This covenant is intended to ensure
continued compliance with authorizations issued by the State of North
Carolina, Division of Water Quality, DWQ Project Number 03-1030, and
therefore may be enforced by the State of North Carolina. This covenant
is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
B. Riparian Buffer Protection Areas - The "Riparian Buffer Protection Areas"
shall include all retained riparian buffers protected under 15A NCAC 02B
.0233 and the "Additional Buffer Preservation Area" identified on page 3 or
the provided cover letter within your impact request.
7. 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.
8. 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.
. .x . r I upel ties
Page 5 of 6
June 3, 2005
9. Turbidity Standard
The turbidity standard of 10 ! 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. Daily monitoring
by a NC certified lab must be performed on a daily basis during culvert
installation. The samples must be taken a midpoint during each installation while
active installation is occurring'; and sampling must follow approved protocols.
10. 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 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 or locally delegated program has released the project.
11. 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 and
sedimentation control program, an NPDES General stormwater permit
(N00010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/F6rms Documents htm.
12. Trout Moratorium
The stream is a Class B Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional
work conducted within the stream may not occur between the dates of October
15 through April 15.
L " 1 rluperues
Page 6 of 6
June 3, 2005
13. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web
site at http://h2o.enr.state.nc.us/ncwetiands. The text of the sample deed
notification may be modified as appropriate to suit to this project.
14.Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
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.
15. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
Pale 7 of 6
June 3, 2005
The establishment of native; woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or
other bank hardening methods. If rip-rap is necessary, it shall not be placed in
the stream bed, unless specifi i cally approved by the Division of Water Quality.
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 and
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. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. BarnettCa)ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402 1
Certificate of Completion
cc: Jackson County Planning Office
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-0596.WaterDance.approval
OF.?A TF9Wa
?
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
July 27, 2005
DWQ Project # 05-0596
Jackson County
Theodore C. Morlock
T & T Properties, Inc.
1202 North Main Street
Anderson, SC 29621
Subject Property: Modification Request
Water Dance Developement
Hwy. 107 South of Cullowhee
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Morlock:
The Asheville Regional Office on the! NC Division of Water Quality (DWQ) is in receipt of
your request to modify the issued Water Quality Certification # 05-0596, dated July 25,
2005. The DWQ did not give authorization for this impoundment due to the "after the fact"
nature of the application, the water quality classification, and lack of a justification in the
submitted application. The following should clarify further the DWQ's decision:
O The West Fork of the Tuckeslegee River, which this entire property drains to, is
classified as Water Supply III, B, Trout. 15A NCAC 02B .0215 (3) (b) (H) prohibits
any new water dependant structures unless no practicable alternative exists. As
no such information indicating the no practicable alternative exists, the DWQ did
not approve the impoundment.'
Should you choose to further pursue this request, a complete PCN form must be
submitted which clearly explains why, no practicable alternative to constructing the pond
exists.
i
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:Nh2o.enr.state.nc.us/ncwetlands
One
.lVatitrally
An Equal Opportunity/AffirmativeActionEmployer - ,- HPrvriona -- '

Wetland and Natural Resource
Consultants, Inc.
July 25, 2005
To: NC Division of Water Quality
Attn: Cindi Karoly
Mail Service Center 1650
Re:
Raleigh, North Carolina 27699; 1650
Water Dance Development
Hwy. 107 South of Cullowhee
Jackson County, North Carolina
DWQ Project # 05-0596
Dear Sir:
P
JUL 2 9 2005
DENR - WATER QUALITY
VtETLANDS AND STORMVVATER BRANCH
.?L1L
•': it arm +: w:
With regard to the 401 Certification issued by your office, we would like to request
approval for the 50 linear feet of flooding/impounding that was not approved in the
401, but was approved in the 404. The 401 approved the total 260 linear feet applied
for, but there was a statement in the' certification that the impounding was not
approved.
