Loading...
HomeMy WebLinkAbout20060780 Ver 1_COMPLETE FILE_20060509Eco rbt I**- stem PROGRAM INVOICE Steve Martin Breakaway Land Company 9 Clarks Chapel Ridge Road Weaverville, NC 28787 Project: Breakaway County: Madison ccv V ()to - or) RD September 22, 2006 DWQ#: 06-0780 USACE#: 2006-32914-357 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 21-1.0500, 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 Carol Shaw at 919-733-5205. Stream Total amount. of payment 299 linear feet x $ 232.00 = $ 69,368.00 $ 69,368.00 Please mail a check made payable to "North Carolina Ecosystem Enhancement Program" for the total amount to the address below. NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 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must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded.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 PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. ccl?/indy Karoly, DWQ-Wetlands/401 Rebekah Newton, USACE-Asheville Kevin Barnett, DWQ-Asheville !] r= File OCT 2 "ZOQ6 DENR . WATER QUALITY WET.A1403 AND STORMWATER 9RANCN JiZ"tor' ... f:. KAA" ... Prot7 oar .ft-A& AAM? MUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 1919-715-0476 / www.nceep.net O?OF wATFgQG Michael F. Easley, Governor William G. Ross Jr., Secretary 6? -7 f; North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director y Division of Water Quality July 3, 2006 DWQ Project # 06-0780 Madison County ?l D Stephen Martin Breakaway Land Company JUL 0 7 2006 9 Clarks Chapel Ridge Road Weaverville, NC 28787-9527 Dr-14K =waYaaouRL% L ND$ STCA?dVa'.A7fFi t!Mivky Subject Property: Breakaway Scenic Wolf Laurel, Madison County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Martin: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.365 acres of wetlands and 299 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 May 9, 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 activities described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands o Carolina Nm NturallY An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Brealaway Land Company, LLC ` Page 2 of 8 July 3,2006 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 A 0.04 (acres) Fill Wetland B 0.05 (acres) Fill Wetland E 0.005 (acres) Fill Pre-Application 0.27 acres Fill UT to Puncheon Fork 262 linear feet Culvert UT to Puncheon Fork 12 (linear feet Culvert UT to Puncheon Fork 25 linear feet Culvert 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. Brealaway Land Company, LLC Page 3 of 8 July 3,2006 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. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Stream Stabilization (Final Plan Needed) Before any of the impacts authorized in this Certification occur, you must provide and receive written approval from this Office for a final stream restoration plan for the stream segments which currently flow adjacent to the proposed ski slope. The plan must include designs and specifications that meet the definition of stream restoration (or enhancement if no relocation is proposed) according to the latest version of the Internal Technical Guide for Stream Work in North Carolina (available at http://h2o.ehnr.state.nc.us/ncwetiands/strmgide.htm1). The stream and buffer relocation must be constructed, maintained, and monitored according to the plans approved by this Office. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. The created stream must be preserved in perpetuity by use of a conservation easement or other similar mechanism as part of this approval. A. Deed Restrictions - Deed restrictions or similar mechanisms shall be placed on the lot to assure compliance with the conditions of this variance approval. These mechanisms shall be put in place prior to impacting any waters or buffers. The Deed Restrictions shall include the following paragraph. Brealaway Land Company, LLC ' Page 4 of 8 July 3, 2006 "The areas shown on the recorded plat as Riparian Buffer Protection Areas shall be maintained in perpetuity in their natural or mitigated condition. No person or entity shall fill, grade, excavate, or perform any other land disturbing activities; nor cut, remove, or harm any vegetation; nor construct any structures or add any additional impervious surfaces, on such protected areas without written authorization from the Division of Water Quality (DWQ). This covenant is intended to ensure continued compliance with authorizations issued by the State of North Carolina, Division of Water Quality, DWQ Project Number 03-1030, and therefore may be enforced by the State of North Carolina. This covenant is to run with the land, and shall be binding on the Owner, and all parties claiming under it." B. Riparian Buffer Protection Areas - The "Riparian Buffer Protection Areas" shall include all restored riparian buffers as a condition of this approval. (25 linear feet from top of bank on both sides of all jurisdictional streams). 7. Diffuse Flow All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream. If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 8. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. 9. Turbidity Standard The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 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. Brealaway Land Company, LLC Page 5 of 8 July 3, 2006 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. 12. Deed Restrictions Deed restrictions or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers throughout all properties contiguous with the properties disclosed within this application (and any future parcels contiguous with these properties to be developed) 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. Brealaway Land Company, LLC Page 6 of 8 July 3, 2006 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. 15. Riparian Zone Replanting Replanting of vegetation within disturbed areas located within 25 feet of the streambank or wetland edges, 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.) 