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HomeMy WebLinkAbout20050596 Ver 1_COMPLETE FILE_20060301• F W A TF ,4 01,10 QG Michael F. Easley, Governor r William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p -? Alan W. Klimck, P.E. Director Division of Water Quality March 22, 2006 DWQ Project # 05-0596.Version 3 Jackson County Theodore C. Morlock T & T Properties, Inc. 1202 North Main Street Anderson, SC 29621 05.?? Subject Property: Water Dance Developement ?,??, ?? LJ U c 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 impound an additional 50 linear feet of streams for the purpose of fire protection at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on March 8, 2006. 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 (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 culverting 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: 919-733-1786 /FAX 919-733-6893 / Internet http•//h2o.enr.state.nc.us/ncwetlands NoonLCarolina Natural An Equal Cpportun4/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper T & T Properties Page 2 of 6 March 22, 2006 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 20 (feet) #3 Stream 20 feet #4 Stream 20 feet #5 Stream 20 feet #6 Stream 30 feet #7 Stream 40 feet #8 Stream 50 (feet) #10 (impounding) 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 Notification. All construction activities, including the design, installation, operation, T & T Properties Page 3 of 6 March 22, 2006 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. 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/ncwetiands/strmgide.htm1). 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: T & T Properties Page 4 of 6 March 22, 2006 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 46 .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. T & T Properties Page 5 of 6 March 22, 2006 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 (NCG010000) 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.-Ah2o.enr.state.nc.us/su/Forms 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. T & T Properties Page 6 of 6 March 22, 2006 13. Deed Restrictions Deed restrictions 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. 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. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. T & T Properties Page 7 of 6 March 22, 2006 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 AW K/khb Enclosures: GC 3402 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: Jackson County Planning Office USACE Asheville Regulatory Field Office DWQ 401 Central Office DLR Asheville Regional Office File Copy Central Files Filename: 05-0596.Ver3.WaterDance.approval Re: 05-0596 version 3 approval letter Subject: Re: 05-0596 version 3 approval letter From: Kevin Barnett <Kevin. B arnett @ ncmail. net> Date: Tue, 28 Mar 2006 13:57:30 -0500 To: Bev Strickland <bev.strickland@ncmail.net> CC: Ian McMillan <Ian.McMillan@ncmail.net> Application # 3 was for an additional 50 feet of impact. On the cover page, it says "impound an additional 50 linear feet of streams ." Certification Item #2. includes all of the impacts, not just the additional 50 feet referred to on the cover page. --Kevin Bev Strickland wrote: You have 50 feet of stream approved on page 1 and 300 on page two is there are reason for the difference? Thanks Bev Kevin Barnett - Kevin.Barnett@ncmail.net 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: 828-296-4500 Fax: 828-299-7043 Kevin Barnett <Kevin.Barnett@ncmail.net> NC DENR - Asheville Regional Office i Division of Water Quality - Water Quality Section 3/28/2006 2:02 PM o5-Gsl ? Wetland and Natural Resource Consultants, Inc. February 27, 2006 NCDENR-Division of Water Quality Attn: Ms. Cyndi Karoly Mail Service Center 1650 Raleigh, North Carolina 28699-1650 RE: WaterDance/River Rock 401 Permit Application Jackson County, North Carolina L? 1 ZOOS 1,4 AR CJ', iY C i it tiff Er ,:H Dear Ms. Karoly: The purpose of this letter is to request written authorization for an additional 40 linear feet of stream channel impacts by T&T Properties under Nationwide Permits 39 and North Carolina General 401 Water Quality Certification 3402 for the project known as Water Dance/River Rock in Jackson County, North Carolina. The developer has already received approval for impacts on the site totaling 260 linear feet (Corps Action ID 200531580 / DWQ Project # 05-0596). This permit application is requesting impacts for 2 new road crossings and it reduces impact at two previously permitted road crossings. These crossings are in a new section of the WaterDance development known as River Rock. Existing roads and road crossings were used to minimize impacts, and pipes will be upsized to handle the flow regimes present in these channels. This permit also requests approval from DWQ of a small impoundment previously requested and not approved by DWQ (this impoundment was approved by USACE). Enclosed with this application is a letter from Richard Frady of the Cullowhee Fire Department requesting that a dry hydrant be installed in the pond. The pond will supply grater to the Cullowhee Fire Department in the event of a fire. It is the opinion of Mr. Frady that the additional source of water will provide a benefit to public safety and the welfare of the community. Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fox 1 828-648-8802 Fox The attached USGS topographical maps show the location of the project. Impacts are shown on the site plan map. Hard channel impacts will total 250 linear feet under Nationwide Permit 39/GC 3402 for the construction of nine permanent road crossings to facilitate access to the property. Channel flooding for the construction of a small pond to be used by the Cullowhee Fire Department will total 50 linear feet under Nationwide Permit 391GC 3402. Mitigation is proposed in the form of stream restoration of 220 linear feet of on site stream channel, and preservation of buffers along 24,303 feet of remaining channel. This is 1:1 compensatory mitigation for 220 feet of impacts and 300:1 preservation for the remaining 80 linear feet of impact. Six previously existing road crossings on old logging roads on site, totaling 220 linear feet, have been removed and restored according to the Channel Restoration Plan outlined in the original permit. Restoration efforts have been completed at all six locations and are documented in the enclosed Channel Restoration Completion Notification. Also included in that letter are the restrictive covenants that protect the remaining streams, wetlands, and buffers. 