This is a small aesthetic pond located above the entrance road. The size of the pond is
minimal. The location of the pond resulted in avoidance of additional hard impacts by
using a road crossing for the dam. The impact on aquatic passage of this pond is also
minimal because above the pond is a' 30 foot rock slide already impeding aquatic
passage.
Therefore, we feel that the impacts of this pond are minimal and we request that you
approve them.
Please contact us if you have any further questions.
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax
wnrinc.com
I
Newton Office
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax
Best regards,
Aeill Yelverton
828-712-961
Cc: NC Division of Water Quality
Attn: Mr. Kevin Barnett
2090 US Hwy 70
Swannanoa, NC 28778

Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax
Attn: Neil
Subject: Attn: Neil
From: Laurie Dennison <[e-mail]>
Date: Tue, 26 Jul 2005 12:32:35 -0400
To: [e-mail]
RE: DWQ # 20050596 Project name: Water Dance
Neil: I've asked the Asheville Regional Office to fax you a copy of the 401 Approval
letter. If you do not receive, please let me know by Thursday 7/28.
Thanks,
Laurie Dennison
DENR - DWQ
Wetlands/401 Unit
1 of 1 7/26/2005 12:47 PM
Re: 05-0596 water Dance Jackson County
Subject: Re: 05-0596 Water Dance Jackson County
From: Kevin Barnett <[e-mail]>
Date: Tue, 28 Jun 2005 07:36:08 -0400
To: Ian McMillan <ian.mcmiIlan @ncmail.net>
Issued June 3, 2005
Ian McMillan wrote:
I Kevin, if you get an minute, would you be able to give me an update on this
project (05-0596 Water Dance Jackson County)? Thanks, Ian
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Kevin Barnett <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 6/28/2005 8:16 AM
Triage Check List
Date: 4/11/05
Kevin Barnett, Asheville Regional Office
To: 60-day Processing Time: 4/8/05 to 6/6/05
Project Name: Water Dance
DWQ#: 05-0596
County: Jackson
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your 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 teclmical 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!
T
Version March 05
pan
Office Use Only: F
U V*
USACE Action ID No. DWQ No.
(If anv 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:NWP 39 for both completed
and proposed road crossing impacts.
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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: T&T Properties
Mailing Address: 1202 N. Main Street Anderson, South Carolina 29621
Telephone Number: 864-261-9001 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: Neill Yelverton
Company Affiliation: Wetland and Natural Resource Consultants, Inc
Mailing Address: PO Box 882
68 Poplar Street
Canton, North Carolina 28716
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
E-mail Address: [e-mail]
M. Project Information
Page 1 of 8
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: WaterDance
2. T.I.P. Project Number or State Project Number (NCDOT Only): Not a DOT project.
3. Property Identification Number (Tax PIN): Jackson Co. 117566-34-1695
4. Location
County: Jackson Nearest Town: Glenville
Subdivision name (include phase/lot number): WaterDance
Directions to site (include road numbers/names, landmarks, etc.):Starting in Cullowhee, NC,
head south on Hwy 107. Apprx. 10 miles south of WCU look for a covered bridge on the
right, this is the main entrance.
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): 35.2309854°N 83.1406796°W
6. Property size (acres): 425
7. Name of nearest receiving body of water: West Fork Tuckasegee River
8. River Basin: Little Tennessee
(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/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site is currently forested.
Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment will be used for road construction on site in order to access high ground. All
impacts are for road crossings, and all road crossings were pre-existing thought their length's
Page 2 of 8
will be extended Impacts will total 210 linear feet of hard impact and 50 linear feet of
flooding. Further detail exists in the cover letter.
Explain the purpose of the proposed work: The project will provide a housing community to
the surrounding area. Impacts are necessary to access high ground. All road crossings are at
locations where there was an existtng pipe before development began.
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. Corps Notice of Unauthorized Activity and NC DWQ Notice of
Violation have been issued for pipe replacements and extensions without a 404/401 permit.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No Future Permits 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.