17. In stream construction and disturbance shall be prohibited within 25 feet of the top of banks except where permitted crossings will occur. 16. 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. 17. 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. Brealaway Land Company, LLC Page 7 of 8 July 3, 2006 18. Sandbags, flexible pipe, or other diversion structures should be used to avoid excavation in flowing water. Materials used for flow diversions must be removed from the stream bed after completing the construction work. Any diversion channels must be lined with fabric and/or rock. 19. 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. 20.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. 21.All crossings should be constructed as close to perpendicular to the stream channels as possible to minimize stream and buffer disturbance. Road and utility alignments should be set-back as far as possible from stream channels to minimize sedimentation and buffer disturbance. 22. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) should be reestablished upstream and downstream of the stream crossings if it is removed during construction to provide bank stability and shading. We encourage the use of native plants that must be removed from permanently disturbed areas. 23.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. 24. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 25.The remaining lengths of streams and riparian areas on the tract should be protected in either their existing or improved state (i.e. with native vegetation reestablished where absent) in perpetuity from fill, vegetation removal, and other forms of disturbance with deed restrictions or similar instrument. A riparian buffer width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers are recommended to provide more water quality and habitat functions. 26.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. 27. Bottomless Culverts must span from high bank to high bank. The digging of footers which change the flow of the stream, or otherwise impact the natural course on the stream are prohibited. 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. Brealaway Land Company, LLC Page8 of8 July 3, 2006 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at either Kevin. Barnett(ancmail.net or at 828-296-4657. Sincerely, for an W. Klimek, P.E., Director Division of Water Quality AW Klkhb Enclosures: GC 3402 Certificate of Completion Guidelines for Riparian Buffer Restoration cc: USACE Asheville Regulatory Field Office Cyndi Karoly, DWQ 401 Central Office DLR Asheville Regional Office David McHenry, NC Wildlife Resources Commission File Copy Central Files Filename: 06-0780. Breakaway.approval P't I**-- -?Ecos stem k PROGRAM Clement Riddle Clearwater Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 May 12, 2006 Project: Breakaway County: Madison 'DwA ZCO(ovT 8o (= R1601 p@wwm P MAY 3 0 2006 DENR - WATER QUALI TY WETIM08 AND B owNATEA BWl9 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. 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/LAMA 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 i Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Riparian on-Riparian Coastal Marsh Cold Cool Warm French Broad 0 0 0 0 299 0 0 0 06010105 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 Chris Mankoff at (919) 716-1921. Sincerely, U FOZ William D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Rebekah Newton, USACE - Asheville Kevin Barnett, DWQ Regional Office - Asheville File R"t7oraetg... ... Prot" 0" .State, ALMA NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Triage Check List Date: 5/11/06 Kevin Barnett, Asheville Regional Office To: 60-day Processing Time: 5/09/06 to 7/07/06 From: Cyndi Karoly Telephone: (919) 733-9721 Project Name: Breakaway DWQ #:06-0780 County: Madison The rile attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. 300 N. Main Street, Suite 202 Hendersonville, NC 28792 (828) 698-9800 FAX (828) 698-9003 Ms. Cyndi Karoly NC Division of Water Quality 2321 Crabtree Blvd Raleigh, NC 27604-2260 LETTER OF TRANSMITTAL P/1' RECEI! D DATE: 5-08-06 PROJECT: ATTENTION: RE: Breakaway 2 0 0 6 0 7 8 0 WE ARE SENDING YOU ? ATTACHED ? UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: COPIES DATE NO. I DESCRIPTION 5 Mav 8.2005 Nationwide Permit 39 reouest THESE ARE TRANSMITTED AS CHECK BELOW: ® For approval ® For your use ? As requested ? For review and comment ? Approved as submitted ? Approved as noted ? Returned for corrections ? Materials returned after loan to us ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints MAY ? X106 REMARKS: pFt?! R; ti ??t??axr y ???nr+M?gH i?n'w Enclosed are 5 copies of 401 Nationwide Permit 39 applications. We have sent copies directly to Kevin Barnett, DWQ Asheville office and Dave McHenry, NC WRC in Waynesville. Please do not hesitate to contact me if you have any questions or comments regarding enclosed report. COPY TO: Kevin Barnett, WRC, USACE SIGNED: CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. z Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 0 7 8 0 k.i a„y pa, t UU a, ,«,,. ,S uui app,icaoie Co mis project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules F] Section 10 Permit Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: 7% 7 WD II. Applicant Information the 1. Owner/Applicant Information M Name: Mailing Address c/o Steve Land Company, L.L.C. :X 9 Clarks Chapel Ridge Rd Weaverville NC 28787-9527 Telephone Number: (828) 689-2020 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: R. Clement Riddle Company Affiliation: Clearwater Environmental Mailing Address: 718 Oakland Street Hendersonville NC 28791 Telephone Number: 828-698-9800 Fax Number: 828-698-9003 E-mail Address: criddle(a,cwenv.com Page 5 of 13 i III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Breakaway 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): P.B. 360 PG. 254 4. Location County: Madison Nearest Town: Mars Hill Subdivision name (include phase/lot number): Breakaway Directions to site (include road numbers/names, landmarks, etc.): North on I-26 from Asheville. Take Exit 3. Take a right at the bottom of the off ramp Go 200 yards to the "°T" intersection ad take a left. Go approximately 1 mile and take a left on Laurel Valley Road Go approximately % mile and take a left on Puncheon Fork Road Go several miles and take a right onto Wolf Ridge Road. Go uD Wolf Ridge Road about 1 mile There are signs for Breakaway on your left. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 3556.77 ON 8230.93 °W 6. Property size (acres): Phase I approximately 48 acres 7. Name of nearest receiving body of water: Puncheon Fork 8. River Basin: French Broad (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/.) Page 6 of 13 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The proposed ski slope was cleared and graded in February- March of 2006. The remaining site is forested with numerous logging roads Land use in the vicinity includes residential resort development ski slopes and commercial buildings 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project includes, a ski slope ski village center (lodge rental equipment equipment storage, and shops), residential housing and roads. Equipment used includes bulldozers backhoes 11. Explain the purpose of the proposed work: The purpose of the work is to construct a ski slope and village center. Impacts are proposed to allow suitable area to for the ski lift ski slope and essential facilities associated with the ski village center and project purpose IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Mr. Kevin Barnett, NCDWQ, visited the site in March 2005 and notified the applicant of the presence of jurisdictional streams and wetlands The applicant has since had all jurisdictional areas within Phase 1 of Breakaway delineated Steve Lund USACE and Kevin Barnett attended a pre-application meeting on April 18, 2006 at the site to examine 'urisdictional areas and discuss proposed project plans and discuss unauthorized impacts The following information in this application is the result of this meeting. 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. Yes, Phase II ski resort and road system may affect jurisdictional areas However, planning design, and environmental studies have not been completed at this time Page 7 of 13 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The applicant is submitting this after-the-fact permit for the previous construction activities and proposed activities These activities include the construction of a ski slope The location for the proposed ski slope was part of the original Wolf Laurel Ski Resort Master Plan most of which was built 30 years ago. The applicant obtained a sediment and erosion control permit to construct the project in the fall of 2005. At the time of land clearing the applicant was unaware of any stream or wetlands within this area of the project During land clearing activities there was water sheet flow in several- locations on the proposed ski slope The applicant constructed a new channel-ditch on the southern side of the ski slope Following this activily, the applicant was notified by the NC Division of Water Quality that this newly constructed manmade channel was a stream and that this project contains jurisdictional waters of the US (wetlands and streams). The applicant has since stopped all work in wetlands/streams and has held an on site meeting with Kevin Barnett NCDW and Steve Lund USACE to discuss the Project. permitting, existing impacts and jurisdictional areas 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flnndinu Wetland Impact Site Number Type of Wetland Located within Distance to Nearest Area of (indicate on of Impact Type (e.g., forested, marsh, 100-year Flood lain Stream Im act p map) herbaceous, bog, etc.) (yes/no) (linear (acres) feet) A Fill Seep No 10 0.04 B Seep No 150 0.05 E Seep No 10 0.005 Pre-application Fill Seep No 0.27 Total Wetland Impact (acres) 0.365 3. List the total acreage (estimated) of all existing wetlands on the property: ApproximateJy 0.43 acres total (disturbed and undisturbed) for Phase 1 Page 8 of 13 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number (indicate on ma) 1 Stream Name N/A Type of Impact N/A Perennial t Intermittent? N/A Average Stream Width Before Impact N/A Impact Length (linear feet) Area of Impact (acres) N/A 2 UT to Puncheon Fork Culvert Perennial 3 262 .01 3 UT to Puncheon Fork Culvert Perennial 3 12 0.0008 4 UT to Puncheon Fork culvert perennial 3 25 0.0017 Total Stream Impact (by length and acreage) 0.012 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred2ina, flooding. drainage- hullchenrle etc Open Water Impact Site Number (indicate on ma) N/A Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project- Stream Impact (acres): 0.012 Wetland Impact (acres): 0.365 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.377 Total Stream Impact (linear feet): 299 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Page 9 of 13 8. Pond Creation NONE If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Wetland impacts occurred during the construction/grading of the proposed ski slope Based on our discussions with Steve Lund, USAGE, it is our opinion that the ski slope area contained small wetland seeps along the ski slope area. Based on the size of delineated wetland seeps ClearWater Environmental estimates that unauthorized impacts to wetland seeps total approximately 0.27 acres. Impacts were the result of grading the ski slope to an appropriate percent slope and adequate width for skiing and safety. As a result of the slope construction a new stream channel has been constructed along the southern edge of the ski slope The banks are well defined and a considerable effort has been made to stabilize the stream banks (pictures attached) As a result of the pre-application meeting with DWQ and USACE the applicant has made numerous revisions to the site plan to accommodate the proposed village center. The Village Center at Breakaway is an essential part of the project purpose The village will incorporate ski operations, lodge, shops dining and