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: 0.196 acres Jurisdictional Impacts -Pipe Impacts (NW 39) (in place): 140 linear feet -Pipe Impacts (NW 39) (proposed): 110 linear feet -Flooding Impacts (NW 39) (in place): 50 linear feet -Table of Impacts (seen in PCN) -Total Permanent Stream Impacts: 300 linear feet -Total Permanent Wetland Impacts: none Newton Office Canton Office PO Box 224 wndnc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 2 828-648-8802 Fax Summary of Mitigation: -Avoidance: -Total Streams Avoided: -Total Wetlands Avoided: -Preservation (On-Site Restrictive Covenants): -Jurisdictional Streams: -Jurisdictional Wetlands: -Stream Buffers: -Compensation -Channel Restoration (On-Site) 24,303 linear feet 0.196 acres 24,303 linear feet 0.196 acres 32.31 acres 220 linear feet -Total Stream Preservation: -Total Stream Buffer Preservation: -Total Stream Restoration: -Total Wetland Preservation: 24,343 linear feet 32.31 acres 220 linear feet 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 W5-III, B, Tr; all unnamed tributaries to the West Fork Tuckasegee River receive the same classification. Grassy Creek is classified as W5-III; all unnamed tributaries to Grassy Creek receive the same classification. Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 3 828-648-8802 Fax If you have any questions concerning this proposed action, please call. Sincerely, Rebekah L. Newton Cc: Kevin Barnett, NC Division of Water Quality (1 copy) Newton Office Canton Office PO Box 224 wnr nc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 4 828-648-8802 Fax CULLOAWHEW FIRE DEPARTMEN7, INC. 4277 LITTLE SAVANNAH ROAD P® BOX ?47® CULLO@ HEE f!C 28723 Phone: 323-293-5867 Fax: 823-293-7104 E-iUiail:CJFD2@mchsi.com T chi T Properties 1202 Forth Main Street Anderson, SC 29621 Attention: Traverse Foster Dear Traverse Foster, Thank you for taking time to meet with us last week at Waterdance. It was good to share your desire to have a safe community both at the development and the surrounding community. The water point we looked at will be a great benefit for the public safety and the general welfare of the public in the event there is a fire in the area. With this letter we the Cullowhee Fire Department is requesting a dry hydrant be installed in the pond with the access we discussed, and any other location that you think would make a good water source be made accessible (not all will need a dry hydrant just enough room to get a pumper truck near enough to draft water). If you have any questions or need additional information please call. Again thank you for your interest in our community. Thank you, Richard Frady Chief Cullowhee Fire Department Officers of the Cullowhee Fire Department are: Richard D. Frady Chief, Tim Green I" Assistant Chief, W T Frady 2° ? Assistant Chief, Danny Lewis Training Officer, Chet Stephens Equipment Officer David Walker Assistant Equipment Officer, Dustin Ashe Assistant Equipment Officer, Terry Ashe Treasurer, Lynn Ashe Chaplain, Mickey Luker Secretary, Tim Grindstaff Safety Officer, and Baxter Nicholson Traffic Officer. 03; 13i 2305 12:51 3642609039 J;J+IES EELX PAGE 01 j, t rr Welland and Natural Raeource Consultants, Inc. Department of the Army Wllmingmn CL-tr'tr t:, Corps of Engine= Attn: Ken Jolley, Chief Regulatory Guidon PO Box 1690 Wilmin=n, Nortn Carolina 2S Q2-1 90 -and NC Clvl;icn of Water Qua It,/ A=: C,Tidl Karoly 2-421 Crattrea Blvd. RWeigh, North Carolina 27604-2260 o'+ I, tM2 current landowner cf tMe prc=rty i=M fled tebw, hereby atxhcnze Wetland and NMral Roue. Consultants, Inc. to = on my behalf as my agent during than prc=.dng of permit to Impact Wet1„rds and Wa=. -. of the :1S that are reqUctc I by the Goan water Act and tha River; ;and Harbors Att. Fed€rcl and State 2G= arc aud,onzed to to on said property wnen aC=cmpanlad by wetland and Natural R=urca Consuitsnta, Inc. =1Y. Wetland and Natural Rewun=Cwt ultants, Inc. is authorL:ed to provide :upalcxrt l InftnT=cn needed For permit prcc=ing at dto request of tha corps or DWQ, Property Owner of Record: ?_ J ?l + Q nose `T Addram ,address: SC Address: Phone Number: ? ??\_ Prcprrty LccatiCn: C_ Owners Signature: i NeWW CJi" jlee PO 9cx 224 wnrinccarn 217 Nr,4pon Parkway, 4142 Nawto,i, NC 28658 Cycle. NC 20721 02111.465-3035 423.648-= I U"Z8.46S-9050 wax 1 IM-648-8x02 wax ? GVP ??? _ Ct1 W _ i c-aia M Gh ' 1:::_ '•J ?.`. ' ' t 'Cedar v r roo _j f - B own Mtn r CwtG,o / r i ?.?. w M t, Q'- A fd°uRt -in4 f? h J 8d. iv& C I 1 f \ Plot Mvi _ti f L e - J? Zwt, J \ "" 2 ltv 4 1 ? l i _ ^i' - ?_/ ! fl;?cert ? _ 1? ?/ ?? ?/ r • ?. - LIU. Miobtf rs„ot, % 4 'T, 6h" Mtn Mtn w o ? \, t t "°? I t ?? m?Ai gar` - A" 10 4? ? l ,-- •? / ?. 1 ?_! r ,?? ' ,/ i tai,' ? _ _ ` '?. ?( ? t ...s. ??. - F_ ? L + . I2 - i ' S I`\ l ~ , ? /r + ':; 1 I 0/ N.-- I 1• y r _ r R tU-aker ' 1 - A V t 4? _ ?If Knob r i r ?( )-_ wlddr_ GaP' L the Goy Mtn y - - I O n NtrtJ T - t - ? Mtn: I{I{ ? F Pat toy. :1 ?> 1? Lk 1.1tn . 1 Knob! I 1V 1 w? r .?-- ?'?1f .art cbl ?a Plnnf C4ff - ? -?_ .? Atn( rw,? -a t. t 1 1. 4 r. - J :3 S Name: GLENVILLE Ptjf,.t ! f fj0 5 Location: 035.2097599O N 083.1321795°W Date: 4/5/2005 Caption: WaterDance Vicinity Map Scale: 1 inch equals 4000 feet CENR DUALITY 1'TTUf:^?N DSTC,- f',7TERE?A 1i j 4 u t r •i _ r .. 4 _ i - fA yS, ?ru ry r - ? f ? • ?` _ ? f :' ._ .. ? i . t ? '? - is _ ? _ 21 A W , F -_ m. . w 3' Li Own "L 9 a4• } f it - ' i c f .c .? t rl; - 1 _ - kf . Name: GLENVILLE Date: 4/5/2005 Scale: 1 inch equals 800 feet ? rij r,ihR ? %ocs - ;'.).I LLR QUALITY Location: 035.2282653°N 083.1435568°W Caption: WaterDance Boubdary L=u`v=t AR 1 2006 DfUncW uge uuiy: y Form Version March 05 USAC u Action D N®. D;;VQ ING. 3 G S 0 S c1 1 1o (If any particular item is not applicable to this project, please enter "Net Applicable" or "N/A".) 