20060500 Ver 1_COMPLETE FILE_20060324

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Ecosystem
« PROGRAM
INVOICE
June 20, 2006
DWQ#: 06-0500
COE#: 200630010
Jim F. Brown
Jim Brown Chrysler Dealership
556 Highlands Road
Franklin, NC 28734
Project: Jim Brown Chrysler Dealership County: Macon
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above
reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program. In accordance with 15A
NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of
0.25 acres). If you have any questions concerning this payment, please call Chris Mankoff at 919-716-1921.
Riparian Wetlands 0.5 acres x $ 26,246.00
Non-Riparian Wetlands 0 acres x $ 13,123.00
Saltwater Wetlands 0 acres x $131,230.00
Streams 268 linear feet x $ 219.00
Buffers: Zones 1 and 2 0 square feet x $ .96
Total amount of payment
Please mail a check made payable to
North Carolina Ecosystem Enhancement Program
for the total amount due to the address below.
NC DENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
_ $13,123.00
_ $ 58,692.00
$ 71,815.00
Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM
ENHANCEMENT PROGRAM PRIOIR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
David Baker, USACE - Asheville
Kevin Barnett, DWQ Regional Office - Asheville
File /;Zk LE
MlJ!?1 ? ? Z?lt'
Resto{? Ekka"... Protect our Stag P,
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 /www.nceep.net
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a I I;e en't
PROGRAM
RECEIPT
July 21, 2006
D WQ#: 06-0500
COE#: 200630010
Jim Brown Chrysler Jeep Dodge, Inc.
556 Highlands Road
Franklin, NC 28734
Project: Jim Brown Chrysler Jeep Dodge County: Macon
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $71,815.00, check
number 707035, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.

C
t
l
i Wetlands (credits) Stream (credits)
River Basin a
a
og
ng
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. )
Riparian Marsh
Little Tenn. 06010202 0.41 0 0 0 268 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact David Robinson at [phone].
Sincerely,
illiam D. Gilmore, PE
irector
cc: Cyndi Karoly, Wetlands/401 Unit p ( ?? 101
David Baker, USACE-Asheville L=am
Kevin Barnett, DWQ Asheville
File JUL 2 5 2006
DENR - WATER QUALITY
*ETLANDS AND STN2MMATER BRANCHA A
Restol?u29... ... Prot-' oar .fta& MIE R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
of WAr?R
?? Q 1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 19, 2006
Jim F. Brown
Jim Brown Chrysler Dealership
556 Highlands Road
Franklin, NC 28734
Subject Property: Jim Brown Chrysler Dealership
Hwy 441, Franklin, Macon County
DWQ Project # 06-0500
Macon County
AP
R 2 5 2006
Approval of 401 Water Quality Certification with Additional Conditions srt'¢AT QRgt
H
Dear Mr. Brown:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.24 acres of wetlands and 119 linear feet
of streams for the purpose of property development at the subject property, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on March 23, 2006, and received in the Asheville Regional Office on April 17, 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: [phone] / FAX [phone] / Internet: http:l/h2o.en_r.state.nc.us/ncwetlands
No thCarolina
N19hir61ilY
An Equal Opportunity/Affirmative Action Employer- 50% Recycledl10% Post Consumer Paper
Jim Brown Chrysler Dealership
Page 2 of 7 4
April 19, 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,
Wetland - 1 0.24 acres New impacts
UT to Rabbit Creek 119 linear feet New Impacts
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,
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.

Jim Brown Chrysler Dealership
Page 3 of 7
April 19, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you wish to make a payment to the Wetlands
Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. You have one
month from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the
Wetlands Restoration Fund to meet the following compensatory mitigation
requirement:
Compensatory Mitigation
Re uired Basin
Stream 119 feet Little Tennessee
Wetlands 0.24 (acres) Little Tennessee
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.
Jim Brown Chrysler Dealership
Page 4 of 7
April 19, 2006
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.
9. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
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://h2o. enr. state. nc. us/su/Forms Documents. htm.

Jim Brown Chrysler Dealership
Page 5 of 7
April 19, 2006
12. 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.
13. 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.
14. 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.
Jim Brown Chrysler Dealership
Page 6 of 7
April 19, 2006
15. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistant with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
16. Culverts that are less than 48 inches in diameter should be installed with 20% of the
diameter of the culvert placed below the level of the stream bottom to allow the
accumulation of stream bed materials and to facilitate aquatic life passage during
periods of low stream flow. Larger diameter culverts should be placed 1 foot below
the stream bottom. Culverts should be placed in the main flow channel (i.e.
thalweg). Partial burial of culverts in this manner also may require increasing their
size to accommodate flow requirements.
17. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill.
18. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
19. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
20. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams must not be constructed.
21.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
22.All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
23. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
24-All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month during the
term of construction on site.
r
Jim Brown Chrysler Dealership
Page 7 of 7
April 19, 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 contact Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin. Barnett(a)-ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402
Certificate of Completion
cc: Mrs. Pam Boaze
Fish and Wildlife Associates
Post Office Box 241
Whittier, NC 28789
Mr. Larry A. Lackey, Jr., P.E.
CEtech Associates, P.A.
462 West Palmer Street
Franklin, NC 28734
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0500. JimBrownChryslerDealership.approval
Triage Check List
Date: 4/13/06 Project Name: Jim Brown Chrysler Dealership
DWQ #:06-0500
County: Macon
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 4/07/06 to 6/05/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

556 Highlands Road
Franklin, North Carolina 28734
Telephone [phone]
31 March 2006
060500
NC DENR DIVISION OF WATER QUALITY
Attn: Cyndi Karoly, Supervisor
401 OVERSIGHT/EXPRESS PERMITTING UNIT
1650 MAIL SERVICE CENTER r
RALEIGH, NC 27699-1650 &- x/1/11 TT/dl?
Dear Ms. Karoly:
Please find enclosed a new check in the amount of
$ 200 as per your letter dated March 28, 2006.
Your immediate attention to this matter is greatly
appreciated.
Sin rely,
im Brown

UER.@LROWRI
RJR - 7 2006
DENR - WAIF QUAU
O?Or '" ''9Q? -? Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources

Q Alan W. Klimek, P.E. Director
Division of Water Quality
March 28, 2006 .
DWQ Project # 06-0500
Macon County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
James Brown
556 Highlands Road
Franklin, NC 28734 D D
Subject Property: Jim Brown Chrysler Dealership APR 7 2006
Permitting Fee
Q __...
DENR•WATER QUALITY Dear Mr. Brown:

On March 23, 2006, the Division of Water Quality (DWQ) received your application to impact 0.24 acres
of wetlands, 119 linear feet of stream to construct the proposed automobile dealership. This project has
been placed on hold until the following criteria has been meet.
Additional Information Requested:
1. Permitting Fee
In reviewing your application it indicates impacts of 0.24 acres of wetland and 119 linear feet of
stream. The fee for applications is $200 for projects impacting less than an acre of wetland and
less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or
more feet of streams, the fee is $475. The project impacts necessitate a fee of $200.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions.
Sincerely,
C di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Enclosure: Check #3447 for $475
CBK/ jd
cc: Cetech Associates, Larry Lackey Jr., 462 W Palmer St, Franklin, NC 28734
File Copy + check copy
Central Files + check copy
Filename: 060500JBrownChryslerDealership(Macon) Fee
One
Carolina
401 Oversight/Express Review Permitting Unit ttlCalll,?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hn://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
O? W A T??pG
02
C/j ' tom..
O `C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 28, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
James Brown
556 Highlands Road
Franklin, NC 28734
Subject Property: Jim Brown Chrysler Dealership
Permitting Fee
REQUEST FOR MORE INFORMATION
Dear Mr. Brown:
DWQ Project # 06-0500
Macon County
1
On March 23, 2006, the Division of Water Quality (DWQ) received your application to impact 0.24 acres
of wetlands, 119 linear feet of stream to construct the proposed automobile dealership. This project has
been placed on hold until the following criteria has been meet.
Additional Information Requested:
1. Permitting Fee
In reviewing your application it indicates impacts of 0.24 acres of wetland and 119 linear feet of
stream. The fee for applications is $200 for projects impacting less than an acre of wetland and
less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or
more feet of streams, the fee is $475. The project impacts necessitate a fee of $200.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions.
Sincerely,
C di Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Enclosure: Check #3447 for $475
CBK/l'd
cc: Cetech Associates, Larry Lackey Jr., 462 W Palmer St, Franklin, NC 28734
File Copy + check copy
Central Files + check copy
Filename: 060500JBrownChryslerDealership(Macon)-Fee
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nye Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Clft*aft Associates, P.A. % X 9 0 5 0 0
Municipal ? Industrial ? Commercial ? Residential
CONSULTING ENGINEERS:
WATER & WASTEWATER • STRUCTURAL • GEOTECHNICAL • TRANSPORTATION
WATER RESOURCES a STORMWATER • LAND PLANNING & DEVELOPMENT
CONSTRUCTION MANAGEMENT & ADMINISTRATION • BUILDING DESIGN
462 W Palmer Street Franklin, North Carolina 28734 Tel.: [phone]
TRANSMITTAL
Date: March 20, 2006
To: Cyndi Karoly
NC Department of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Jim Brown Chrysler
401/404 Cert.
The following items are submitted as follows:
- For Review x For Your Use T As Requested
MAR 2 3 2006
DENR - WATER QUALITY
,nETLANM AND STOWWATER BRANCH
--x For Processing

1 F( 401/404 Cert App. And Report w/ Drawings
2 1 Check for $475

Notes:
This was sent in August, 2005 but has apparently been lost in the mail. Kevin Barnett and Army
Corps received their copies and Kevin was ready to write the permit when it was found with no
record in Raleigh. I have attached a copy of the EEP letter of approval for the project. Anything
you can do to expedite the processing of this would be appreciated. Ple ontact me if you
have any questions. A
Signed:
File
L-,o A, 1.a,--", , 7'E'
03/20/2006 17:51 828497621.3 FISH 9 WILDLIFE PAGE 03
I ?
I
I
t s stem
j PROGk^M `
December 21. 2()05 C;kDO4
Jim F. Brow(i
Jim Brown Clityslet Dealership
556 Highland, Road
Franklin. NC ,13734
Pro+ Jim Brown C:lttysler Dealership Courtty: Macon
The put-pose ok this letter is to notify you that the North Carolina 1GUV3y3tam >rnhttncement Program (NC )rEF) is willing t<<
accept payment for impacts associated with the above referenced project. Please note that this decision; does not aisurc that
the payment Will be approved by the permit issuing agencies as mitigation for project irrpacts. It is the responsibility of the
applicant to crjntact these agencies to determine if payment to the NC EBP will b: approved
I1
This actcptantlt, is valid for six months from the date of this letter. If we have wit received a copy of the issued 404
Perntit/402 Cirtifietltion within this trine frame, this aceeplance will expire. It is the 2pp1i1C.an1'3 responsibility to send
copito of the 4104/40VCAMA permits to NC FEP, Once NC IEEP receives a cop.! of !ht 404 Ptrrmit anti/or the 401
Certification th inv(ict will be issued and payment must be .nude..
Erased on the jilfotmation supplied by you the impan to that may require compens: tory.mitigation are Sumrttlrized to the
following tabl
r- .? _ _
Rtvcrbasi . Wctiands ,iUeall, Buffer Huftec
Calak,ging U(Acres) (Lit,ear feet) Zone 1 Zane 2 '
(Sq. Ft:) (5q. Ft:.'J
Riparian Non-Ri arlan Coasta(Mar;sh Crud Cpol ?Varm _
Little Tonnes a 0.41 0 0 0 268 D "j
10202
Upon receipt o payment, CEP will take responsibility for providing the compensmory mitigation for the permitted impacts
up to a 2:1 rati?, (buffers, Zone I at a 3:1 ratio and torte 41, at a 1 5:1 ratio). The t-pe and atnount of the cotnpensatorv
mitigation Willlbe as specified in the Section 404 Permit and/or 401 Water Qualit Casti licatiott. and/or CANT A I'ertn'q. The
mitigatinn W1111be performed in accordance with dx Memofandum of Understand ng between the N. C Department of
Enviroprnent abd Natural Rtsottrces and the U. S. Army Cotes of Engineer, datct November 4. 1993.
It you have an} questions or need additional inforrnatian, pleasts convect rarol Sh tw ai [phone]
Sin.erelc,
i
1 illiatn C
IlirtUrx
cc: CY"diiKarr.jly. Wetlands/401 Unit
Da:rdlBakea, ItSACE. - Asheville
KevinlBarnctt, VV1'Q Reginnal Offtct - Asheville
rule it
Al-,
RP,?tor ? rill
North, C;aroltna Ecos Stem Enhancemortt Program. 1652 Meld Service Center, Raleigh, VG 27699.165? 1919 '15 44Yx ; w:vNr r.;.acf?.net
II
C3;41/
Gilmt;,rr., PF
03,/20/2006 17:51 8284976213 FISH 9 WILDLIFE PAGE 02
Fish and Wildlife Associates, Inc.
PO Box 241
Maim Office at. Tel [phone]
25 Water Tower One Whittler, NC 28789 Fax [phone]
Whittier, NC 2879 Email [e-mail]
June 16, 2005
Cy"
401/Wei
1650 M
Raleigh,
Water Quality
ids Unit
Service Center
C 27699.1650
Dear ; Karoly:
Enclo are 5 copies of a permit application for the Tim Brown property on Sylva Road
(US 441• . 1 am sending the sixth copy directly to Kevin Barnett as per his instructions.
Questio about the envwonmental resources can be directed to me, while stormwater and
site dev questions should be directed to Larry Lackey.. Mr. Lackey's number is
929-52449185.
yn.
Pamela K Boaze
Cc: Ke*iin Barnett