In order to accommodate these facilities the applicant is proposing to impact 299 linear feet of stream Breakaway's original village center design would impact approximately 430 linear feet Several changes to the site plan now incorporate the stream within the project area The elimination of approximately 130 linear feet of proposed impact is a significant avoidance measure undertaken b the applicant The applicant has also minimized impacts by utilizing old logging culverts and reducing the width of stream disturbance at the proposed road crossings 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. Page 10 of 13 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Breakaway is proposing to mitigate for 299 linear feet of impact to streams by participating in the NC Ecosystem Enhancement Program It is important to note that this stream channel was created by the applicant during land clearing activities Approximately 550 linear feet of newly constructed stream channel will be avoided as it flows along the southern border of the new ski slope No mitigation for wetlands are proposed as impacts to wetlands are minor. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.ne.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres):_ Amount of Non-riparian wetland mitigation requested (acres Amount of Coastal wetland mitigation requested (acres): Page 11 of 13 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes E] No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* impact (square feet) Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Total Zone I extenas out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or .0260. Page 12 of 13 XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Impervious area for Phase I of the Project is approximately 20 percent. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Connect to centralized private waste water facility. XM. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ? Is this an after-the-fact permit application? Yes ® No ? XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No ? If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP IN LIEU FEE REQUEST FORM NOTE: Revised 4/19/06 Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes. ?1. Name of Applicant or Agent i ---- -- Clement Riddle 2. Name of Business of Applicant or Agent ? Clearwater Environmental Consultants Inc. j 3. Mailing Address (Street or PO Box) , F __------------ -- -_ 718 Oakland Street 14. City, State, Zip E __..-----_-._- Hendersonville, NC 28791 5. Telephone (eg, 919-555-1212) i - 828-698-9800 6. Fax (optional) 828-698-9003 ? 7. E-mail (optional) ? -- iddl n f ___._____.-__. ___- .-P._ 8 Gr e@cwe v.com --- roject . Name i Breakaway j 9. Project Location (nearest town, city) i I Mars Hill 10. Lat-Long Coordinates (optional) C 11. Project County 35 56.77 N 82 30.93W Madison 12. River Basin - --'--- t 1 French Broad 13. Cataloging Unit (8-digit) 06010105 j 14. Riparian Wetland Impact (ac.) (e.g., 0.13) N/A i 15. Non-Riparian Wetland Impact (ac.) ! N/A 16. Coastal Marsh Impact (ac.) i I N/A 17. Stream Impacts-Cold (ft.) (e.g. 1,234) 299 18. Stream Impact-Cool (ft.) NN/A 19. Stream Impact-Warm (ft.) N/A ?~ --- - I 20. Buffer Impact-Zone 1 (sq. ft.) (e.g. 12,345) _ j N/A - ------ 21. Buffer Impact-Zone 2 (sq. ft.) ( N/A Check) below if this request is a: _ revision Signature pplicant or Agent: to a current acceptance, or re-submission of an expired acceptance - i A-n g; I Date: ' Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River basins, and the Randleman Lake Water i Supply Watershed. For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page: http://cfpub.epa.gov/surfAocaterindex.cfm Direct all questions to Chris Mankoff at 919-716-1921 or Chris.Mankoff@ncmail.net rt w i I ?r + r + r? > sp.p c Bpq4CH 52 / r ? ?? ?l ? ? /) fishy ' - •??"'r Boar ort ` \ J ``! ^ `,-, 1. 127 f `rc f? ?/ r y 4 i ( ? /J L r ?y 1i 'J;tt yy }"' ? ? r .,: ? _ ? iw ?? JI---J??' (- y???? ? ? ? Ate' ? Y \ ? : ? ?i •> r. 21 JTy: i. i tiy' _ pv, 2 .,e i-I,-'-'*-. ?t, '. 4 ?v. ,a ? fit- '?t`?'? r-: J (??, `' ! r ,? ,n ,w_2 ? r ? Y, 1 VI, All ?" ?ti ? l?? ' ter.. .o? -l?l . • 1''? ? ? ?? M„ m? 1 I s._ CLEARWATER Breakaway Environmental Consultants, Inc. Madison County, 718 Oakland Street North Carolina Hendersonville, NC 28791 Vicinity Map Figure 1 B2-33000' W 05/04106 11}1 - , 8r32 ow w 82- 31.00d W 82.30 OOd W M 6¢•z9 r o w ?i S1 -77 ITY l o? i ( e?oa.m {??'ta C ?? (,1+'n tjTtl atl c (? ? _? } / t? o It ll 5 ?? F ?' ??? _ - 00 ^I t \ i Ste. 9 z ti pn C-j rIte` f ,? J Project Site 11 1. p v p 1 r ?. ./ i l? r l r ?r 1 r? N1=s iii ! 5J r? -_i ,( t s ?Z (_ '?li ?r K I r 7 A LN g (?, T t '*z i F .Yn y, 1 .l f ? I (? ems. ? tw Ga3- . 82.33.000' W Br32.00d W _ • JQ -% 82.31.000P W 82.30.000, w -G584 8r29.000, w MNfTN Q ? „? .. po?tSkll 1 •ro iOwif6 Mp wY.tl ?QY TOPoN OID¢t N.GSd O.?yYY (...ymlpy?.pY? ®nopo) CLEARWATER Breakaway Environmental Consultants, Inc. Madison County, 718 Oakland Street USGS Sams Gap Topographic Map North Carolina Hendersonville, NC 28791 Figure 2 828-698-9800 9o0Z AV" '*u"9, 81B-ol9 °,• NVId 311S - S,LDVdWI g C? 5 p :a o MI-09-M :o?o4d LSLK VNnOlIVO HL??lIO0N '3TINN3AV3N 131111 ONNIVLD :oN W(W aoo '1S NIVN 'N CUrL,L %06 '0'd VNnouvo N1MON 138n1 eIOM 1.1Nn00 NOSIOVN 1 10 l ioo4 NN Mw lA:1 G?:f.'e'r 1G PIi Lnr l'fl a,l ,Pi A7 1181HX3 10483d 1L7?1 N7:)v9 "I ll l.. ==R- NIY` 2440040 0 )d 'dnu) will ?T)??pJ AIN1no?o/ NOSIC/e?N ' 1/38n?yi --1oM ? YO SNOKSIWB SNOKN321 'ON NHr u6p _-'`•••r'`?••... /? V M V /l V ??? :'ON 1004! C'ati _ DC C=b Ing Q. ? 00 Z ? ' 0 \0.? \ j if lie Ss i /" ?j?, by ' 4 8 0 5 a 0 i 1, r \ ` Bj \ d ISO I 1 -Al ?, I I, I !r ? `? ?` _ .... ?4 \ ` `Ily ?a?^ \•?? \\ •??? -•.,,,wM ? i b'I?\ fly • , ? 0111 117 \ •? ? ti `;\ \ 47 D Ix \ .il 'k , DOZ. / '04 j d I, I 1 I AIDQ w ' ........... u:,...... 'Ise \`- i '`•\ .. , ..Arlo.,...... Dl i I i ! \, Yl W4 stag • I j1' P' I ?\/ , ? I a , \` PSI x?'Y ?P ..? - , 1 r m op, , , w 1 O, boo _... / ' TA- i i 1 , I j ?' I ! i !fit M. , n .i Fy v .. Ium .\? 