11. P1racemiug 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 C=dficaticn 2. Nationwide, Regional or General Permit Number(s) Requested:NWP 39 for both completed and proposed road crossing impacts and for channel flooding 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 Infonna ioun 1. Owner/Applicant Information Name: TaT Pronerties Mailing Address: 1202 North Main Street, Anderson, NC, 29621 Telephone Number: 364-261-9001 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 Resourc° Consultants, Inc Mailing Address: PC Box 332 63 Ponlar Street Canton. North Carolina 23716 Telephone Number: 323-643-3301 Fax Number: 323-643-3301 E-mail Address: wnrinco-ol.com HL P2-3?ect Juloi ration gage 1 of 9 Attach a vieami ty map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed alto p9am 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 1VIZCS 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 USACB requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. I3INQ 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/RiverRock 2. T.I.P. Project Plumber or State Project dumber (-1CDGT Only): Not a DOT project 3. Property Identification Number (Tax PIN): Jackson Co. 47566-34-1695 4. Location County: Jackson Nearest Town: Glenville Subdivision name (include phase/lot number): WaterDance/RiverRock Directions to site (include road numbers/names, landmarks, ete.):Startina 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): 35.2309354°I*,T 33.1466796'W 6. Property size (acres): 425 7. Name of nearest receiving body of vvater: West Pork Tuckasegee River 3. River Basin: Little Tennessee (Mote - this must be one of North Carolina's seventeen designated major river basins. The River Basin reap is available at http://h2o.enr.state.ne.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: The site is forested. Describe the overall project in detail, inciuding the tyre of equipment to be ,used: This croiect is a residential development. Heaa, equipment will be used for construction. Page 2 of 9 Explain the purpose of the proposed =idonk: Eae project -Al provide a housing con nunity to the surrounding area. IV. ?rior ?ro jec t M"story 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 III Number, 1. WQ 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 asscciated mitigation (where applicable). If this is a MC DOT 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 DWO Noticti of Violation viere initially issued for pine replacements and extensions that occurred without a 404/401 permit. Corns and DWQ nennits were issues for March 30. 2005 application . Corps Permit Action M 200531530 was issued July 15, 2005 & UWQ Water Quality Certification project 4 05-0596 was issued June 3 2005. previously nermited imnacts were 260 linear feet, see attached uermit for details. V. 1' uture Pro, ect Playas Are any future permit requests anticipated for this project? If so, describe the anticipated worik, and provide justification for the exclusion of this wonk from the current application. All other stream crossings will be spanned or bridged. Va. ?rnpaserl Imp2c,13 to "Wa tem bit ?thc 3JnLeal stateoRfatam 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 snap, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be inciuded 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: All hard impacts -will result from Joining/fillinag the stream channel for road crossinf;-s• the majority occur at previously existing road crossings. T he small pond resulted from instillation of a riser nipe to one of the culverts at one of the road crossing Imnacts will total 250 linear feet of hard impact and 50 linear feet of flooding. Page 3 of 9 1. Individually list wetland impacts. Types of impacts include, but are, not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, senaratelw list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear ifect Area of Impact (acres) none Total Wetland Impact (acres) 2. List the total acreage (estimated) of all existing wetlands on the property: 0.1®6 3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are nct limited to placement of fill or culverts, darn 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 Tuclcasegee pipe extention perennial 3' 20 0.0014 42 Grassy Creek pipe perennial 6' 60 0.0033 43 UT to Tuclcasegee pipe extention perennial 4' 20 0.001g 94 UT to Tuclcasegee pipe extention perennial 3' 20 0.0014 45 UT to Tuclcasegee pipe extenticn perennial 2' 20 0.0009 #6 UT to Tuc kasegee pipe perennial 5' 40 0.0045 47 UT to Tuclcasegee pipe extention perennial 5' 10 0.0011 #3 UT to Tuclcasegee pipe extention perennial 5' 20 0.0022 49 UT to Tuclcasegee pipe perennial 5' 40 0.0045 410 UT to Tuclcasegee flood perennial 6' 50 0.007 Total Stream Impact (by length and acreage) 300 0.033 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Cc-,an and any other water of the U.S.). Open water impacts include, 'out are snot limited to fill, excavation, dredaina, flcedin--, drainage, bulkheads, etc. Cpen Water Impact Name aterbedy Type of Impact Type of Watertcdy Area of Site Number (if acolicable) (lance, mend. estuary, sound. bay, Ininn t Page 4 of 9 (indicate on man) ocean, etc. (acres) none Total Open Water Impact (acres) 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.04 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Maters of the U.S. (acres) 0.04 Total Stream Impact (linear feet): 300 6. Isolated 'Waters Do any isolated waters exist on the property? ? Yes Z 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 by installine 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, trout pond Current land use in the vicinity of the pond: forested Size of watershed draining 'to pond: 450 acres Expected pond surface area: 2409 say. ft. YII. Impact Justification (Avoi laiace and Mnnimizat ou) 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 Rivas developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts.Hard impacts are for road construction. and are necessary to access high ground for development of the site. Existing roads .-nd road crossings have been used to minimize impacts. The impoundment is proposed as an aesthetic }rout rond it is *,e oniv proposed impoundment on the site. There is no practible alternative on site for such an amenity as another location would require hard impacts for construction of a dam and -Mould also impede aquatic passage. This is the most logical and least Page 5 0 f 9 impactive lccation using the existing_road crossing as the dam. and placing the pond below a waterfall ,vhere aquatic passage is already ;Zaturally impeded. No practibie alternatives for a coed with minimal impact exist on site. Vit,11. i`V idgation 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.ne.us/ncwetiands/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 mid 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. The miti Ration elan is attached to the original permit, which shows restoration sites. On site stream restoration is comnle: enclosed is a the Stream Restoration Comnletion I?lotification. Also attached are the restrictive covenants which establish 'a. 30 foot buffer of no disturbance on all remaining streams ans wetlands. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that .!hey are will to accept payment for the mitigation must be attached to this form. For Paige 6of9 additional information regarding the application process for the NCEEP, check the NNCEEP website at http://h2o.enr.staie.nc.us/-,.wiT/index..',,itni. If use of the NI C EP is proposer, please checic the appropriate 'cox on page five and provide the following information: Amount of stream mitigation requested (linear feet): mount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Nlon-riparian wetland mitigation requested (acres):_ Amount of Coastal wetland mitigation requested (acres): III. ?T ?L Eav!rua mcntai Decumme atatcan (xequirr!d by IDWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? N TO 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 NT EPA/SEPA document is required, call the SEPA coordinator at (919) 733-5033 to review current thresholds for environmental documentation. Yes? NO El 3. If yes, izas 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 ? P3-agesed Imtpact, on Riparian anai y?Jaterrshed Bna'Tem (irequined by DWQ, ) It is the applicant's (or agent's) responsibility to determine, delineate and neap 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 reap, whether or not impacts are proposed to the buffers. Correspondence :iom the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NICAC 2B .0233 (Meuse), 15A MCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0213 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify____)? Yes ? No 2. If "Yes", identiPj the square feet and acrragc of impact to each zone of the riparian buffers. If buffer ritigation is required cslcuiate the required amount of mitigation by applying the buffer multioliers. Zone* Impact Multiplier Required (square :eet) itIiti aticn 1 1 3 (2 :per Catawba) gage 7 of 9 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., 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 .02-414, or .0260. None required ??L Stairm water (rcquirzd by I[DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface eaters and -wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious below 20%. MI. Sewage Disposnr1(Yequ?72d by D"VT(Q) 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. ,Q12. Vioinfl sus (required by 3DWQ) Is this site in violation of DWQ'Weiland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes El Ni o Z I. Ca?m??aflgiv?mmrpcs (eulu?°?s byDQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality, policy pasted on our website at http://h2o.enr.state.ne.us/nc;vetlands. If no, please provide a short narrative description: XI. Dthea Ca r??nmms a>ucWS (OPILO!Mai): It is the applicant's responsibility to submit the application suf iciently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints -associated with construction cr sequencing that may impose limits on ,7vonk schedules (e.., dravi-down schedules for lalces, dates -associated with Endangered and Threatened Species, aceessibilitVI problems, or other issues outside of the applicant's control). Page 3 of 9 Date (agent's signature. is valic -c' my if an authorization letter from the applicant is provided.) iap9of9 Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 217 Paragon Parkway, #142 Clyde, North Carolina 28721 Phone: (828) 648-3801 Fax: (828) 648-8802 Mobile: (828) 712-9205 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: WaterDance Date: 12/04 Applicant/Owner T&T Properties, LLC County: Jackson County Investigator. Neill Yelverton (WNR Staff) State: North Carolina Do normal circumstances exist on the site? Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (If needed, explain on reverse.) VEGETATION 1. 2. 3. 4. 5. 6. 7. 8. Yes Community ID: Channels No Transit ID: Channels No Plot ID: Channels 9. 10. 11. 12. 13. 14. 15. 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): N/A Remarks: HYDROLOGY X_ Recorded Data (describe in remarks) Wetland Hydrology Indicators: _ Stream, Lake or Tide Gauge Primanf Indicators: Aerial Photographs X Inundated Other X Saturated in Upper 12 Inches No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water. _0 - 60 (in.) Secondani Indicators: (2 or more required) Oxidized Root Channels in Depth to Free Water in Pit: 0 (in.) Upper 12 Inches Water-Stained Leaves Depth to Saturated Soil: 0 (in.) Local Soil Survey Data FAC Neutral Test Other (explain in remarks) Remarks: Various Centerline Averages, Unnamed Tributaries to/and Tuckaseegee River, Unnamed Tributaries to/and Grassy Creek WLdata.frmTTP-1000 Project #r -17P-1000 SOILS Map Unit Name (Series and Phase): Cullasaja sandy loam Taxonomy (Subgroup): Humic Dystrudepts Drainage Class: well drained Field Observations: field survey Confirm Mapped Type? Jackson County Soil Survey Profile Description: Depth Matrix Color Mottle Colors Mottle Texture. Concretions, (ins. Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 0-12 Al 10YR 3/2 10YR 4/2 moderate fine cobbly sandy clay loam 12-19 A2 10YR 3/3 10YR 4/4 moderate fine cobbly sandy clay loam 19-34 Bw 7.5YR 4/6 cobbly fine sandy loam Hvdric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil X Sulfidic Odor Organic Streaking in Sandy Soils ;C_ Aquic Moisture Regime _X_ Listed on Local Hydric Soils List ** _X_ Reducing Conditions Listed on National Hydric Soils List _X_ Gleyed or Low-Chroma Colors Other (explain in remarks) Remarks: Bottom of Streams Wetland Determination (yes or no) Hydrophytic Vegetation Present? N/A Wetland Hydrology Present? YES Hydric Soils Present? YES Is This Sampling Point Within a Wetland? YES Remarks: WLdata.frmTTP-1000 Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 217 Paragon Parkway, 4142 Clyde, NC 28721 Phone: (828) 648-8801 Fax: (828) 648-8802 Mobile: (828) 712-9205 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: WaterDance Date: 12/04 Applicant/Owner T&T Properties, LLC County: Jackson County Investigator. Neill Yelverton (WNR Staff) State: North Carolina Do normal circumstances exist on the site? Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (If needed, explain on reverse.) VEGETATION Yes Community ID: Vegetated Wetlands No Transit ID: Vegetated Wetlands No Plot ID: Vegetated Wetlands 1. Juncus spp. grass FACW+ 9. 2. Carex spp. grass FACW+ 10. 3. Alnus serrulata shrub FACW 11. 4. Salix nigra tree OBL 12. 5. Polygonum sagittatum herb OBL 13. 6. Arundenaria gigantea grass FACW 14. 7. Smilax spp. vine FAC 15. 