Office Use Only: Form Version October 2001
2 5 Q v
USACE Action ID No. DWQ No.
L Processing
1. Check all of the approval(s) requested for this project: D ???
® Section 404 Permit MAR 2 i 2006
? Section 10 Permit
® 401 Water Quality Certification WEDEN ' WATER c?ua?.i
? Riparian or Watershed Buffer Rules STO"WATER BRANCH
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: James Brown
Mailing Address: 556 Highlands Road
Franklin NC 28734
Telephone Number: 828-369-5003 Fax Number: 828-369-9416
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
a N
M. Project Information
1. Name of project: Jim Brown Chrysler Dealership
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PN:
4. Location
County: Macon Nearest Town: Franklin
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Project is located adjacent to
Smoky Mountains Systems at 19 Smoky Mountain Drive off US 441 just north of the
junction of 441 Bypass and 441 Business
5. Site coordinates, if available (UTM or Lat/Long): 035° 12.0519' N 083° 21.4856' W
6. (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for
each crossing of a distinct waterbody.)
7. Describe the existing land use or condition of the site at the time of this application:
Tract is cleared and partially graded.
8. Property size (acres): 7.95 acre tract and 1.00 tract
9. Nearest body of water (stream/river/sound/ocean/lake): Rabbit Creek
10. River Basin: Little Tennessee River basin
(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/mapsl.)
11. Describe the purpose of the proposed work: Provide adequate space for customer parking
and new vehicle display area for automobile dealership
12. List the type of equipment to be used to construct the project: Construction equipment
including track hoe, bulldozer, back hoe
Page 6 of 12
1
13. Describe the land use in the vicinity of this project: Commercial businesses to the north and
south of the project include a security system and an auto shop. To the east on the ridge is
residential. To the west is US 441 and across the road is abandoned residential property
IV. Prior Project History
Jim Brown purchased both an undeveloped tract and the adjacent 1.00 acre tract formerly owned
by Dan Hazazer who was developing it for his business. The Hazazer tract was never part of this
project but did hold a permit for placing a culvert and filling wetlands.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated
VL Proposed Impacts to Waters of the United States/Waters of the State
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of impact* Area of
Impact
(acres) Located within
100 year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
W-1 Fill 0.24 no Beaver pond

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.35
Total area of wetland impact proposed: 0.24
2. Stream impacts, including all intermittent and perennial streams
Page 7 of 12
r y
Stream Impact Site Length of Average Width Perennial or
Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Impact lease sl=if
)

S-1 culvert 119 Unnamed tributary of
Rabbit Creek 2, perennial

" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.aov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 119'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean., etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
Page 8 of 12
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP 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/ncwettands/strmgide.htn1.
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.
See attached.
Page 9 of 12
c
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.hun If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 10 of 12
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
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.
* Impact Required
Zone Multiplier A?;4i?r?finn
I 1 1 3 - --?
2 1.5
Total I I
* Zone 1 extends out 30 feet perpendicular from 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, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XL Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage of the site is 8.95 acrea. There are no existing impervious surfaces on the site.
The office and associated outbuildings plus the paved parking, and display areas will encompass
3.6 acres. A stormwater plan is attached.
XII. Sewage Disposal (DWQ Only)
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.
City sewer
Page 11 of 12
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
(o- & 00
Applicant/A? re ss Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Name: CORBIN KNOB Location: 035.2003911' N 083.3609048' W
Date: 6/10/2005 Caption: Location map of Jim Brown Property on Sylva Rd (US 441),
Scale: 1 inch equals 1333 feet Franklin, Macon County, NC.
copyngnt ((;) 1 sys, maptecn, Inc.
ENVIRONMENTAL ASSESSMENT
JIM BROWN PROJECT
US 441 NEAR RABBIT CREEK
MACON COUNTY, NC
Introduction and Site Description
Fish and Wildlife Associates, Inc. was retained by Larry Lackey to identify and delineate
wetlands on a tract located north of Franklin on US 441. The tract is owned by fun
Brown who proposes to move a Chrysler-Plymouth-Dodge-Jeep dealership to this
location. The tract is bordered by US Hwy 441 to the west and is adjacent to Smoky
Mountian Systems at 19 Smoky Mountain Drive in Franklin, NC.
Existing Environmental Conditions
A survey of the site was conducted on March 3, 2005. Photographs and a sketch of the
wetland/stream are attached.
Soils
Soil boring outside the wetland area yielded a clayey loam, 5YR4/4 from 0-12 inches in
depth with no mottles. NRCS Soil Survey indicates that soils in the project area are
loamy Udorthent series soils. These soils typically exist where the natural layering of the
soil has been destroyed by earthmoving activities.
Vegetation
The proposed construction site primarily consists of cleared, graded soil, with several
berms and ditches on which young pines, grasses, and blackberries have become
established. As a whole, the site is dominated by bare ground and young vegetation.
Based on nearby forested areas and a small area of mature trees immediately adjacent to
the wetland, the site probably supported a montane oak-hickory forest on the hillside and
ridge with a more mesic community such as Mesic Mixed Hardwood forest along the
stream. Species still persisting in the area included overstory species of red maple, tulip
poplar, and black cherry, with some Virginia pine on drier upland portions of the tract.
Wetlands
There is one wetland on the tract. It is located on the western portion of the site and
extends approximately 275 feet on a north-south axis by 55 feet on an east-west axis,
covering 0.35 acres.
Canopy species surrounding the wetland include red maple, tulip poplar, and black
willow with alder in the understory. Herbaceous vegetation included cattails, rushes,
sedges, and microstegium. Soil boring within the wetland at the site yielded a sample
best described as a loamy sand, 5YR4/4 from 0-6 inches in depth, a sandy clay with
organic matter, 5YR4/1 from 6-12 inches in depth, and a clay with organic matter,
5YR4/1 from 12-24 inches in depth. No mottles were observed in the samples. A
sulfidic odor was also detected. Free water in the pit was present at a depth of 5 inches.
Hydrology on the site consisted of the perennial stream flowing through the wetland.
Sediment deposits and drainage patterns occurred throughout the wetland.
This wetland formerly consisted of an open water area with riparian wetlands along the
perennial stream. The drop inlet at the lower boundary of the property had been stopped
up by debris or beaver activity. At some point in the past two years, the vegetation along
the edge of this wetland to the north and west was trimmed back and the culvert
unclogged. Erosion off the surrounding cleared tract has deposited more than 6 inches of
new sediment in the wetland in the last two years. The lower third of the wetland is a
colloidal suspension of soil particles 3 foot deep.
Waters of the U. S.
The 0.35-acre wetland on the site is fed and drained by a perennial stream (a tributary of
Rabbit Creek), which flows through 285 feet of stream channel within the site. This
stream is confined by culverts on the tracts of land immediately upstream and
downstream of the current site.
The stream has a defined channel for 150 feet where it then disperses across the entire
space occupied by the wetland with no discernable channel. Drainage patterns indicate
that the stream has changed location several times. As this area had been a pond and has
received quite a bit of sediment recently, the stream channel is highly unstable.
The stream varies from 2' wide to 4' wide and was 2" deep. Most of the channel has a
substrate of clay silt. One riffle was present with small gravel and silt. The west bank of
the wetland is formed by the fill slope from the construction of US 441. Alders are the
predominant vegetation. The east bank of the wetland is well vegetated with a mixture of
canopy species and a variety of herbaceous and shrub growth. This is probably remnants
of the original vegetative community. It included dogwood, red maple, black cherry, and
tulilp poplar in the canopy. There was no vegetation along the immediate banks of the
stream, but should have various hydrophytic species in the summer. Evidence of rushes,
sedges, and cattails was noted in nearby portions of the wetland.
During the June 2005 visit to the site, it was noted that the stream channel pattern had
changed. The stream is about 8' wide where it exits the culvert. A delta of sediment has
formed below the culvert, dividing the stream into two channels. One flows along the
east bank and one along the west bank.. The channels are 1.5-2 feet wide and average 2"
in depth. The two channels come back together and flow into a pool around the drop
inlet. As noted in March, this pool has suspended sediment to a depth of 2 feet. A sand
bar has developed along the west bank at the northern end of the wetland.
Diagram of wetland and stream placement on proposed commercial
site, US 441, Franklin, NC.
Garner's Body
Shop building
us
441
North
0 drop inlet
i?
i \
i N
i ?
i
i `
i ?
i ?
i ?
pejennial stream
i ?
i ?
iI
i wetland i
direction of
water flow
culvert
Overall wetland
dimensions:
55' a 275'
Total stream
channel length
on site: 285'