9.19 p4 + ,dy / , I/ r A II , ..._... Deer .: ?? ?. ? ? ? ? , +? d N i? ?./ I /! ? ?•N i./ I PPee ? ' n, y 4 x , r _. y . - Preliminary Threatened and Endangered Species Survey For Breakaway Madison County, North Carolina April 27, 2006 1.0 INTRODUCTION Clearwater Environmental Consultants, Inc. is pleased to provide the following report on our preliminary protected species literature review for Phase 1 of Breakaway in Madison County, North Carolina. The site ranges in elevation from 4,080 ft to 4,330 feet msl. The property is accessed by Wolf Ridge Road. The property is surrounded by private property to the south and east and Wolf Laurel Ski Resort to the north (Figure 1). The preliminary threatened and endangered (T&E) literature review for the project site was conducted to determine the occurrence of or the potential for existence of federally listed threatened or endangered animal and plant species on the proposed site. Completion of this survey was directed by and complies with three current state and federal regulations, Federal Endangered Species Act of 1973 (16 USC 1531-1543) (ESA), North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22). 2.0 METHODOLOGY A preliminary protected species audit was conducted in April 2006, on the site by Clearwater Environmental Consultants, Inc., to determine the potential for occurrences of animal and plant species listed threatened and endangered by current Federal or State regulations. Database information from the U.S. Fish & Wildlife Service (USFWS) dated May 8, 2006 (attached), provided existing data concerning the presence or potential occurrence of threatened or endangered species in Madison County, North Carolina. The USFWS lists the following three federally threatened and endangered species as occurring or potentially occurring in Madison County: Madison County Common Name Scientific Name Status Gray Bat Myotis isencens Endangered S tfin Chub Hybo sis monacha Threatened Oyster Mussel Epioblasma ca saeformis Endangered Bog Turtle* Clemmys muhlenbergii S/A April 27, 2006 Page 2 of 5 The N.C. Natural Heritage Program records (attached) for the USGS Sams Gap topographic map indicate no records or occurrences of the federally endangered plants or animals in this area. 3.0 FEDERALLY LISTED SPECIES AND ACKNOWLEDGED HABITATS The following is a brief description of each listed species and its recognized habitat: 3.1 Spotfin chub, Federally - - - T listed as a threatened species is a small species growing to a; , maximum size of 92 millimeters' - v T 4 standard length. The body is } ?iF elongate; the mouth inferior; usually there is one pair of P z, } minute, terminal labial barbells; scales moderate to somewhat small in size; a distinctive large black spot is present in the caudal region. The spotfin chub is restricted to the Tennessee River drainage where it once occurred widely in 12 tributary systems distributed over five States. Presently, this species is known only from the lower North Fork of the Holston River, Virginia and Tennessee; the Emory River System in Cumberland, Fentress, and Morgan Counties, Tennessee; and the upper Little Tennessee River, North Carolina. The spotfm chub inhabits moderate to large streams, 15 to 70 meters average width, with a good current, clear water, and cool to warm temperatures. These streams have pools frequently alternating with riffles. The fish has been taken from a wide variety of substrates, although rarely, if ever, from significantly silted substrates. The unnamed stream is not included in the Tennessee River drainage, and is a small stream that is not suitable habitat for the Spotfm chub. April 27, 2006 Page 3 of 5 3.2 Gray bat, Federally listed as an endangered species is the largest member of its genus in the eastern United States, the gray bat weighs from 7 to 16 grams. Its forearm ranges from 40 to 46 millimeters in length (U.S. Fish and Wildlife Service, 1982). One feature that distinguishes this species from all other eastern bats is its un- colored dorsal fur. The other bats have bi- or tri-colored fur on their backs. Also, the gray bat's wing membrane connects to the foot at the ankle instead of at the base of the first toe, as in other species of Myotis (U.S. Fish and Wildlife Service 1982). Populations are found mainly in Alabama, northern Arkansas, Kentucky, Missouri, and Tennessee, but a few occur in northwestern Florida, western Georgia, southwestern Kansas, south Indiana, south and southwestern Illinois, northeastern Oklahoma, northeastern Mississippi, western Virginia, and possibly western North Carolina. Gray bat colonies are restricted entirely to caves or cave-like habitats. During summer the bats are highly selective for caves providing specific temperature and roost conditions. Usually these caves are all located within a kilometer of a river or reservoir. In winter they utilize only deep, vertical caves having a temperature of 6-11 degrees Centigrade. Consequently, only small proportions of the caves in any area are or can be used regularly. There are nine known caves that are believed to house roughly 95 percent of the hibernating population. Banding studies indicate the bats occupy a rather definite summer range with relation to the roosting site and nearby foraging areas over large streams and reservoirs. Summer colonies show a preference for caves not over 1.2 miles from the feeding area. Caves were not found therefore the site is unsuitable for the Gray bat. 3.3 Oyster mussel, Federally listed, as an endangered species inhabits medium-size streams to large rivers on shoals and riffles in course sand/gravel/cobble substrate. It is not associated with small stream habitats and does not extend far upstream in tributaries. It prefers water depths of less than three feet and is sometimes found associated with water-willow beds. The oyster mussel is a small species (adults 50 - 70 mm) that exhibits pronounced sexual dimorphism (male and female shells differ in form). Shells are yellowish- green with numerous narrow green rays and the nacre is bluish-white to creamy in color. Male shells are elliptical in shape while female shells have a swollen posterior end, which is dark green in color. The species has two lateral teeth in the left valve and one lateral tooth in the right valve. Two small pseudocardinal teeth are present in each valve. Historically, the oyster April 27, 2006 j Page 4 of 5 mussel was one of the most widely distributed Cumberlandian mussel species. The main stem Cumberland and Tennessee Rivers, as well as many tributaries harbored this species. The species has been extirpated from much of its range and only a few populations still exist in Cumberland River tributaries. The small creeks on-site are not suitable habitat for this species. 