8. Rubus spp. shrub FAC 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): - 90 % Remarks: HYDROLOGY _X_ Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water: _0 to 4_ (in.) Depth to Free Water in Pit: _10 to 14 (in.) Depth to Saturated Soil: _8 to 9_ (in.) Remarks: Wetland Hvdroloov Indicators: Primarv Indicators: Inundated X Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits X Drainage Patterns in Wetlands Secondanf indicators: (2 or more required) X Oxidized Root Channels in Upper 12 Inches X Water-Stained Leaves Local Soil Survey Data X FAC Neutral Test Other (explain in remarks) W Ldata. frmTf P-1000 Project # TTP-1000 SOILS Map Unit Name (Series and Phase): Cullasaja sandy loam Taxonomy (Subgroup): Humic Dystrudepts Drainage Class: well drained Field Observations: field survey Confirm Mapped Type? Jackson County Soil Survey Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 0-12 Al 10YR 3/2 10YR 4/2 moderate fine cobbly sandy clay loam 12-19 A2 10YR 3/3 10YR 4/4 moderate fine cobbly sandy clay loam 19-34 Bw 7.5YR 416 cobbly fine sandy loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil _X Sulfidic Odor Organic Streaking in Sandy Soils _X_ Aquic Moisture Regime _X Listed on Local Hydric Soils List ** _) Reducing Conditions Listed on National Hydric Soils List _X_ Gleyed or Low-Chroma Colors Other (explain in remarks) Remarks: Wetlands at Headwaters of Streams and Adjacent to Streams Wetland Determination (yes or no) Hydrophytic Vegetation Present? YES Wetland Hydrology Present? YES Hydric Soils Present? YES Is This Sampling Point Within a Wetland? YES Remarks: WLdata.frrnTTP-1000 Impact #110 =iccding impact fl' dsi:ina W Current 60' impact I? a f;? rr.y _.iJ al ?? r ?fcposed 1 ` 20' E; sOng ?40' Prqpcsad I ;0 :m pact - 0' Exisiing 80' Current -.?" 20' Imc2ct .T ? ? l 40' Existing 80' Current 20' lmp2ct F I C 40 Skiing 60' Current 20' impact R c 'MN 40' E.As ing 00' Current 20' Impact RC ,? (New) 0' ir;isung f0' ?rcpcsed -40' Impact RC 1' 00' E;tisiii.g 40' ?rcposad i0° ird pact MIR "S 05-0596 version 3 approval letter Subject: 05-0596 version 3 approval letter From: Bev Strickland <bev.strickland@ncmail.net> Date: Tue, 28 Mar 2006 12:31:50 -0500 To: Kevin Barnett <Kevin.Bamett@ncmail.net> CC: Ian McMillan <Ian.McMillan@ncmail.net> You have 50 feet of stream approved on page 1 and 300 on page two is there are reason for the difference? Thanks Bev 3/28/2006 12:32 PM Triage Check List Date: 3/06/06 Project Name: Waterdance - River Rock DWQ #:05-0596, Ver. 3 County: Jackson Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 3/01/06 to 5/01/06 From: Cyndi Karoly Telephone: (919) 733-9721 - ` 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 (Meuse, 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! \Sc G p: ?(( .,rll j Wetland and Natural Resource Consultants, Inc. February 27, 2006 NCDENR-Division of Water Quality Attn: Ms. Cyndi Karoly Mail Service Center 1650 Raleigh, North Carolina 28699-1650 RE: WaterDance/River Rock 401 Permit Application Jackson County, North Carolina Dear Ms. Karoly: The purpose of this letter is to request written authorization for an additional 40 linear feet of stream channel impacts by T&T Properties under Nationwide Permits 39 and North Carolina General 401 Water Quality Certification 3402 for the project known as WaterDance/River Rock in Jackson County, North Carolina. The developer has already received approval for impacts on the site totaling 260 linear f eet (Corps Action ID 200531580 / DWQ Project # 05-0596). This permit application is requesting impacts for 2 new road crossings and it reduces impact at two previously permitted road crossings. These crossings are in a new section of the WaterDance development known as River Rock. Existing reads and road crossings were used to minimize impacts, and pipes will be upsized to handle the flow regimes present in these channels. This permit also requests approval from DWQ of a small impoundment previously requested and not approved by DWQ (this impoundment was approved by USACE). Enclosed with this application is a letter from Richard Frady of the Cullowhee Fire Department requesting that a dry hydrant be installed in the pond. The pond will supply water to the Cullowhee Fire Department in the event of a f ire. It is the opinion of Mr. Frady that the additional source of water will provide a benefit to public safety and the welfare' of the community. Newton Office Canton Office PO Box 224 wnrinc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 1 828-648-8802 Fax The attached USGS topographical maps show the location of the project. Impacts are shown on the site plan map. Hard channel impacts will total 250 linear feet under Nationwide Permit 391CC 3402 for the construction of nine permanent road crossings to facilitate access to the property. Channel flooding for the construction of a small pond to be used by the Cullowhee Fire Department will total 50 linear feet under Nationwide Permit 391GC 3402. Mitigation is proposed in the form of stream restoration of 220 linear feet of on site stream channel, and preservation of buffers along 24,303 feet of remaining channel. This is 1:1 compensatory mitigation for 220 feet of impacts and 300:1 preservation for the remaining 30 linear feet of impact. Six previously existing road crossings on old logging roads on site, totaling 220 linear feet, have been removed and restored according to the Channel Restoration Plan outlined in the original permit. Restoration efforts have been completed at all six locations and are documented in the enclosed Channel Restoration Completion Notification. Also included in that letter are the restrictive covenants that protect the remaining streams, wetlands, and buffers. 