Smoky Mountain
CxretPmc hnildinv
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: J . m ?j r^o Loo, -? T j,(S ( Date: 3 - 3 ~ ( 5
Applicant/Owner: ro r? County: M
Investigator: ?e ?? State: "k) C,
Do Normal Circumstances exist on the site? Yes Community 10:
Is the site significantly disturbed (Atypical Situation)? Yes ? Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VFGFTATION
Dominant Plenl Spodos Stratum Indicator Dominant Plant Species Stratum Indicator
i rl i r ?; S?•^u? a
1. ? ?. f'?el? 9.
A
ru?ru
2. raeC'aC
m
F
T

10.
f
t
' X
? y?Gt faA 0
3. ? i
4 (JQ?
; Ct
1 11.
1
?"
4. hl r' Oct rcTn T r
: n. tQr{g?_ 12.
5. i?l?ytc:1S l_ 13.
6. t ,& 14.
7. o?t+ ti X .? is R L
O 15.
8. 5 .?
it
_-- 16.

Percent of Dominant Species that are OBL. FACW or FAC _?'?
(excluding FAC-).
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
-
_ Stream, Lake, or Tide Gouge Primary Indicators:
Aerial Photogrophs _ Inundated
_
Other Saturated in Upper 12 Inches
_
No Recorded Date Available _ Water Marks
- Drift Lines
_
Sediment Deposits
Field Obsorv-itions: _. Drainage Patterns in Wetlands
Secondary Indicators (2 or more requirodl:
Depth of Surface Water: AJA:_(in.) - Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: _(in.) _
_ Local Soil Survey Date
FAC•Neutral Test
Depth to Saturated Soil: (in.) _
Other (Explain in Remarks)
Remarks:
cnrf c
Map Unit Nara
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundenco/Contrast -Structure. etc.

4"- $?R Y
O
IVLOAe-
? , mcc?-ex e`a?
41-
q1,
r,
ILL
Hydric Soil Indicators:
Histosol Concretions
_
Histic Epipedon _
_ High Organic Content in Surface Layer in Sandy Soils
_
Sulfidic Odor _ Organic Streaking in Sandy Soils
r, Aquic Moisture Regime _ Listed on Local Hydric Soils List
>?, Reducing Conditions _ Listed on National Hydric Soils List
-e Gleyod or low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? a No
Hydric Soils Present? as No Is this Sampling Point Within a Wetland? Yes No
Remarks:
Chu .
,Yc ? 75 r
Lt Approved y GUSACE 3/92
1
Ch Ps Ci
(?6 3 (b C)
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ).rr. (j.rozt;y>` ?s?,'?y (LS ?{?,
s
Date: t-3 - 3-0
App(icant/Owner: ,m k?ls ro-L,)," County: MaLeeV-
Investigator: ' ?m s e?^ ?a vvi x ?ze State: A) 0
Do Normal Circumstances exist on the site? No Community ID:
is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes F1b Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Spocios Stratum Indicator Dominant Plant Species Stratum Indicator
1. ke,r` ,." rcu m -PA c. 9.
2_ ?ni.v?S C'?rr)?Vl[i ?1 !'` u 10.
3.`?. serrv tS S S FAC 11.
4. 12.
5. ?t?uS sit= f ?C 1.3-
6. ?Tr! i C e4x, j2 &m; e L' 14.
7. Is.
S. 16.
Percent of Dominant Species that are OBL. FACW or FAC /, cz
?
(excluding FAC-). / t?
Remarks:
HYDROLOGY
-Recorded Data (Describe in Rema(ks): Wetland Hydrology Indicators:
-Stream. Lake, or Tide Gouge Primary Indicators:
_ Aerial Photographs _ Inundated
Other _ Saturated in Upper 12 Inches
_
_ No Recorded Dots Available _ Water Marks
Drift Lines
_
-Sediment Deposits
Field Obsorv,itionr- - Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: vIV P (in.) _ Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Dots
FAC•Neutral Test
Depth to Saturated soil: (in.) _
- Other (Explain in Remarks)
Remarks: NO k
_?Or t"Jl k -tti.SL-
A,-010
J ?
1