Provide a written description of the proposed impacts: Impacts resulted from filling the stream to
replace and/or lengthen existing road crossings. The small pond resulted from instillation of a
riser pipe to one of the culverts at a road crossing-
Pap 3 of 8
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
senarately 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)

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: 0.196
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
41 UT to Tuckasegee pipe extention perennial 3' 20 .0014
#2 Grassy Creek pipe perennial 6' 60 .0083
#3 Grassy Creek temporary pipe perennial
#4 UT to Tuckasegee pipe extcntion perennial 4 20 .0018
#5 UT to Tuckasegcc pipe extention perennial 3 20 .0014
116 UT to Tuckasegce pipe extention perennial 2 20 .0009
#7 UT to Tuckasegee pipe extcntion perennial 5 30 .0034
#8 UT to Tuckasegee pipe extention perennial 5 40 .0046
49 Grassy Creek flooding perennial 6 50 .0069
Total Stream Impact (by length and acreage) 260 0.0287
4. 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)
Page 4 of 8
Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0287
Wetland Impact (acres): 0
Open Water Impact (acres : 0
Total Impact to Waters of the U.S. (acres) 0.0287
Total Stream Impact (linear feet): 260
6. 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.
7. 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.): A pond was constructed upstream of a road crossing
installinu a riser pipe on the road culvert to dam up the area_upsream or the road/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: forested
Size of watershed draining to pond: 450 acres Expected pond surface area: 2615 sq. ft.
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.Impacts necessary to access
hiuh ground. Existing roads and road crossings have been used to minimize impacts.
VIII. Mitigation
Page 5 of 8
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.
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.
Mitigation will take place on site, and will be a combination of channel restoration and buffer
and stream preservation.
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):
Page 6 of 8
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federaUstate) 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 E]
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 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* I (sq=Impact Required
c feet) I Multiplier I mitigation
2
Total
' Zone 1 extends out 30 feet perpendict;
additional 20 feet from the edge of Zone 1.
3 (2 for Catawba)
1.5
from the top of the near
channel; Zone 2 extends an
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 213.0242 or.0244, or.0260. No Buffer Mitigation Proposed
Page 7 of 8
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.
XH. 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.
On-site septic
XHI. 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 El 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:
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).
-s-
Applicant/Agent's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
l
40' Permit
V
30' Permit

:t (NW 39)
ark
?c,cc River
Iwy 107
?'' ••_'' ?•. '^ EXISTING ROAD CROSS' NGS (Y's
--/70 t do 2)
L.F. AVA;LACLE FOR F?STGRATION
\ (ItiCLUCING SECT1CN EETkE N P;PES)
l

This reap shows the areas on
site (220 linear feet) that are
suitable for channel restoration
as a form of compensatory
mitigation for necessary channel
impacts on site.
Usk
;Cgec ILiVC1-
Iwy 107
03i 29/ 2eO5 15:21 E642609038 JWES BELK PAGE 02
(j) Owners and"buildOrs are encouraged to use subsurface storage if a 3-day
maximum draw-down poriod,is net possible for surface storage facilities.
(k) Owners are highly encouraged to irsmll rain barrels at the end cf roof leaders to
collect and store roof top runoff for rcu;c such as lar.dscapc irrigation or slow-
release to an infiltration measure.
5.3 Setback3
Unless specified differently in the Rc.-trictive Covenans, the following aro tha mi?,bnum
setback requirements for all Property/Units:
w?raD.nce Dai'v Rowiaw Cwldchm 9 I:.l111120r3
(a) 23 feet from the Property/Unit line along the road uniess shown otherwise on
the property plat.
(b) 25 feet from road right-of-way lines unless shown otherwise on the property
plat.
(e) 35 fact ffom tht roar Propotry/Unlt lino unless shown otiwwis>a on tho property
plat.
(d) 15 fzcr from the aide PropertyfUnit line unless shown otherwise on the property
plat.