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: 0.196 acres Jurisdictional Impacts -Pipe Impacts (NW 39) (in place): 140 linear feet -Pipe Impacts (NW 39) (proposed): 110 linear feet -Flooding Impacts (NW 39) (in place): 50 linear feet -Table of Impacts (seen in PCN) -Total Permanent Stream Impacts: 300 linear feet -Total Permanent Wetland Impacts: none Newton Office Canton Office PO Box 224 wndnc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 2 828-648-8802 Fax Summary of Mitigation: -Avoidance: -Total Streams Avoided: -Total Wetlands Avoided: -Preservation (On-Site Restrictive Covenants): -Jurisdictional Streams: -Jurisdictional Wetlands: -Stream Buffers: -Compensation -Channel Restoration (On-Site) 24,303 linear feet 0.196 acres 24,303 linear feet 0.196 acres 32.31 acres 220 linear feet -Total Stream Preservation: -Total Stream Buffer Preservation: -Total Stream Restoration: -Total Wetland Preservation: 24,343 linear feet 32.31 acres 220 linear feet 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. Newton Office PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax wndnc.com 3 Canton Office PO Box 882 Canton, NC 28716 828-648-8801 828-648-8802 Fax If you have any questions concerning this proposed action, please call. Sincerely, Rebekah L. Newton Cc: Kevin Barnett, NC Division of Water Quality (1 copy) Newton Office Canton Office PO Box 224 wnr nc.com PO Box 882 Newton, NC 28658 Canton, NC 28716 828-465-3035 828-648-8801 828-465-3050 Fax 4 828-648-8802 Fax CULL 3WHEE FIRE DEPART EN 7, M. 4277 L177L E SAVANNAH ROAD PO BOX 247® CULLOWHEEE NC 23723 Phcne:32&293-5867 Fax: 828-293-7104 E-,Mail:CVFDe--@mchc-l.ccm T & T Properties 1202 North Main Street Anderson, SC 29621 Attention: Traverse Foster Dear Traverse Foster, Thank you for taking time to meet with us last week at Waterdance. It was good to share your desire to have a safe community both at the development and the surrounding community. The water point we looked at will be a great benefit for the public safety and the general welfare of the public in the event there is a fire in the area. With this letter we the Cullowhee Fire Department is requesting a dry hydrant be installed in the pond with the access we discussed, and any other location that you think would make a good water source be made accessible (not all will need a dry hydrant just enough room to get a pumper truck near enough to draft water). If you have any questions or need additional information please call. Again thank you for your interest in our community. Thank you, Richard Frady Chief Cullowhee Fire Department Officers of the Cullowhee Fire Department are: Richard D. Frady Chief, Tim Green I" Assistant Chief, W T Frady 2°d Assistant Chief, Danny Lewis Training Officer, Chet Stephens Equipment Officer David Walker Assistant Equipment Officer, Dustin Ashe Assistant Equipment Officer, Terry Ashe Treasurer, Lynn Ashe Chaplain, Mickey Luker Secretary, Tim Grindstaff Safety Officcr, and Baxter Nicholson Traffic Officer. 03! 1 B! -005 12: 51 3642609638 J,2RES 3EL.K P903E 01 Wetland and Natural Resource S„9?tG. ; Consultants, Inc. ?"``M Department of the Army Wllmingten Cl-trirx, Corps cf Engines Attn: Kcn Jolley, Chlif Regulatory Division PO Box 1090 Wilmtng-tun, North Carolina 26402-IZ90 -and- NC Civizon of Water Qua IlVj A=: Cgidi Karoly 2321 Crabtrec Blvd. ;Rlcigli, North Carolina 27604-2260 I, the current landowner of the pro=rty idantifled betaw, hereby authcrize WLtland and Natural Rr ,qurct CcnsUltlnts, Inc. to dot on my bchalf as my agent during the prc=3ing of prmlits to Impac Wetl nds and Watxvs. of tte US twat are rerufatml by the Cann Water Act and ttt$ Rhes and harbors Act. Federal and Stata aga is arse authorized to be cn said property wnen a=cmpanlad by Wetland and Natural R=urce Consultants, InC. off. Wetland and Natural Resource Ccn:iWtants, Inc. is authorizers to plrnridc zu;sptemer,tul Inf'am,katicn needed fcr permit prcrossing at the reques., of tha Corps or DWQ. Property Owner of Record: Addrcss: Add== Address: Phona Number: "?Qy'k- ?C J Pruputy L=d.-n: /? e e a a C C`rmcm 619riature: Date: ?'% %.+?'/?J'-" Na me QAm dyne lice PO Sax 224 wnrinccom 217 Paraxan Parkway, x1142 Newton. NC =658 Cydo. NC M721 023-465-3035 0,234A0-Ot301 =-465-3050 Fax 1 aM-4148-002 Fwt ? rteaa -r _. ' ? _ ,JJ{? zma NO, _- r GJh t'\ IL / r `I -? ,t u._'171• l / } rJa vCh Knab ` I I ro P ? I 'r 1?7 % F3.nwrtMtn I 1 J / i 1 ?? , { - -? a / 1 'J` `lir - High 7cP •?.? S 1 ;-.. \ 1 - D?/?. I. -u ?. C It, .. ?JJa_.JF 1. ?u t(idP _ _ Y ? ?' ?I -? r??--•?t `? $i -r I` _. GtM» . _- =' d / .. r e,:' i it t '. ?,1.. ? ( « -; P,: MvT •-\G 1 ( (? ) /' .' o?'? ?" LCzzte- J.La ut12 - = ! ? m ?~ ,Pilot 11" ?I 1 / \ i ? .o? / •? \! l/ { 5 _ ( Lttb MM, ' f / E ,1Snob r -? , dN_ ?? / / _ - ,(„.pan:•:> - ` :1 eJ,itn?e acwe(- / ,, [. !?' _ 1 _ Go Mtn \lt J '7 1 ( - ?r IDa R4»' .. f.- -7 31 or a r I lw. Ir1i (,.'? A I L k is >a .? 7 ? ?-! " l -:/ yB a 4 .- } ?e k Knobs d`sgy t \ `_ ?? np ? ?t `Eawh ?_ r 1r 1 _ ?? ??.. ?y Ovon Mm, - ?-Mtn, . I I ctasyv.°c? ^ ?'' P=ottof 1 t. Mtn , ?- N? .« - ( _ ? -,-r_ ..ttamevrtclr •e\ ? I? Piney Clit - `. ` - ? ? > ''?? ??. % Name: GLENVILLE U'?A Location: 035.2097599O N 083.1321795°W Date: 4/5/2005 P -n 1 2005 Caption: WaterDance Vicinity Map Scale: 1 inch equals 4000 feet R r.l 1',LITY x, i • ,?? I • 1 I r i ' r ? ri .. CIS" f 9 - 1? S? - Y ,• ' ? I I ! ^?T ? .rte _..-.t / N I .. },. ' '."•' _?' jif l.. ` t 4 fi , I .1 f ' P f _ 97%4- 54 Ui-, , 7716 ,e P li ! 1 v 5. W Name: GLENVILLE Location: 035.2282653°N 083.1435468° W Date: 4/5/2005 Caption: WaterDance Boubdary - Scale: 1 inch equals 800 feet I'dAR P"ir R 1 2006 'Office Use oniy: Form Version March 05 U AECE Action ID Na. -No. U-t r 3 O 5 . _ O 5 1? ?, (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. P racessiag 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Kermit from DWQ ® 401 `Mater Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested:NW 39 for both completed and proposed road crossing impacts and for channel flooding 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: ? II. Applicant Information 1. Owner/Applicant Information Name: T&T Properties Mailing Address: 1202 North Main Street, Anderson, NC, 29621 Telephone Number: 364-261-9001 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 332 63 Poplar Street Canton, North Carolina 23716 Telephone Number: 323-643-3301 Fax Number: 323-6434301 E-mail Address: wnrinc@aol.com III. Pira, ect lulair m2tion rage i of 9 Attach a vicimity map clearly showing; the lccation of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed she p?an 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, cr other facilities must be included. If possible, the maps and plans should include the appropriate USES Topographic (quad Map and MRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACB 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/RiverRock 2. T.I.P. Project Number or State Project Number (NCDOT Only): Not a D®T project. 3. Property Identification Number (Tax PIN): Jackson Co. 47566-34-1695 4. Location County: Jackson Nearest Town: Glenville Subdivision name (include phase/lot number): WaterDance/RiverRock Directions to site (include road numbers/names, landmarks, ete.):Starting in Cullowhee. NC, head south on Hwy 107. Auorc. 