HomeMy WebLinkAbout20050596 Ver 1_COMPLETE FILE_20060301• F W A TF
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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
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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
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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
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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
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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:
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PO 9cx 224 wnrinccarn 217 Nr,4pon Parkway, 4142
Nawto,i, NC 28658 Cycle. NC 20721
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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
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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:
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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
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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
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Name: GLENVILLE Location: 035.2282653°N 083.1435468° W
Date: 4/5/2005 Caption: WaterDance Boubdary
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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.
Thank you,
Laurie Dennison
Administrative Assistant
DENR-DWQ
Wetlands/401 Unit
1 of 1 3/2/2006 2:53 PM
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