(a) 50 feat frorn the Tuckasscgea-3tivzr and 30 fed from all othcr-strcarns, ponds
and wetlard!. In additio-i to governmental delineation, wetland boundaries
shall be defined and observed by the Owner, Designer and Builder according to
the DRC.
5.4 Limits of Disturbance and Protection or Existing Vegetation
The Owner/builder is required to delineate a "Limits of Disturbance" line on the plans to
Hdicatc the ?-xtcnts of disturbance to existing vegetation and topography.
(a) No disturbance shall occur outside of the approved Limits of Disturbance line.
(b) Site d:st.trbance shall not extend more than 15' beyond the front are rear
setback lints (toward the property fires) nor extend more than 5' beyond the
side setback linty (toward the property lutes.)
(c) Disturbance within the minimum setback 'limits shall be restored per methods
and plans approved by the DRC.
(d) There shall be no disturbance within 30 fxt of any stream channel Cr wcfland,
including, but not limited to, grading, oxcavatien, fill, alteration of existing
vegeKaticn and ballding of structures. In addition to governmental delinc3lior.,
wetland boundaries shall be defined and observed by the Owner. Dc.cigncr and
Guilder according to the CiRC.
(e) There shall be no disturbance to the flow of water in any stream channel,
including, bui not limited to, diversion and pumping.
(f) r1t the discretion of the DRC, ttccs within or adjacent to the Limits of
Disturbancc shall be assessed by a professional arhorist For acti%c tree
preservation measur:s. The arborirst's.assessment report and rxommestdatio-is
1hAll inf-00dr. an imnlcmentation schedule and be submitted to the :;RC for
4
1. • _
s 4
e
4

US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson Mecklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell Mitchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Rutherford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
Wetland and Natural Resource
Consultants, Inc.
March 30, 2005
WNR, Inc. Project P-1000
D
D
5
U.S. Army Corps of Engineers AtWATE
Asheville Regulatory Field Office DETY
Attn: Mr. Dave Baker iO
BH
U
151 Patton Avenue, Room 208 APR 8 2005
Asheville, North Carolina 28801-5006 DI:?rR WA
t 1Ur,?s?,rosToMi TEW
RE WaterDance D
404/401 Nationwide 39 Permit Application APR 8 2005
Jackson County, North Carolina
DENR - WATER
Dear Mr. Baker: I ` ADS AND STORWX AL BAN
The purpose of this letter is to request written authorization for stream channel
impacts by T&T Properties under Nationwide Permit 39 for the project known as
WaterDance in Jackson County, North Carolina. The developer has already completed
five permanent (and one temporary) channel impacts associated with the construction
of road crossings (NW 39) and the flooding of an aesthetic pond located above one of
the road crossings (NW39). Other proposed impacts include permanent channel
impacts associated with two proposed road crossings (NW 39). Existing roads and
road crossings were and will be used to minimize impacts.
The attached USGS topographical maps show the location of the project. Impacts are
shown on the attached site plan map and inserts. Hard channel impacts will total 210
linear feet under Nationwide Permit 39 for the construction of seven permanent road
crossings to facilitate access to the property (140 linear feet already constructed and 70
linear feet proposed). Channel flooding will total 50 linear feet under Nationwide
Permit 39 for the construction of a small aesthetic pond located along the main
entrance road. There were existing culverts at all of the road crossings. These pipes
were undersized for the flow regimes present in these channels, and some were buried
with sediment.
Six other existing road crossings on site, totaling 220 linear feet, will be removed and
restored as requested according to the attached Channel Restoration Plan. These
existing impacts are associated with old logging roads found on the property.
Restoration efforts will have oversight by WNR staff to ensure proper techniques are
Newton Office
PO Box 224
Newton, NC 28658
828,"465,63035
828j-465-"3050 Fox
www.wndnc.com
Clyde Office
217 Paragon Parkway, # 142
Clyde, NC, 28721
828-&627 X0051
828 "627 0052 Fax
www.wndnc.com
utilized. Pictures of existing conditions are attached, and pictures of the areas will be
submitted to your office once restoration work is complete.