SOILS
Map Unit Narne
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup)- Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon IMunsell Moist) (munsell Moist) Abundance/Contrast Structure, etc.
i
Hydric Soil Indicators:
_ Histosol Concretions
_
_ HisticEpipedon _ High Organic Content in Surface Layer in Sandy Soil's
- Suffidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Hydric Soils List
- Reducing Conditions _ Listed on National Hydric Soils List
- Gleyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vagetation Present? Yes ® (Circfe)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes
(Circle)
Is this Sampling Point Within a Wetland? Yes No
Remarks-
TL 1
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Tom. ea r?w?? -r ' `-?• .. ???'a?i.+r
March 3, 2005
Brown Property
Wetland area and tributary of Rabbit Creek
facing north
lt?:
March 3, 2005
Brown Property
Wetland area and tributary of Rabbit Creek
facing south
V 144
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June 14 2005
Brown Property
General view of property from US 441
facing east

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At -A t:
June 14 2005
Brown Property
Wetland area and tributary of Rabbit Creek
facing north
41 V ?
Jim Brown Chrysler Dealership
NWP 39 Permit Application
Macon County
AVOIDANCE AND MINIMIZATION
Several alternatives for design of the Dealership were considered to avoid or minimize
impacts to the stream and wetland. Given the nature of the business, it is desireable to
display the new vehicles as close to the road and visibly as possible. There is only a
narrow strip of land available between the property boundary and the wetland on the
western boundary of the tract.
Alternative 1 was to purchase or lease the land between the property boundary and US
441.. This is a 72' wide strip owned by NC DOT. This land is partly road shoulder and
ROW, partly utility easements. NC DOT has planted it as part of the road beautification
project. This alternative would only be a short term solution to the need for display as the
land will eventually be used for acceleration and deceleration lanes.
Alternative 2 was to relocate the stream to the east, restore sinuousity and bankfull
dimension, and plant appropriate vegetation. Approximately the same amount of land,
i.e. stream plus buffers, would be involved as currently existing, just moved 50 feet to
the east. This alternative would allow ample space for display near the road. This
alternative was deemed not feasible because the car dealership would be dissected by a
gully. Due to the depth and steepness, safety issues would require fencing, trash and
other pollutants would accumulate, and the visual corridor of the business would be
obstructed by fencing. Access to clean out trash and remove tall trees will be necessary.
Alternative 3 is the preferred alternative. This involves piping 119' of stream, re-
establishing a single channel along the eastern bank, and vegetating the stream buffers.
An additional portion of the wetland would be filled to provide space for new vehicle
display and customer access. The relocated stream and associated wetland will be along
the northern edge of the property, not bisecting the tract. Similar issues of trash
accumulation and safety as mentioned in Alternative 2 will still apply, but will be less
conspicuous to the customers. Trash removal will be needed, but no vegetation removal.

Jim Brown Chrysler Dealership
NWP 39 Permit Application
Macon County
MITIGATION
The proposed alternative will result in the taking of 0.24 acres of Waters of the U.S. This
action will be offset by the restoration of the remaining stream length. At the current
time, the stream is unstable and highly sedimented due to erosion on the tract. The
wetland areas are similarly affected by the sediment. The influx of sediment and the lack
of vegetation has reduced the biological and filtration functions of the wetland.
Restoration of the streambanks, plantings, and stabilization of the surrounding land will
allow the recovery of the remaining wetland. It will also prevent further episodes of
sedimentation into Rabbit Creek. All flow will be directed into the east channel. Willow,
silky dogwood and elderberry will be planted along the streambanks as these species are
most likely to be successful due to the present moisture regime. No herbaceous seeding
will be needed as there is sufficient seed source on site. There is about 0.5 feet of
elevation change between the culvert outlet and the drop inlet, a distance of 165 feet. The
stream channel will be defined for 50+ linear feet and then disperse throughout the
wetland. Some adjustments may be needed when the braided channel is changed to a
single channel.
The owner proposes to place the remaining wetland and stream in a Conservation
Easement to be deed restricted. If acceptable, the land will be turned over to Macon
County.
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GZteaft Associates, P.A. 2 0 0 6 0 5 0 0
- - - Cwe.L ?n cFl'??'''"'?' T "ec',h??.°'?'i,Pia'
Municipal # Industrial ? Commercial ? Residential
CONSULTING ENGINEERS:
WATER $ WASTEWATER a STRUCTURAL a GEOTECHNICAL a TRANSPORTATION
WATER RESOURCES & STORMWATER a LAND PLANNING & DEVELOPMENT
CONSTRUCTION MANAGEMENT a ADMINISTRATION a BUILDING DESIGN
462 W Palmer Street Franklin, North Carolina 28734 Tel.: [phone]
TRANSMITTAL
Date: March 20,.2006
To: Cyndi Karoly
NC Department of Environment and Natural Resources
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: Jim Brown Chrysler
401/404 Cert.
The following items are submitted as follows:
-.._ For Review x For Your Use As Requested F. q

0c?oWP
MAR 2 3 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
--x For Processing
0. ar: nt k
1 1' 5- 401/404 Cert App. And Report w/ Drawings
2 1 Check for $475

Notes:
This was sent in August, 2005 but has apparently been lost in the mail. Kevin Barnett and Army
Corps received their copies and Kevin was ready to write the permit when it was found with no
record in Raleigh. I have attached a copy of the EEP letter of approval for the project. Anything
you can do to expedite the processing of this would be appreciated. Ple or6a t me if you
have any questions. % j
Signed:
File