10 miles south of WCU loolc 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): 35.2309354°N 33.1406796'W 6. Property size (acres): 425 7. Name of nearest receiving body of -water: West Fork Tuckasegee River 3. 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: The site is forested. Describe the overall project in detail, including the type of equipment to be used: This proiect is a residential development. ?eav?, equipment will be used for construction. Page 2 of 9 Explain the purpose of the proposed work: J "he nroiect dAnll provide a housing. cowmumty to the surrounding area. TV. 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 USAGE 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. Corns Notice of Unauthorized Activity and NC 1)WQ Notice of violation were initially issued for pine replacements and extensions that occurred without a 404/401 permit Corps and DIVQ permits weir. issues for March 30, 2005 application . Corps Permit Action I'D 200531530 was issued July 15 2005 & DWQ Water Quality Certification Project # 05-0596 was issued June 3 2005. Previously nermited impacts were 260 linear feet, see attached hermit for details. V. Future Pro, ect Playas Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this wont from the current application. All other stream crossings will be spanned or bridged. `1. Proposed Impne,13 to Watem of the United Statcs/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: All hard impacts will result from vining/fiiling the stream channel for road crossings; the majority occur at previously existing road crossings The small pond resulted from instillation of a riser pine to one of the culverts at one of the road crossing Imnacts will total 250 linear feet of hard impact and 50 linear feet of flooding. Wage 3 of 9 1. Individually list wetland impacts. Types of impacts include, but are, not limited to mechanized clearing, grading, fill, excavation, flocding, ditching/drainage, etc. For dams, se,oarately list inivacts 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 1:loodplain (yes/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) none Total Wetland Impact (acres) 2. List the total acreage (estimated) of all existing wetlands on the property: 0.1 96 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, darn construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) #1 UT to Tuckasegee pipe extention perennial 3' 20 0.0014 #2 Crassy Creels pipe perennial 6' 60 0.0033 #3 UT to Tuclcasegee pipe extention perennial 4' 20 0.0013 #4 UT to Tuckasegee pipe extention perennial 3' 20 0.0014 #5 UT to Tuckasegee pipe extention perennial 2t 20 0.0009 #6 UT to Tuclcasegee pipe perennial 5' 40 0.0045 97 UT to Tuckasegee pipe extention perennial 5' 10 0.0011 #3 UT to Tuckasegee pipe extention perennial 5' 20 0.0022 49 UT to Tuclcasegee pipe perennial 5' 40 0.0045 #10 UT to Tuclcasegee flood perennial 6' 50 0.007 Total Stream Impact (by length and acreage) 300 0.033 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Oc;an and any other water of the U.S.). Open water impacts include, but arc not limited to fill, excavation, dredging, flooding, drainage, bullcheads, etc. c C pen water Im t r Name of Waterbody ? Type of Impact Type of Waterbedy Arca of a Site Numbe auclicable) ?r (- (lake, nond, estuary, sound, bay, Impact Page 4 of 9 (indicate on ma) ocean, etc.) (acres) none Total Open Water Impact (acres) 5. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.04 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.04 Total Stream Impact (linear feet): 300 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/embanlcment, excavation, installation of draw-down valve or spillway, etc.): A pond was constructed upstream of a road crossing by installing a riser pine on the road culvert to dam un the area unsream or the road/dam. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthretic, trout pond, local stormwater requirement, etc.): aesthetic, trout pond Current land use in the vicinity of the pond: forested Size of watershed draining to pond: 450 acres Expected pond surface area: 2439 soft. YID. Impact Justificaflon (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.Hard impacts are for road construction and are necessary to access high round for development of the site. Existing roads and road crossings have been used to minimize impacts. The impoundment is proposed as an aesthet;c trout nond it is the only proposed impoundment on the site. There is no cractible alternative on site for such an amenity as another location would require hard impacts for construction of a dam and would also impede aquatic passage. This is the most logical and least page 5oc9 impactive location using the existing road crossing as the dam, and placing the pond below a waterfall,where .aquatic passage is already naturally impeded. No nractible alternatives for a pond with minimal impact exist on site. VIM I`v W-ation 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. klitigation =grill take place on site and will be a combination of channel restoration and buffer and stream preservation. The mitigation plan is attached to the original permit, which shows restoration sites. Cn site stream restoration is complex enclosed is a the Stream Restoration Comoletien Notification. Also attached are the restrictive covenants which establish a 30 foot buffer of no disturbance on all remaining streams ans wetlands. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that 'they are will to accept payment for the mitigation must be attached to this form. For Pave 6 of 9 additional information regarding the application process for the NCEEP, check the MCEEP 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): IUM Environmental Documentation (reguircd by iTDWQ) 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)? Mote: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5033 to review current thresholds for environmental documentation. Yes ? Into ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please atta-ch a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on' Rapanian and WI:atershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and snap all impacts to required state and local buffers associated with &.e project. The applicant must also provide justification for these impacts in Section VIII 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 .0213 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify-)? Yes ? into 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* (squh-npact are feet) Multiplier Required Mitigation 1 1 3 (2 for Catawba) Page 7 of 9 2 l.s Total Zone 1 extcnds 