Enclosed is an excerpt from the Covenant and Restrictions document for WaterDance
that outlines a 50' buffer along the Tuckaseegee River and a 30' buffer along all other
streams, ponds, and wetlands. There is to be no disturbance within these buffers.
Compensatory mitigation for the 260 linear feet of stream impact will be accomplished
through the on-site restoration of 220 linear feet of stream, preservation of 24,343
linear feet of stream, preservation of 0.196 acres of wetlands, and 34.47 acres of
stream/wetland/pond buffers. No mitigation is proposed through the Ecosystem
Enhancement Program since we determined that there was additional linear footage of
stream that could be restored on site.
The following is a summary of the jurisdictional stream and wetland impacts and
proposed mitigation:
Project Site Data
-Total Project Area:
425 acres
jurisdictional Waters of the US /Jurisdictional Wetlands
-Streams: 25,073 linear feet
-Wetlands:
Jurisdictional Impacts
-Pipe Extension Impacts (NW 39) (completed):
-Pipe Extension Impacts (NW 39) (proposed):
-Flooding Impacts (NW 39) (completed):
-Table of Impacts (seen in PCN)
-Total Permanent Stream Impacts:
-Total Permanent Wetland Impacts:
0.196 acres
140 linear feet
70 linear feet
50 linear feet
260 linear feet
none
Table of On-Site Mitigation Activities (Tyr)es and Locations)
-Channel Restoration A: 70 linear feet
-remove existing impacts I & 2 on UT to Grassy Creek
-Channel Restoration B: 30 linear feet
-remove existing impact 3 on UT to West Fork Tuckasegee River
-Channel Restoration C: 60 linear feet
-remove existing impacts 4 & 5 on UT to West Fork Tuckasegee River
-Channel Restoration D: 60 linear feet
-remove existing impact 6 on Grassy Creek
-Buffer A: 6.78 acres and 2,952 linear feet of streams
-50 foot buffer on both sides of West Fork Tuckasegee River
-Buffer B: 6.69 acres and 5,829 linear feet of streams
-50 foot buffer on one side of West Fork Tuckasegee River
-Buffer C: 2.54 acre and 3,681 linear feet of streams
-30 foot buffer on one side of Grassy Creek
-Buffer D: 16.37 acres and 11,881 linear feet of streams
-30 foot buffer on both sides of all other channels on site
Summary of Mitigation:
-Avoidance:
-Total Streams Avoided: 24,343 linear feet
-Total Wetlands Avoided: 0.196 acres
-Preservation (On-Site Restrictive Covenants):
Jurisdictional Streams: 24,343 linear feet
Jurisdictional Wetlands: 0.196 acres
-Stream Buffers: 32.37 acres
-Pond Buffer. 0.10 acres
-Compensation
-Channel Restoration (On-Site) 220 linear feet
-Total Stream Preservation: 24,343 linear feet
-Total Stream/Wetland Buffer Preservation: 32.47 acres
-Total Stream Restoration: 220 linear feet
-Total Wetland Preservation: 0.196 acres
See the attached site plan sheets for impact and restoration locations. All streams are
considered to be either perennial or intermittent and important in aquatic function.
Typical data forms for the streams and wetlands on site are included within this
application for your reference. The North Carolina Division of Water Quality (NC
DWQ) classifies the West Fork Tuckasegee River (below Thorpe Dam) as WS-III, B, Tr;
all unnamed tributaries to the West Fork Tuckasegee River receive the same
classification. Grassy Creek is classified as WS-III; all unnamed tributaries to Grassy
Creek receive the same classification.
Since the developers realized that they were in violation of federal and state water
quality regulations, all parties involved have worked closely to further minimize channel
and wetland impacts to the greatest extent possible and have utilized most of the
existing road infrastructure on site. As an avoidance and minimization measure the
developer has agreed to utilize arched spans or bridges at all remaining stream
crossings.