03/20/2006 17:51 8284976213 FISH & WILDLIFE PAGE 03
I
s stem
PROGk^M '
December 21. 2()05
Jim F. Brown
hin Brown C*yslet Ikalership
oad
556 Highland t,8734
Franklin. NC Ptoj+ Jim brown Chty3ler Dealership County: Macon
Till It ,
?C,
R2C
kr? : r
C
ti
put pose q, this letter is to notify you that the North Carolina Ecosystcm IFnhtncerl Program (NC P.EP) is w;ltine tcI
accept payrnell for impacts associated with the above referenced project, Pleasc note that this decision. dues n*of assure th;it
the payment Will ¢e approved by the permit issuing agencies as mitigation for project impacts. It is thft-, respow ibiI6 4 the
Applicant to t:c{htact these agencies to determine if payment to the NC. EPP will b: Approved
i
This actcil is valid for six months from the date of this letter. If we have nut received a copy of the issued 404
Ptrmit/401 Cirtifkattion within this time frame, this acceptaill will expire. It is the appliaant'3 responsibility to w nd
copies of the 4*4/40)/CAMA perlllits W .NC EEP. Once NC EEP receives a cop.! of !fie 4()4 f'e`tmit and r the dil l
Certification ab urvnice will be issued and payment must be made..
Bascd ran the information supplied by you the itnpacta that may require compensitort' mitigation ate Suttiillarized; o the
following table.
RivcrB&A Wetlands Stream butter Buffer
1 Calak,ging U3lit (Acres) (Lit.car feeti 2 1 Crane 2 '
' (Sq. Ft.) 1 ($q. Ft.' 1
tti itnan Non-Rl atlan Coamta[ Marsh Cold Coat t?'arm _
L.ittlt Tonnes a`e 0.41 0 8 0 268 0 p 0
(txot0202
Upon receipt ok payment, CEP will take responsibility for providing the compens;story mitigation for the perrteitted impact-s
up to a 2:1 rati?, (buffers. Zone x at a 3;1 ratio and torte 2 at a 1 S:1 ratio). The r?pc anti atnount of the contpcnsatorv
mitigation willlbe as specified in the Section 404 Permit and/or 401 Water Qualit- Certification. and/or CANT A 1;'erm+t. The
mitigation w1111be performed in accordance with the Momoltandum of Understand ng between the N. C Department cif'
Environment abd Natural Resources and the U. S. Army Corpe of Engineer, data November 4. 1993.
1
If you have an I questions or need additional information,
I
i
i
I
cc: Cy1)di1Kar1:rlr•, Wrtlandb/401 Unit
Da.idiSaker, USACE - Asheville
KevinlBarrictt, DWQ !Regional Office - Asheville
ptctu" contact C-itrol Sh tw as [phone]
Sinctrelc,
A . it
rillialy,•. Cilmrirr.. PF JON-,
Director
Restoru2I..;.. Proteakq 01t r Stet t2
North Carolina Ecos stern
?I

ASMA
RZM
Enhancement Program. 1652 Mad Service Center, Raleigh. 4C 27699.165? / 919.115-p4Y?5 1 w:vw r.C.E:eF .net
03/20/2006 17:51 8284976213 FISH 9 WILDLIFE PAGE 02
Fish and Wildlife Associates, Inc.
? .
PO Box 241
Main Office at. 1 Tel [phone]
25 Water Tower aDte WhiWe r, NC 2 789 Fax [phone]
Whittier, NC 28709 Email [e-mail]
June 16, 2005
Cyndi K
Division
401/We1
1650 Ma
Raleigh,
'Water Quality
ids Unit
Service Center
C 27699-1650
Dear hfi ; Karoly:
Enclo are 5 copies of a permit application for the T m Brown property oo. Sylva Road
(US 441. 1 am sending the sixth copy directly to Kevin Barnett as per his instructions.
Questio about the envirorunental resources can be directed to me, while stormwater and
site dev pment questions should be directed to Larry Lackey. Mr. Lackey's number is
828-5249185.
yn. 4oujc
Pamela K Boaze
Cc: Kuria Barnett
3 ? '1
Office Use Only: Form Version October 2001
20060500
USACE Action ID No. DWQ No.
L Processing 2[g@ROW[?1
1. Check all of the approval(s) requested for this project: MAR 2 3 20Q6 ® Section 404 Permit
? Section 10 Permit oENR -WATER Q ARMY
IIANDSAND STOF ATER BRANCH
® 401 Water Quality Certification ?V E
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
K Applicant Information
1. Owner/Applicant Information
Name: James Brown
Mailing Address: 556 Highlands Road
Franklin NC 2873,44
Telephone Number: 828-369-5003 Fax Number: 828-369-9416
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
;a
r 0
M. Project Information
1. Name of project: Jim Brown Chrysler Dealership
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Macon Nearest Town: Franklin
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Project is located adjacent to
Smoky Mountains Systems at 19 Smoky Mountain Drive off US 441 just north of the
junction of 441 Bypass and 441 Business
5. Site coordinates, if available (UTM or Lat/Long): 035° 12.0519' N 083° 21.4856' W
6. (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for
each crossing of a distinct waterbody.)
7. Describe the existing land use or condition of the site at the time of this application:
Tract is cleared and partially graded.
8. Property size (acres): 7.95 acre tract and 1.00 tract
9. Nearest body of water (stream/river/sound/ocean/lake): Rabbit Creek
10. River Basin: Little Tennessee River basin
(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/.)
11. Describe the purpose of the proposed work: Provide adequate space for customer parking
and new vehicle display area for automobile dealership
12. List the type of equipment to be used to construct the project: Construction equipment
including track hoe, bulldozer. back hoe
Page 6 of 12
T
f
13. Describe the land use in the vicinity of this project: Commercial businesses to the north and
south of the project include a security system and an auto shop. To the east on the ridge is
residential. To the west is US 441 and across the road is abandoned residential property_
IV. Prior Project History
Jim Brown purchased both an undeveloped tract and the adjacent 1.00 acre tract formerly owned
by Dan Hazager who was developing it for his business. The Hazager tract was never part of this
project, but did hold a permit for placing a culvert and filling wetlands.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
No future permit requests are anticipated
VL Proposed Impacts to Waters of the United States/Waters of the State
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100 year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
W-1 Fill 0.24 no Beaver pond

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at htti)://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.35
Total area of wetland impact proposed: 0.24
2. Stream Impacts, including all intermittent and perennial streams
Page 7 of 12
Stream Impact Site Length of Average Width Perennial or
Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before lm act leasespecify)