3.4 Bog turtle, federally listed as a threatened species by similarity of appearance with the northern bog it N turtle. Bog turtles are easily distinguished from other turtles by the large, conspicuous bright orange, yellow or red blotch found on each side of the head. Adult bog turtle shells are 3 to 4-1/2 inches in length and range in color from light brown to ebony. Habitat would include sunlit marshy meadows, spring seepages, wet cow pastures, and bogs. The preference would be narrow, shallow, slow-moving rivulets. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the Service is designating the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. Suitable habitat for this species was not found. No impact to bog turtles is expected from this development. 4.0 EXISITNG SITE CONDITIONS The site consists of the following four habitat types, wetlands seeps, small tributary headwater stream, upland maple birch forest, and cleared areas. 4.1 Wetland Seep - These small areas have few canopy trees growing in the seeps. However, adjacent upland tree vegetation does shade most of the sites. Other species observed include sphagnum, Trillium sp., and may apple (Podophyllum peltatum). Vines observed included Smilax sp and rubus sp. April 27, 2006 Page 5 of 5 4.2 Upland Forest - This upland habitat is found on-site at the higher elevations and is dominated by sugar maple (acer sacharrum), sweet birch (Betula lenta), and yellow birch (Betula alleghaniensis). Other tree species include white ash (Fraxinus americana), northern red oak (Quercus rubra), yellow buckeye (Aesculus octandra), and striped maple (Acer pennsylvanicum) . Understory species observed include white ash, northern red oak, fire cherry (Prunus pennsylvanica) and yellow buckeye. Shrubs consisted of Mountain Laurel (Kalmia latifolia), and rhododendron (Rhododendron maximum). Herbaceous plants observed include mayapple, bloodroot (Sanguinaria canadensis) wild sarsaparilla Rattlesnake root (Prenanthes sp.), jewel-weed (Impatiens capensis), and Indian cucumber root. Impact to this habitat is not likely to affect listed species. 4.3 Cleared area - The proposed ski slope and roads were cleared under an existing sediment and erosion control permit issued by the N.C. Division of Land Resources. Most of this area is still under construction and has no natural vegetative habitat features at this time. 4.4 Unnamed tributary - The unnamed tributary consists of a man-made channel that was constructed in late winter of 2006. The banks have been matted and stabilized but the stream bed is relatively new and disturbed. 5.0 FINDINGS ClearWater Environmental Consultants, Inc., performed a comprehensive threatened and endangered species survey, in the vicinity of proposed impact areas at Breakaway, Madison Country N.C., in April 2006. Specifically the survey targeted listed federal species. No protected species were identified on-site by personnel from Clearwater Environmental Consultants, Inc. Therefore, it is the opinion of Clearwater Environmental that impacts to protected species are not likely to occur as a result of this project. 6.0 Conclusion During completion of threatened and endangered species habitat assessments for Breakaway, no listed species were observed. It is the opinion of C1earWater Environmental Consultants, Inc. that federally and state protected species are not likely to be present within the site. As such, development of the proposed property is not likely to cause an adverse impact to any threatened or endangered species. Although no threatened and endangered species were identified during this survey, because of the transitory nature of some of the listed threatened and endangered species and the particular flower/fruiting periods of some plants, it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. Breakaway Madison County, North Carolina CLFARWATFR Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 Vicinity Map Figure 1 05/04/06 92.90.000' W WGS54112'29.000' W 1 51 t )( 0?ti U?? -`?? i F J C l,1 7 O? El _- ? ? F? I'`? ?? 1 ? r sw9 ??? ? , ? r j k I / ,?? ? ?\ ; ? ? ` ? _ \??? N-? ? /- ? l Hwt'????.{ { ? ? i j ?` ??I . !- l / ? 1 / `,??.. ?. ?ASOUI?.A?/ r.a D ?, ?., ?{ n a Z) - J1 1 /r 1 F l _ Project Site JJ » Z, ?(? ,,? 3 I, L l v 5 ??"`?ac? ? ? (.ao?? L ??-. ,.?'? lam/' f` r? , ?? ?`? I ?? .J ? • ??'o?, .'?aY? i I )PI CX\ ?_-.??? i^~'?. ,l'?1?'. -i?l?!? i?t.?y ? r -?7 ? ; ?,,I? ??;?F?•"? /. ,-4o/-.?I,r (9 yt'.? ?1? 1 ( ,? z ? r n 1<- u1Di a' --' lea 1 ??? ` *bl _ 1 ? ? ( ? J; I I 1 ? '1 = J ~? ? ) ??? -? S i ? G J Y 1 C ?\- t v 2;.??? t ?1ti ? -,)_,?l )?11'???il lt'\ ?`,1.C},1 ?1.?? ???•?l`. "',kd / F i?(r? J 1 `'\J \ ff V g `, ^ `/J? ?1 Vf 41 % -a \ ` e_{` ?? A 7Y r( l > g; ]"(1= Z ?> >"? 'fi fir( lid y 1Ff I /? ??, i'` I [ t \I ?,y,/ _,L Jib V J}1 ?'•. S 1 e) J l <1 z s ? 4 I rJ ? - wJ .:,r?m'r'h?V A c l ? l Fr G ( ?J -J 7 J:f 92.33.000' W 92°32.000' W 92.31.000' W 112.30.000' w WG 92°29.000' W r ??9i a morme ?ye?a.?tueowemx.e?o? 1...