If you have any questions concerning this proposed action, please call.
Sincerely,
Neill Yelverton
Cc: Cyndi Karoly, NC Division of Water Quality (6 copies)
Kevin Barnett, NC Division of Water Quality (I copy)
David McHenry, NC Wildlife Resource Commission (I copy)
'33;.S;1d15 .1:.'1 dc-;1t09L;3_+ :Kc EELe

P,W F -J.

•tland and Natural Resource
Onsulunta. InO.
Department of the Army
Wilmington Dntrlct, Corps of r-%ir>C-s
Attn: KCf1 JVIcY, Cttki Rt7ulamy Divi acn
PO t3= low
Nr1kNn=n, North Carolina 28402-1090
-Mnd
INC Dlvl-*n of Wt for Qualtty
Aitr'r: Cyndi Karoly
2321 Crabtree 0fvd.
flzL oqh, North Carr tlia 27601-2260
1, the current landowner of the property itlCrttifled b6ow, heretry authorlre Watland and f ,-Weal
l OMI'M C01124311ts, Inc. to act un my bJWIf as my C4= dunnq 1118 prx=ln0 of permits tD
Imp= wcMt % and W= m of"u5 that are requlstad by the CIz3n water Act and the
FLNcT3 and Kairbors Att.
f-edcrnl and State iSrrirltS are authOnzcd to tr can Sad propcM when 3=m;3anlod try Wetland
end Hatutal Ra,aur=Con$Ldtarvi:2., Inc. Staff.
Wetland and Natural Resource Convd anti, Inc, Is audwrized to pravlde supplramentni
Inform3: on r14Cded for permit pr?np at the requeY. of bile corps or DWQ,
Proporty OWMW of Record: i ?rt? le ti -T., c _
AddrCn:
Add=s - ^r sa`n' y a cL _
Addrew:
Phone Nwnbe(:
Prvptyty Locatldn: - ? y of
Ownera !4vtum: --
Date:
Okwfti
PO Box 224 wnrtinc.com 217 Psn,,on Pgrkway, 4142
Nrrwwn. NC 2.U33
Clyde. NC 28721
02aI65-LOTS C]E4P43- JI
82H•465 TdSO Fat 1 1128-e43-6W2 Fvx
Name: GLENVILLE Location: 035.2097599O N 083.1321795O W
Date: 4/5/2005 Caption: WaterDance Vicinity Map
Scale: 1 inch equals 4000 feet
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7-7
-1960
5°W
Name: GLENVILLE Location: 035.2282653O N 083.1435568O W
Date: 4/5/2005 Caption: WaterDance Boubdary
Scale: 1 inch equals 800 feet
05059 6
WaterDance
Stream Restoration Plan
Jackson County, North Carolina
March 30`'', 2005
Prepared by.
J ?Ij

Executive Summary
The Developer of WaterDance (T & T Properties, LLC) proposes this restoration plan as
an outline for plan to remove existing road crossings on-site and to restore the stream
channel and adjacent riparian buffer areas. All work will take place on site using natural
channel design techniques. Proposed activities will occur at four locations on site. The
plan, as outlined within this document, serves as guidance for the proposed restoration.
Restoration will be:
• removal of road crossing with fine grading, if necessary
• removal of pipe from stream channel
o removal of rip-rap from both ends of pipe
• allow stream flow through channel
• creation of aquatic habitat using rock and large woody debris
• stabilization of stream bank with fine grading, if necessary
o addition of topsoil as necessary
• re-vegetation of stream banks as riparian buffers
o temporary and permanent seeding schedule as shown below
o plant list shown below
The restoration of the area will have oversight by WNR, Inc. staff to ensure proper
techniques, ensure success, and to propose alterations during the restoration process if
necessary. Restoration success will be measured in terms of stream aquatic life and
stream buffer plant survival.
Construction Plan and Specifications
The restoration process will begin with the removal of all the dirt used in the road
crossing. Then the pipe, rip rap, and any other stream implements will be removed. All
attempts will be made to recreate the channel and stream bank slopes and angles as they
were on the site prior to disturbance.