S-1
culvert
119 Unnamed tributary of
Rabbit Creek
2'
perennial

" List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
Nvww.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 119'
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
Page 8 of 12
VII, Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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/newetlands/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.
See attached.
Page 9 of 12
e
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htrn If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental. Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Page 10 of 12
x
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
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.
I I Required
Zone* Impact Multiplier
-„ C- *N;+;_+;_
1 1 1 3 --?
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from 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, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage of the site is 8.95 acrea. There are no existing impervious surfaces_ on the site.
The office and associated outbuildings plus the paved parking and display areas will encompass
3.6 acres. A stormwater plan is attached.
XII. Sewage Disposal (DWQ Only)
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.
City sewer
Page 11 of 12
XDL Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
.Y. x ?? e- /tf • a?0o,--
Applicant/A? ent s Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Name: CORBIN KNOB Location: 035.2003911' N 083.3609048' W
Date: 6/10/2005 Caption: Location map of Jim Brown Property on Sylva Rd (US 441),
Scale: 1 inch equals 1333 feet Franklin, Macon County, NC.
Copynqht (C) 1998, Maptech, Inc.
ENVIRONMENTAL ASSESSMENT
JIM BROWN PROJECT
US 441 NEAR RABBIT CREEK
MACON COUNTY, NC
Introduction and Site Description
Fish and Wildlife Associates, Inc. was retained by Larry Lackey to identify and delineate
wetlands on a tract located north of Franklin on US 441. The tract is owned by Tim
Brown who proposes to move a Chrysler-Plymouth-Dodge-Jeep dealership to this
location. The tract is bordered by US Hwy 441 to the west and is adjacent to Smoky
Mountian Systems at 19 Smoky Mountain Drive in Franklin, NC.
Existing Environmental Conditions
A survey of the site was conducted on March 3, 2005. Photographs and a sketch of the
wetland/stream are attached.
Soils
Soil boring outside the wetland area yielded a clayey loam, 5YR4/4 from 0-12 inches in
depth with no mottles. NRCS Soil Survey indicates that soils in the project area are
loamy Udorthent series soils. These soils typically exist where the natural layering of the
soil has been destroyed by earthmoving activities.
Vegetation
The proposed construction site primarily consists of cleared, graded soil, with several
berms and ditches on which young pines, grasses, and blackberries have become
established. As a whole, the site is dominated by bare ground and young vegetation.
Based on nearby forested areas and a small area of mature trees immediately adjacent to
the wetland, the site probably supported a montane oak-hickory forest on the hillside and
ridge with a more mesic community such as Mesic Mixed Hardwood forest along the
stream. Species still persisting in the area included overstory species of red maple, tulip
poplar, and black cherry, with some Virginia pine on drier upland portions of the tract.
Wetlands
There is one wetland on the tract. It is located on the western portion of the site and
extends approximately 275 feet on a north-south axis by 55 feet on an east-west axis,
covering 0.3 5 acres.
Canopy species surrounding the wetland include red maple, tulip poplar, and black
willow with alder in the understory. Herbaceous vegetation included cattails, rushes,
sedges, and microstegium. Soil boring within the wetland at the site yielded a sample
best described as a loamy sand, 5YR4/4 from 0-6 inches in depth, a sandy clay with
organic matter, 5YR4/1 from 6-12 inches in depth, and a clay with organic matter,
5YR4/1 from 12-24 inches in depth. No mottles were observed in the samples. A
sulfidic odor was also detected. Free water in the pit was present at a depth of 5 inches.
Hydrology on the site consisted of the perennial stream flowing through the wetland.
Sediment deposits and drainage patterns occurred throughout the wetland.
This wetland formerly consisted of an open water area with riparian wetlands along the
perennial stream. The drop inlet at the lower boundary of the property had been stopped
up by debris or beaver activity. At some point in the past two years, the vegetation along
the edge of this wetland to the north and west was trimmed back and the culvert
unclogged. Erosion off the surrounding cleared tract has deposited more than 6 inches of
new sediment in the wetland in the last two years. The lower.third of the wetland is a
colloidal suspension of soil particles 3 foot deep.
Waters of the U. S.
The 0.35-acre wetland on the site is fed and drained by a perennial stream (a tributary of
Rabbit Creek), which flows through 285 feet of stream channel within the site. This
stream is confined by culverts on the tracts of land immediately upstream and
downstream of the current site.
The stream has a defined channel for 150 feet where it then disperses across the entire
space occupied by the wetland with no discernable channel. Drainage patterns indicate
that the stream has changed location several times. As this area had been a pond and has
received quite a bit of sediment recently, the stream channel is highly unstable.
The stream varies from 2' wide to 4' wide and was 2" deep. Most of the channel has a
substrate of clay silt. One riffle was present with small gravel and silt. The west bank of
the wetland is formed by the fill slope from the construction of US 441. Alders are the
predominant vegetation. The east bank of the wetland is well vegetated with a mixture of
canopy species and a variety of herbaceous and shrub growth. This is probably remnants
of the original vegetative community. It included dogwood, red maple, black cherry, and
tulilp poplar in the canopy. There was no vegetation along the immediate banks of the
stream, but should have various hydrophytic species in the summer. Evidence of rushes,
sedges, and cattails was noted in nearby portions of the wetland.
During the June 2005 visit to the site, it was noted that the stream channel pattern had
changed. The stream is about 8' wide where it exits the culvert. A delta of sediment has
formed below the culvert, dividing the stream into two channels. One flows along the
east bank and one along the west bank.. The channels are 1.5-2 feet wide and average 2"
in depth. The two channels come back together and flow into a pool around the drop
inlet. As noted in March, this pool has suspended sediment to a depth of 2 feet. A sand
bar has developed along the west bank at the northern end of the wetland.
Diagram of wetland and stream placement on proposed commercial
site, US 441, Franklin, ITC.
US
441
North
Garner's Body
Shop building
0 drop inlet \
pejennial stream
t ?
i wetland I
cos `
X005` ? i
i
I
i direction of
i water flow
culvert
i?
•t ?
i \
I
i ?
i
i
i
i 1
i ?
/ i
?`ennial stream
i I
i ?
i•
Overall wetland
dimensions:
55' z 275'
Total stream
channel length
on site: 285'
?u.n? ?ooS
Smoky Mountain
C-'retPmc hnihlincr
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ; . rY. (3 ro,t;,1 "Ro? p, y Date: - 3~ os
Applicant/Owner: rvw:a County: o lcla_e C,
investigator: `]?" 1`m se { er ??.t_ vt ? c ze State: N e
Do Normal Circumstances exist on the site? No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes F1b Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. rime, --" r c vp -r FArG 9-

h s .?n.ui S st?nt7? r1a,
2.. ?
1
u
10.-
3. At,n u e. SzY'V-,J Jo. 5/s it.
4. ilk- 12.
S. ?utlo?tS sn, r?? 13.
6. 14.
7. Is.
16.
Percent of Dominant Species that are 06L. FACW or FAC _ :z
3
(excluding FAC-). <co
Remarks:
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
Other Saturated in Upper 12 Inches
?
_
_ No Recorded Data Available _ Water Marks
Drift Lines
_
_ Sediment Deposits
Field Obsorv,rtiom:: _ Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: v /v Ic (in.) _ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Oepth to Free Water in Pit: '7 (in.) -
_ Local Soil Survey Data
FAC•Neutra) Test
Depth to saturated Soil: 71 a (in.) _
_ Other (Explain in Remarks)
Remarks: NO

SOILS
Map Unit Name
(Series and Phase): Drainage Class-
Fiold Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions.
inches Horizon (Munsoll Moist) (Munsell Moist) Abundance/Contrast • Structure, etc.