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., Donation of Property, Riparian Duffer Restoration / Enhancement, or Payment into the Riparian Duffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2;3.0242 or .0244, or .0260. None required M. Storm wa>tefr (required by DW(Q) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface eaters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impenjous below 20%. , 11. Srva-e iDaspuszi (3-squired by DVIQ) 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. ®n-site sentic. MU. Violations (required by D` Q) Is this site in violation of DWQ "Netland Rules (15A NI CAC 2H .0500) or any Huffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ? No MY. ICUMUBative lmpalet:, (required by DW(Q) 'Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/nc;vetlands. If no, please provide a short narrative description: :XV. Othelr Chrcumstsla= (Gp io mai): 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 wens 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). Page ' of 9 {gent's signatuF/Iis vali?-only if an authorization letter from the applicant is provided.) Page 9 of 9 Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 217 Paragon Parkway, #142 Clyde, North Carolina 28721 Phone: (828) 648-8801 Fax: (828) 648-8802 Mobile: (828) 712-9205 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: WaterDance Date: 12/04 Applicant/Owner. T&T Properties, LLC County: Jackson County Investigator. Neill Yelverton (WNR Staff) State: North Carolina Do normal circumstances exist on the site? Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (If needed, explain on reverse.) VEGETATION 1. 2. 3. 4. 5. 6. 7. 8. Yes Community ID: Channels No Transit ID: Channels No Plot ID: Channels 9. 10. 11. 12. 13. 14. 15. 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): N/A Remarks: HYDROLOGY Recorded Data (describe in remarks) X Wetland Hydrology Indicators: _ _ Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs X Inundated Other X Saturated in Upper 12 Inches No Recorded Data Available Water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water. _0 - 60 (in.) Secondanf Indicators: (2 or more required) Oxidized Root Channels in Depth to Free Water in Pit: 0 (in.) Upper. 12 Inches Water-Stained Leaves Depth to Saturated Soil: 0 (in.) Local Soil Survey Data FAC Neutral Test Other (explain in remarks) Remarks: Various Centerline Averages, Unnamed Tributaries to/and Tuckaseegee River, Unnamed Tributaries to/and Grassy Creek VNLdata. frmTTP-1000 • A Project # TTP-1000 SOILS Map Unit Name (Series and Phase): Cullasaja sandy loam Taxonomy (Subgroup): Humic Dystrudepts Drainage Class: well drained Field Observations: field survey Confirm Mapped Type? Jackson County Soil Survey Profile Description: Depth (ins. Horizon 0-12 Al 12-19 A2 19-34 Bw Matrix Color (Munsell Moist) 10YR 3/2 10YR 3/3 7.5YR 4/6 Mottle Colors (Munsell Moist) 10YR 4/2 10YR 4/4 Mottle Texture. Concretions, Abundance/Contrast Structure etc. moderate fine cobbly sandy clay loam moderate fine cobbly sandy clay loam cobbly fine sandy loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil _X Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime _X_ Listed on Local Hydric Soils List ** _X_ Reducing Conditions Listed on National Hydric Soils List _X Gleyed or Low-Chroma Colors Other (explain in remarks) Remarks: Bottom of Streams Wetland Determination (yes or no) Hydrophytic Vegetation Present? N/A Wetland Hydrology Present? YES Hydric Soils Present? YES Is This Sampling Point Within a Wetland? YES Remarks: VVLdata.frmTTP-1000 Delineation Performed by: Wetland and Natural Resource Consultants, Inc. 217 Paragon Parkway, #142 Clyde, NC 28721 Phone: (828) 648-8801 Fax: (828) 648-8802 Mobile: (828) 712-9205 WETLAND DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: WaterDance Date: 12/04 Applicant/Owner T&T Properties, LLC County: Jackson County Investigator. Neill Yelverton (WNR Staff) State: North Carolina Do normal circumstances exist on the site? Is the site significantly disturbed? (Atypical situation) Is the area a potential problem area? (if needed, explain on reverse.) VEGETATION 1. Juncus spp. grass FACW+ 2. Carex spp. grass FACW+ 3. Alnus serrulata shrub FACW 4. Salix nigra tree OBL 5. Polygonum sagittatum herb OBL 6. Arundenaria gigantea grass FACW 7. Smilax spp. vine FAC 8. Rubus spp. shrub FAC Yes Community ID: Vegetated Wetlands No Transit ID: Vegetated Wetlands No Plot ID: Vegetated Wetlands 9. 10. 11. 12. 13. 14. 15. 16. Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): - 90 % Remarks: HYDROLOGY _X_ Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other No Recorded Data Available Field Observations: Depth of Surface Water. _0 to 4_ (in.) Depth to Free Water in Pit: _10 to 14 (in.) Depth to Saturated Soil: _8 to 9_ (in.) Remarks: Wetland Hvdroloav Indicators: Primarv Indicators: Inundated X Saturated in Upper 12 Inches Water Mad(s Drift Lines Sediment Deposits X Drainage Pattems in Wetlands Secondar y indicators: (2 or more required) X Oxidized Root Channels in Upper 12 Inches X Water-Stained Leaves Local Soil Survey Data X FAC Neutral Test Other (explain in remarks) W Ldata. frmTf P-1000 Impact #110 =iccding impact fl' dsi:ina W Current 60' impact I? a f;? rr.y _.iJ al ?? r ?fcposed 1 ` 20' E; sOng ?40' Prqpcsad I ;0 :m pact - 0' Exisiing 80' Current -.?" 20' Imc2ct .T ? ? l 40' Existing 80' Current 20' lmp2ct F I C 40 Skiing 60' Current 20' impact R c 'MN 40' E.As ing 00' Current 20' Impact RC ,? (New) 0' ir;isung f0' ?rcpcsed -40' Impact RC 1' 00' E;tisiii.g 40' ?rcposad i0° ird pact MIR "S Re: Attn: Rebekah Newton RE: WaterDance/River Rock Subject: Re: Attn: Rebekah Newton RE: WaterDance/River Rock From: WNRINC@aol.com Date: Thu, 2 Mar 2006 15:02:29 EST To: laurie.j.dennison@ncmail.net Laurie, Rebekah is in the field for the rest of the week. A contact person's name is Ted Morlok. Let me know if you need anything else. Jennifer Robertson 1ofI 3/2/2006 3:21 PM Attn: Rebekah Newton RE: WaterDance/River Rock Subject: Attn: Rebekah Newton RE: WaterDance/River Rock From Laurie Dennison <laurie.j.dennison@ncmail.net> Date: Thu, 02 Mar 2006 14:53:07 -0500 To: wnrinc@aol.com I'm in need of an.individual's name associated with T & T Properties (as permit owner/applicant) to enter the 401 Water Quality Cerification permit application for Waterdance/River Rock into the database. Please reply to this email with that information at your earliest convenience. 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