At this point we will begin to harvest on site materials to be used in the restoration
process. Materials such as topsoil, vegetation, and rock will be harvested on site during
other construction activities from areas of similar slope and aspect.
On site, natural rock will be used in the restoration of natural aquatic habitat in the
stream channel. Large woody debris also harvested on site will be used as an amendment
to the stream channel to create natural aquatic habitat
Once the stream is restored focus will move on to the stream banks. Topsoil harvested
on site will be added to the stream banks at a minimum depth of six inches. No soil
amendments (fertilizer) will be added in order to keep the system as natural as possible
and to prevent any excess nutrient runoff into the stream. Fine grading will be used when
necessary to recreate side slopes and micro-topography will be used for soil stabilization
and to minimize runoff.
Planting Plan and Specifications
The slopes will be planted with the appropriate species once the construction is complete
in order to recreate the natural riparian buffers that were once there. Rosebay
Rhododendron will be planted densely along the stream channel to provide shade, woody
debris, and to mimic the natural system present on site. Rosebay Rhododendron and
Dog-Hobble will be planted at a dense ratio toward the outer edge of the stream buffer
to minimize re-colonization by invasive exotic species and mimic natural conditions on
the site. (A listing of species is found below, additional species may be selected as
needed, due to availability and site need.)
In the rest of the area, trees and shrubs will be mixed and the planting arrangement will
be on 10 X 10 foot spacing, which will result in 436 stems per acre. Tree shelters may be
used to accelerate growth and increase survivability.
All permanent vegetation will be harvested on site to ensure they are suitable native
species. During other construction, vegetation from similar slope and aspect will be
harvested. This vegetation will be properly excavated and prepared for transport in
order to minimize damage and ensure survivability. These plants will then be planted in
the riparian buffer zone. This procedure will occur this fall/winter after the sap is down,
in order to reduce transplant mortality. Contractor will assure percolation of all planting
beds/pits prior to installation. Large trees will be anchored into the ground as necessary.
The objective will be to mimic most of the natural buffer that is on site, which is mainly
composed of shrubs and trees. However, winter rye will be used initially as a temporary
planting to aid with soil stabilization.
Woody Vegetation
Rhododendron maximum
Leucothoe fontanesiano
Tsuga canadensis
Uriodendron tulipifera
Fogus grandifolia
Acer rubrum
Quercus rubra
Plant Material Specifications
Rosebay Rhododendron
Dog-Hobble
Eastern Hemlock
Tuliptree
American Beech
Red Maple
Red Oak
Bare Root or Container (Herbaceous):
The plants will either be ordered as bare root or in I -quart containers. Plants will be
planted immediately upon delivery. Plants will be stored in shade and kept moist
otherwise. Once planted, the specimens shall appear healthy with no leaf spots, leaf
damage, leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on
leaves or stems.
Balled and Bagged ()8toody Plants):
The size of the earthen ball shall at least meet the minimum requirements in the
American Standard for Nursery Stock (1980). Where plants are to be planted in
saturated soils, the bagged root ball shall have a surface diameter that is at least '/z of the
diameter of the un-pruned drip-line and a depth that is at least 8" per 5' of tree/shrub
height The hole for the tree/shrub will be the rootball diameter plus 12" around the
outer edge. The crown of the rootball will be placed I" above finish grade.
Plants will be planted immediately upon delivery. If this does not occur, plants shall be
stored in shade and root balls kept moist through periodic watering until the time of
planting. Once growing, the plants shall appear healthy with no leaf spots, leaf damage,
leaf discoloration, chlorosis, leaf wilting or curling, or evidence of insects on leaves.
Container (Woody Plants):
The soil within the root ball shall be field capacity (1/3 atmosphere) or wetter upon
delivery to the job site. Any wilted, dry and/or lightweight plants shall be rejected. Plants
shall be planted immediately upon delivery. If not then they must be stored in shade and
root balls kept moist through periodic watering until time of planting.