Hydric Soil Indicators:
_ Histosof _ Concretions
_ Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ® (Circle) (Circle)
Wetland Hydrology Present? Yes
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes No
Remarks:
TL ``ii?
-e 5A-', d ? s i(( c? e +L (.c?Tt" WCt-
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March 3, 2005
Brown Property
Wetland area and tributary of Rabbit Creek
facing north

March 3, 2005
Brown Property
Wetland area and tributary of Rabbit Creek
facing south

Ea

June 14 2005
Brown Property
General view of property from US 441
facing east

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June 14 2005
Brown Property
Wetland area and tributary of Rabbit Creek
facing north

o °? v
Jim Brown Chrysler Dealership
NWP 39 Permit Application
Macon County
AVOIDANCE AND MINIMIZATION
Several alternatives for design of the Dealership were considered to avoid or minimize
impacts to the stream and wetland. Given the nature of the business, it is desireable to
display the new vehicles as close to the road and visibly as possible. There is only a
narrow strip of land available between the property boundary and the wetland on the
western boundary of the tract.
Alternative 1 was to purchase or lease the land between the property boundary and US
441. This is a 72' wide strip owned by NC DOT. This land is partly road shoulder and
ROW, partly utility easements. NC DOT has planted it as part of the road beautification
project. This alternative would only be a short term solution to the need for display as the
land will eventually be used for acceleration and deceleration lanes.
Alternative 2 was to relocate the stream to the east, restore sinuousity and bankfull
dimension, and plant appropriate vegetation. Approximately the same amount of land,
i.e. stream plus buffers, would be involved as currently existing, just moved 50 feet to
the east. This alternative would allow ample space for display near the road. This
alternative was deemed not feasible because the car dealership would be dissected by a
gully. Due to the depth and steepness, safety issues would require fencing, trash and
other pollutants would accumulate, and the visual corridor of the business would be
obstructed by fencing. Access to clean out trash and remove tall trees will be necessary.
Alternative 3 is the preferred alternative. This involves piping 119' of stream, re-
establishing a single channel along the eastern bank, and vegetating the stream buffers.
An additional portion of the wetland would be filled to provide space for new vehicle
display and customer access. The relocated stream and associated wetland will be along
the northern edge of the property, not bisecting the tract. Similar issues of trash
accumulation and safety as mentioned in Alternative 2 will still apply, but will be less
conspicuous to the customers. Trash removal will be needed, but no vegetation removal.
I zi
Tim Brown Chrysler Dealership
NWP 39 Permit Application
Macon County
MITIGATION
The proposed alternative will result in the taking of 0.24 acres of Waters of the U.S. This
action will be offset by the restoration of the remaining stream length. At the current
time, the stream is unstable and highly sedimented due to erosion on the tract. The
wetland areas are similarly affected by the sediment. The influx of sediment and the lack
of vegetation has reduced the biological and filtration functions of the wetland.
Restoration of the streambanks, plantings, and stabilization of the surrounding land will
allow the recovery of the remaining wetland. It will also prevent further episodes of
sedimentation into Rabbit Creek. All flow will be directed into the east channel. Willow,
silky dogwood and elderberry will be planted along the streambanks as these species are
most likely to be successful due to the present moisture regime. No herbaceous seeding
will be needed as there is sufficient seed source on site. There is about 0.5 feet of
elevation change between the culvert outlet and the drop inlet, a distance of 165 feet. The
stream channel will be defined for 50+ linear feet and then disperse throughout the
wetland. Some adjustments may be needed when the braided channel is changed to a
single channel.
The owner proposes to place the remaining wetland and stream in a Conservation
Easement to be deed restricted. If acceptable, the land will be turned over to Macon
County.
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: r^o e0 )' -?ro- p{"" U.S `l Date: 3 - 3 i c!
Applicant/Owner: r,r ro County: rne,'Cork,
Investigator: tee, e? State: ,,vim
Do Normal Circumstances exist on the site? Yes
? Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

2. ru?ru
m T F- F C 10.
f
3. ?wl?
O '.ci 4 61U_ I.
1
4. 4.1r 0c\k'e" T.tl:;.t2fs?y 12.
5. r L;,mX a s - _ 13.
6. 0kl-PeY_ 14.
7. o ' c am- 06 L 15.
16.

Percent of Dominant Species that are OOL. FACW or FAC ?'?
(excluding FAC•).
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
-
Stream. Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
Otho( ?CSaturatod in Upper 12 Inches
_
No Recordod Data Available _ Water Marks
- _ Drift Lines
)e_ Sediment Oeposits
Field Obsorv,ition-:• _& Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) _ Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
a Water in Pit: (in.) -
_ Local Soil Survey Date
_ FAC-Neutral Test
turated Soil: (in.) _ Other (Explain in Remarks)
LROMW
Map Unit Name
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mopped Type? Yes No

profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast • Structure. etc.
5YR xAine 100nw sa?&A
P;L, R VIJO 14 - 6 d&u cv
_ ? , rr?em`al

Hydric Soil Indicators:
Histosol Concretions
_
Histic Epipedon _
_ High Organic Content in Surface Layer in Sandy Soils
_
Suffidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime -Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
Glayed or low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Watlend Hydrology Present) es No
Hydric Soils Present) as No Is this Sampling Point Within a Wetland? Yes No
Remarks: r
t - - - Q YYJ? ' vt.le.
Jk, 7s'
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Ch Ps ??. )qC1 a? to
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Approved

December 21, 2005
Jim F. Brown
Jim Brown Chrysler Dealership
556 Highlands Road
Franklin, NC 28734
Project: Jim Brown Chrysler Dealership County: Macon
kP=@f1R0W11P
MAR 2 3 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH

The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to .,
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that%
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved. f ,.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP: Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging Unit (Acres) (Linear Feet) Zone 1 Zone 2
(Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Little Tennessee 041 0. 0 0 268 0 0 0.
06010202
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 'ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
rilliam. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
David Baker, USACE - Asheville
Kevin Barnett, DWQ Regional Office - Asheville
File
R?.sto? ... ... Protect our Stater
1 e??
0EH1R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 91 9-71 5-0476 / www.nceep.net
¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
Attach this cans to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
James Brown
556 Highlands Road
Franklin,NC 28734
DWQ# 06-0500-Macon
A.
Addressee
B. Received by (PNnted Name) C. at Delivery
Fs at- n1_ o6
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
? Certified Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
L Article Number
flFarrsferfrom service fabep 7005 1160 0000 9954 5934
?Ri i Puhn iaw Ilmm?efin Rofnm Roruint ?mcr
UNITED STATES POSTAL SERVI Ll ME
\ P N I ';a?ee?sa d
a co
• Sender: Please Drin?(2l1'r hI6Rf'e, addres
NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
• ...._. .. i??1?r`1?i?titt?E?..i?al?s4?i??til8?f??.?li???1?l??..?1!?1