++e.b??apo) j CLEAR 1 I ATM Breakaway Environmental Consultants, Inc. Madison County, 718 Oakland Street USGS Sams Gap Topographic Map Hendersonville, NC 28791 Figure 2 North Carolina 828-698-9800 Madison County Endangered Species, Threatened Species,Federal Species of Concern, an... Pagel of 2 Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Madison County, North Carolina Updated: 04-27-2006 Common Name Vertebrate: Bog turtle Eastern small-footed bat Gray bat Hellbender Lake sturgeon Mountain blotched chub Northern saw-whet owl (Southern Appalachian population) Olive darter Paddlefish Rafinesque's big-eared bat Southern Appalachian eastern woodrat Spotfin chub (=turqoise shiner) wounded darter Invertebrate: French Broad crayfish Oyster mussel Sculptured supercoil Vascular Plant: Butternut Scientific name Clemmys muhlenbergii Myotis leibii Myotis grisescens Cryptobranchus alleganiensis Acipenser fulvescens Erimystax insignis eristigma Aegolius acadicus pop. I Federal Record Status Status T (S/A) Probable/potential FSC Current E Current FSC Current FSC Historic FSC Obscure FSC Current Percina squamata FSC Historic Polyodon spathula FSC Historic Corynorhinus rafinesquii FSC Historic Neotoma floridana haematoreia FSC Current Erimonax monachus T Etheostoma vulneratum FSC Cambarus reburrus FSC Epioblasma capsaeformis E Paravitrea ternaria FSC Juglans cinerea FSC Historic Historic Current Historic Current Current http://nc-es.fws.gov/es/cntylist/madison.html S/Ri?nnA Madison County Endangered Species, Threatened Species,Federal Species of Concern, an... Page 2 of 2 Cuthbert turtlehead Chelone cuthbertii FSC Current Darlington's spurge Euphorbia purpurea FSC Current Gray's saxifrage Saxifraga caroliniana FSC Current Mountain Thaspium Thaspium pinnatifidum FSC Current Mountain catchfly Silene ovata FSC Current Piratebush Buckleya distichophylla FSC Current NonvascuIar plant: Definitions of Federal Status Codes: E endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T'= threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." P = proposed. A taxon proposed for official listing as endangered or threatened. C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) FSC = federal species of concern. A species under consideration for listing, for which there is insufficient information to support listing at this time. These species may or may not be listed in the future, and many of these species were formerly recognized as "C2" candidate species. TOM = threatened due to similarity of appearance. A species that is threatened due to similarity of appearance with other rare species and is listed for its protection. These species are not biologically endangered or threatened and are not subject to Section 7 consultation. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. Definitions of "Record Status" qualifiers: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. i http://nc-es.fws.gov/es/cntylist/madison.html SIR19MA NC NHP Quad Search Page 1 of 1 NC NHP Quad Search Results New Search Returned Elements: 10 using: SAMS GAP [Natural Community 4] [Vascular Plant 41 [Vertebrate Animal 2] Major Scientific Name Common Name State Federal State Global Group Status Status R k Quad -Status Map - . Natural an Rank Habitat Boulderfeld forest None None None Community S3 G3 Sams Gap-Current Link Natural High elevation red oak Community forest None None None S5 G5 Sams Gap-Current Link Natural Northern hardwood forest Community (typic subtype) None None None S4 G5 Sams Gap-Current Link Natural Rich cove forest None Community None None S4 G4 Sams Gap-Current Link Vascular Euphorbia purpurea Glade Spurge SR-T FSC Plant S2 G3 Sams Gap-Current Link Vascular Hydrophyllum Plant macrophyllum Largeleaf Waterleaf SR-P None S2 G5 Sams Gap-Current Link Vascular Meehania cordata Meehania Plant SR-P None S2 G5 Sams Gap-Historic Link Vascular Silene ovata Plant Mountain Catchfly SR-T FSC S3 G3 Sams Gap-Current Link Vertebrate Northern Long-eared Animal Myotis septentrionalis SC None S3 G4 M yotis Sams Gap-Current Link Animal rate Sylvilagus obscurus Appalachian Cottontail SR FSC S3 G4 Sams Gap-Current Li nk NC NHP database updated on: Thursday, May 4th, 2006. Search performed on Monday, 8 May 2006 @ 13:18:14 EDST Explanation of Codes http://207.4.179.38/nhp/quad.php c/QIIAAK , n , .I ~ 1 Y• ~ ! ~ _ , o ~ .r v ~ ~ i r ~a ~ ~ s+~ ~ ~ $ al'/ ~ Z l f~i: , W / r l F. _ i , r _ _ - ~ , ~ ~ , ~ ~ d, r - 1, ~ r ~ i` Q E t ~ , . - ~ • ~ / J' - Y ~ ~ ~ ~ ' ~ ~ _ 7~ ~ ~ - i e 0 ~ „t~ i y^~ 1 fl / ~ r { " ~ ~ ~ 1! ~ ; m ~ - 'b ~ r ~ ~ ~jr1 ,r' G... 1 _ ° ~ ,a ~ ~ ~ _ ~=e it ~ , i~ r R 1 MARS HILL ~ q. ~ ~ ~ t { ~ b ~ 4 ~ ,~9 J ~ ~r ~ ~ ~ Y " ~ ~ 8 ~ ~ ~ ~ ~ f R~ ~ \ I~ ` ,f . r ~ (A ~ Z ` ¢ A~ ~ ~ J ~ ~ ~ ~ A , ' 1 ~ ~ .y ? ~ 4 ~ / x a ~ ° MARSHALL e ' ' 4 X, ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ , w, ~ S i p ~ ~ + ~ ~ ~ ~ ~a i . ~ ~ , s i ~ r s s ~ l 99 C- R ~ i R m ~~,i ~ O arn, r^+ , n ~ „e -md' l ~ ~ ' 8 9, 4i $ ~ ~ ~ ~ ~ Z r:: I O ~ (A ~ ~ I i ~ 1 1 r y ~ P ~ , 1 ~ f~°r~` ~ ~ r ~ W f ~Fl r' ~ ~ ~ ~ ~ _ ~ - ~ ~ ~ ~ ~ ~ UNTY MAP ~ , I50N CO MAD _ ~ ~ ~ ~ s r n'"''°r~ ~ a ~ ,,I ' ~r ~ ~ NOt '~D $QA~ t ~ ~ ~ ' ~ ~ ~ i r~ ~ ~ ~ w ~ ~ ~ Z ~ L ~ ~ ~ ~ ~ r~.. ~ . .1 .c _ _ i _ ,a. - ~ f r ~ ' ! d ~ ~ ~ < ' ~~B~~Afi~Al~L~~1D C0 ~~L.~.~., y ~J ~ ~ ~ i 1 # s : 254 e @ f f ~ ~ _ r"~ s r • SO.ere~.~ ~ ~ ' ;~`~~r ~ ~ i' ~ i r _ ~ ~ ~ , ~ ~ 1 ~ 1 ~ ~ ~ , fi [d ` ~ t ~x..,` ~ • ~ i`~ 1 i ~ ~ 4 ~ ~ ~ ~ ~ ~ ~ ~ ~ , ~ , i 1 ~ , t ~ ~ i i. ~ I ~ Wig. - ~ { l _ t r ~ ~ { ~ I ~ ~ ~~w i ~ i ~~1 ~ i i r x. x _ ~ ~e ~ ~ ~ ' .i ~ - ~ , _ ~ t % -w r- g , f ~ ~ , i ~ ~ r ~ ~ ~ ~ ~ ~ - 1 ~ . e 2 2 O ~ ~ _ - ~ ~ in O . ~ - w ~ ~ ~ _ , ~ ti ~ ~ ~ ~ c - - x , _ , a ~ ` -a, ~ ~ ~ i V ~ ~ ~ ~ ~ - '4 ~ ~ 1 ~ ~ ' ~ m1 ~ ~ ~ ~ ~ `a, ~a~~ ~ ~ ~ ~ - ~ ~ , ~ ` , _ _ e 4 ' r ~ - _ ~ ~ ~ v _ - _ 4 ~ _ ~ _ 9 ~ ~ - ~ ~ ~ , - ~ ~ y ~ ~ ~ _ ~ 1 - ~ _ . t ~ ~ ~ ~ ~ ~ . _ _ ~ , ~ ' ~ ~ - ~,~F ~ is ~ e~,~_ _ ~ 1 - fir: A ' ~1 R. . ~ ~ ~ ~ ? t ~ ~ ~ ' b7, a ~ _ ~r L _ ~ ~ ~ ~ r ~ f ~ t t. . ; , E , i ~ ~ ~ ~s-- ,f, ~ ~ ~ , _ ~ ~ ~.+r ~ - - _ ~ 1' ~ ' - ~ , r i _ ~ ~i _.r ~ _ _ *t fit. ~ ~ 6 i ~ ~ _ \ ~ ~ ~ '1 % ~ ~ ~ - - r 4 I; ~ ~ , r. j tt `7 w~ r ~ _ ~ _ , ,i \ 1/. - i•. / ! i _ ~ !~!1 !r,'! if 1I `r ~ ~ Q Q~ _ t ~ _ . ~ ~ t ~ ~ , \ ,%~wii ~ / t~ 6 E" ~ ~ Q-OIL L 1. c - ~ \ - ~ - \ ~ y r - ~ \ ~ J,.