The shrub species will be either 2' to 3' or 3' to 4' in height. The tree species will be 8'
to 10' for the Red Maples and 7' minimum for the Willow and Sycamores. Soil and root
masses must at least meet the minimum required container size. If soil/root masses are
substantially smaller, soil around the root mass is loose, indicating the plant has not been
in the container long enough to root itself, it shall be rejected.
If growing, plants shall appear healthy with no leaf spots, leaf damage, leaf discoloration,
chlorosis, leaf wilting or curling, or evidence of insects on leaves.
For trees and shrubs, where spiraling woody roots exist on the outside of the soil/root
mass upon the removal of plants from the containers, the landscape contractor shall
separate (cutting where necessary) and spread them out prior to planting.
Planting Specifications
All areas between shrubs/trees will receive 3" of mulch. The contractor will assure
percolation of all planting beds/pits prior to installation. Large trees will be anchored into
the ground with a 'Duckbill' Model No. 88-DTS-0 earth anchors or approved equal.
Evergreen trees will be anchored with three 2"x2"x8' evenly spaced stakes and tied with
recycled tire tree ties as manufactured by Grostrait or approved equal to promote a
straight growth pattern and prevent wind impacts.
Fertilization
Woody Vegetation:
Fall/Winter plantings-Use Osmocote 18-5-11, twelve to fourteen month release fertilizer,
to be placed in hole or in soil fill/amendment mix at planting. Use grams (I ounce) per I -
quart container, 90 grams (3 ounce) per 1-gallon container (30 grams per each additional
gallon). Use 15 grams (I ounce) per un-rooted cutting for willow whips (if used).
Soil Amendments:
Soil amendments are required around tree and shrub plantings. The amendments used
should be leaf or pine bark compost at rates of one part compost to one part soil (from
planting hole). Fertilizer should be mixed in with soil amendment mix. No surface mulch
is required where plants are planted at or near original grade, unless tree shelters are
used to promote growth and survival percentage. A 6" soil berm will be constructed 12"
from the outer edge of the rootball to hold water.
Timetable for Restoration
The stream restoration project will likely begin this summer. Once the infrastructure
within the areas proposed for restoration has been completed, the restoration work will
begin. The following timetable is presented for restoration work once the road removal
is complete. Ranges are given below to allow for rain days and other unexpected delays.
0 2-4 weeks to remove exitsing impacts and open channel
o Remove road fill, culverts, riprap, etc...
o Flow will be in channel bed once the impacts are removed
0 1 week to restore stream channel
o mimic surrounding pattern, dimension, and profile
o including placement of rocks and woody debris
0 I week to restore the stream banks to original condition
0 I week to install the vegetation
Depending on weather conditions, the restoration work can be completed within one
month. Photographs will be taken and forwarded to the Army Corps and NC DWQ
offices once all restoration work is completed. Please contact WNR staff to accompany
you and to schedule a site inspection if desired.
Potential Sources For Plant Material
Herbaceous Material:
Niche Gardens
I I I I Dawson Road
Chapel Hill, NC 27516 [phone]
We-Du Nurseries
Rt. 5, Box 724
Marion, NC 28752 [phone]
Shrub Material:
Campbell's Nursery Carlton Campbell
2816 Campbell Road
Raleigh, NC 27606 (919) 851-1 162
Cure Nursery Bill or Jennifer Cure
880 Buteo Road
Pittsboro, NC 27312 [phone]
Fern Valley Farms Tom Clarke
1624 Fern Valley Farm Road
Yadkinville, NC 27055 [phone]
Tree Material:
NC Division of Forest Resources
Edwards Nursery
701 Sanford Drive
Morganton, NC 28655 [phone]
Tree Shelters:
Treessentials Company
2371 Waters Drive
Mendota Heights, MN 55120-1 163 800-248-8239
Tire Tree Ties:
Grostrait [phone]
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