--~ \ ~ ~e , _ is n ~ - ~ ~ r _ .'l;,/ice; ~ / / ; y r~ c0 c0 _ ~ r,_... ~ ~ ~ a , _ ~ -Y ~ 'V`im A ~1 _ - v z #e ~ :,r _ / _ ,,i ~ ~ o ~ O 00 OD ~ - _ ~ < ~ ~ 1 i ~ ~ ~ ~ a - - ~ ~ / i - A ~ i , -~.y ~ ~ ~ ` ~ / !lam,. _ ~ ~ ~ - ~ ~ , ~ _ ~ € / ~ X W C m J 1 1 1 J ~ O L _ - l ~ . . ~ fy C 1 _ _ y+ ; f, , t..,Q ~ ~ ti 1 a~ - - - - . ~ ' - __.r._, , • ~ - ~S ~ , i. / v _ ~ r ~ A ~l, ti ~ 't ` ~ I I, % ~ / ' _ _ k ~ ~ / K. / ~ ~ A \ r ?y \ I ~ i ~ Ate' i' 'r. ~ ~ ~ ~ ~ r ~ ~t ~ A-, ~ ~ ' ! r r ~ l ,'1MBT ~ i~ 1 i Z ' •I ~9 ~1 ~ i , 1 ) - i \ % ' ~ , ~ \ 1~ I,f r` ~ ~ ,1: ~ ~ 1 '~il ~ ~ _ ~ ~ ~ ' 1- nr -,,a._ - . _ ~ ~ - ~ - ~ n r ~9 • I ~ b ~ \ 1 0 I! l i. 1 _ ~ t ~ ~ 1 6 _ ~ - ti. ~ a a' - tit - - - , r ~ ~ ~ y ~ ~ ~ ~ 7 ~ ~ ~ 1 ~ ~i ~ . , ~ 1' . ~ ~ ~ O ~ ( X1,1 ~ ` , ~ ~ ;1 i ' ~ ~ ~~,.I~ ~ _ i a ~ I' i ~ I;#~ r~ 6 o ~ 1' ; ~ ~ ? ~ ,t~ j 1 ~ ~ t t ~ i ~i - - --__.i' ~ ~ t ' ~ ' ~ ` ~ r, ~ ~ 't r ii J r ~ ~ - ~ k ~ i i ~ i Z ~ f 's _ LL ti _ - _ ~ ~ * ~ f ~ I ~ _ - , ~ _ - ~ m i ~ ~ ~ © ~ 'i ~ ~ t r s ~ r ~ ' ~ ~ ~ try .1 ~.t ~ I ~ X11 tf 1 ( j~ ~r~ ~ l.._ _ ~ X ~ ~ ® \ ~~r J ~ ! ~,1' ~ 1 , 1 ~ ~ ~ 1 f ' ~ ~ , t~ ~ i ~ 1 ~ i ,1 ~ ~r I..~ +V ~r ~ ~i , t'~ ' C'I I Q ~J.I ' r ~ i`, ~ ~ ~ i ~ f ~ t ~ i~ ~ r' I I " 1 ~~~.h / ~ ~ ~ r I ~ ~ rr(( ~ i ~ ~ ~ - ~ j i 'i a ; ~ i 1 ~ / I I ~ ~ i ~ ~ r"~ ~ ~ cc 1 , ~ ~ t J # ~ { , ~ , ~ ~ ~ Q t ~ ~ r ~ ~ LLB ~ ~ s q ~ 1 ~ ~ W -J ~ ~a << , ~ ~ w~ ~'r ~ ~ , ~ ~ 1. ~ x ` r i ~sa ~ Q `o ~ i r: ~ i ~ r... ~ / o % I~" 1~ i J ~ 4 i ,ice / ~ ~ ! ~ ~ ~ r ~ ~ ~~V ~ 1# ~ • i ~ ,i ~ w ~ p ~ ~ti~ `r r O d 9 _ ~ - 1 \ ~ J I' ~ ~ ~ i ~ , ; A ~ ~ ,1,,'1 ~ O ti~ '1 ~ ? MAY <a O ~ v €c~ ~ 1 ~ / ~ i ~ ~ ~ 1 1 ~ I ~ / ~ / ~ ~ ~ ~ ~ s '~EFIh Z O ( ~ r; i is, \ ~.C O Z ~ i~ ~ ';1 ~ ~ ~'a ~ i. ~ ~~Tf~A i r r ~ _i f _t 1 ~ - ~ 1 1 N, C] Q S ~ ~ I 1 ~ r'',= / l ~ ~ ~ ~ Q OC ~ 1 1 ~ ~ , f ` l ;d ~ O ~ _ = is ~ 4 -j` ~ j ~ ~ 1 i) ~ i ~ ~ I ~ L I I, t ~ ~ ~ , 1 ' l ~ i ' ~ i _ ~ i~ 1 i - .:rr~ ~ ~ J/ F r i ~ ~ - ; ~ GRAPHIC SCALE / , , ; : f ~ ~ ~ _ - . - 1, I = ~ rn j 150 o 75 150 aoo Leo ~4 t I ri ~E Ln °E 4a U N IN FEET 0 97 i 1 i s - 150 !t. s o inch _ 4 pia .t ~ y _ R: ~ ~ *xn w ' ~ ~F1 , q ~ f ~ i ~ 1 • ~ _ ~ ~ a ~ ~ ~ r4 .e ` ~n ~ t ~ r t ~ e \ W ~ ~~7<YTI 1 , ~ ~ Q , ~ \ ~ 4 ~r._- O i K~ t \ \ ~ _ 4 ~ ~ . i ~ r ,y- X07 ~g• - -~~......._..s_..,. _....~.........a.- - p~ /ry~~ ~pa~ i ~ ~ S n ~ ` ~ ~ ~ V " 9 V ' _ W L9"W C ~ may. ~ R , q Y .yA r. s 9~. _ _ 48.91 y iy o , ~ p l e 1 V ~yq~ ~ 'F, t A ~ ~ ~ ~ ~ ~ ti, ti ib _ - ` . e.~__--_.____.__.. _ . yT~r alt w ~ an__.._....___w__.--- - `"T~.. y. • ~ yylt ?y ~ . y y A. j - - r ~ , ~ i ~ ~ 22g3. \ ~ . ` ~ ~ ~ 'CIS \ _ ~ ~ ~ lti yy y~e r, ~ ` r _ t+°`~_ REMOVE: $EOIM~NT \ n y i s ~ f BASIN ANd ABI iZE ~ ~ _ . ~ ~ fA m--- . ~ ~ y ~ ~ ~p ~ o? - t.~ ~ i j4 ~ I y 3 - m ",.~d.... r-.. = ~ ~ _ ~ . v ~ - ~ _ L - y~ i- - _ ~ - ~ . , ~ - E-.'"~ ; _~.m_ o z ~ -f"---._„ i 1 y , ~ , ~ cn 1 _ ` e C,q ~ at,~3 ~ y~y vyy ~ - _ ~ - ~ t ~ , _-_---4t~S- - t ~t,~ ~ ~ " ~ 1 \ R~10~ 00 y i ~ ~ s W ~f^ ,~o ~ . _ r , 4 ~ m 't w r , _ { t y ~ ~ ~ _ t ~ o . ~ v1 ~ _ _ ~1 . , ) Ra D MpAC L ~ 1 f ~ ~ i - r ~{._u__ yky _y~ \ psi z ~ ' ! i v .2 x i w PROPO Ep d i a t ` ~ ~ _ _ r, f ~ ~ ~ ~ - ,y _ ~ ~ , -.~e._ y 1 ~ ~~r w T ~ ' , x y I , 4 n. - - ~ ,o _ r, 411 - - ; i • 1• ~ 4 - ~ '`EXISTING LOGGING R CULVERT. ~ ~ [ 4 ~r y~ ' yi 1 ~ ~ ~ l , / ' ___4 ~ I: ~ / `r . rp y y ! ~ I ' cP ; • f WE'~.AND A \ ~ F ~ ~ '1 ~ ~ ~ PRO OBE ~ IMPA~ , ~ siREiw ! , ~ . $,I l - ~ t ~ , ~ , ~ ~ ~ NO IMPACT ~e._ , ~ r _ ',r¦ III rII ~ ! ~ ~ i t _ ~ ; ~ t ~ 1 ~ ~ I t I _w ~.4~ ACRD I ~ ~ ~ , x, l ,t I - s , _ { ` ~ r ~ ~ J ~ ~ r " ~ ` ti - ~ r- _ i ' ~ III ! - ` ~ 1 • . > " r \ f ~s ~ ~ ~ ~ B ~ ~ ~ ~ p c0 t~- - , - t• _ , Imo, ,i . ~ - ~ ~ - _ ICI III O 'J , - N ~ } ,t I I ~ ~lal. III ~I ~ l _ r ~ ~e t ~ , V$ ` ~ j ~ t. ! ' 4 ~i i III ,III 1 ~ - ~ P 1 P 'CT ~ u s~ r- ~ i " (i~ ~ 1. i f ;:,i 4 ~.5 ••l it ~ f l~. ,rI ~II 1 r ~ ~ } } ~ _ r ~ ~ f ~ Q ~4 ~ ~ '/~pr~ I III 1~ II ~ s - ~ - _ ACE ~ ~ ~n. - ~ ~ ~ ~ ' ~i ~ - ~ ? I i ti' _ ` ~ i _ *.r ~ i ~ jai' ,f• I? I. j ~ ~ ~ , f , ; . • r ~r ~ - 1 ` / - ~ - - m as _ _ ,r'. r I ~ • ' ~ ~ - t ; ~ , ~ . ' - c - 3 ~ i ,r a ~ - - ~ _ << _ ~ _ - ~ , . ~ . I' „ 3 . ~ ~ ~ ~ - r ' i / - ~ ~ ' ~ ~ ~ a~ v o i f . ~ m ~ ; ~ r ; , F / _ j! / F - - V . ~ . • , " I , 1, r~ 1 i a / . ~ j / . ~ ,i ~ ~ ~ x . , a ; r 4 / / c . . ~ - rte; J ; . t / j\ 1 . r~ ~ ~ , t ~ r - PiQSED , . ~ : ` ~ r ~ r r i r. - _ , ,1 - . ' . 0 y- ~ ; - ~ , , , , . - 5 ~ 1 ~ ~ / - ~ r HaD / . i _ ~ , r , _ _ _ fAN - ~ - - - ~ ~ ~ . r ~ _ ~ / , \ ~ 1 f - - OD / / ~ ~ ~ ~r O r ~ j r ~ - ~ , _ ~ it ~ - ' ~ QZ C r , ~ ~ JOr ~ / - _ ~ ' m , . ~ ~ , = O f . ` ! r..• ; \ ` / r ~ ~ ~ ~ f ' F i~ 1 ~ r , ~ ~ . i 1 ~ . . _ , i`~ ~ ~ ~ - / - z a ~n ~n v ' ~ - - ; = , , M i ~ ~ ~ , ~ ~ ~ / Y r , - . ~ ~ y ~ , v - ' ~ ~ ~ . ~ , l1 ~ ~ ` ~ \ ` ~ , . " - C , ~,r, ~ ,r c0 ` l ~ r ~ ~ , r` r ~ r r` i ; ~ ~ ~ r . _ D t. ~ ` f ; ~ - ~ - ~ O .f - ? / ~ r I / 4Q Z O o ; ~ , r _ xW U ~ ~ . p ~ - . , o ~ ~ V~ ~ i 1 i • ,t , ~ O X ~ . / , r ~ ,i. . ~ j ~ \ J ~ ors r ~ f~ r y - ~ ~ ~ _ . ~F 5 n. . ,s ; / E a 1 , j, 1 ND E • ~ . • N43 r _ w ~ ~ . ~ ~ ,a , , p _ i ~ p E ' ' ~ v ~ O.OO~ACR Q ~j - ~ t~- A ~ ~ / ~ v +m. - i ; / / ,r ~ _ . a,, ~ - ~ i r f f ~ - , - s - n _ / , f - , t ~ f ~ _ . s t~ ~ - / ` ~y J/ r ~ - ' t - . ,l r f , f f / ~ ~ , r/' Q " , ~ i Z J ~ ~ r J r a ` ~ t ~ _ ~ Y ~ - - ~ Q ~ , ti ~ ~ ~ _ -A_ - i r ! ~ ~ ; . a r i 1 ` _ ' r' - f f'r ( I / f F ~ / . r r ~ 1 I- - - , / _ - ~ H 1 ! ; , , \ • o ~ , i ~ ~ ~ l' ` ~ ~ - _ ~ , f O Z f - , ~ ; " ~ f ! ~ o l r I , J , ' ~ , i / ,i ~ - - i ,t . i ~ ~ M r ~ r y \ f r ~ \ ! f E+ ~ s r - J ~ ~ r ~ \ ~ \ - ~ _ _ , , t ~ i, t i d ` • .y 1 ' ~ ~ t r`` O r" ' r' ,1 / 3 " , ~ ~ , ~ ~ - , ~ ~ `y 1~ Cl ~ _ ~ . ~ s ~ ~ ~ r' ~ 1! r i ~ u r 1, ~ ~ 1; ~ ~ ~ ' - ~`p t e~ - , . „s ~ ~ r • . , . , , l ~ i ; , + l ~ . (r o as_ so.- ~ 100 .a1so ~ " NOTE: DESIGNATED STREAf~~ . X ` j E ~ . \ + f r ! ~ CVO. 1 IS A DEVELOPER _ ~ W f ! r. Q " i ~ ~ - ~ v, ,v. . , , i1 ~ - ~ ~ ~ ~ ~ ~ ' ~ ! ' CONSTRUCTED DRAINAGE ~ ~ i ; ~ ~ ; ` ` DITCH WHICH HAS BEErI - Z ~ ~ ~ , ~ ~ , ~ , : ~ , 't r + 1 ~ F6BP ~ + f ( 1 ~ ' ~ CLASSIFIED AS A STREAM. , , _ Q ! i+ ~ 1 ~ \ i f 50 a a - ` a ~ ` ~ , i , r :r,- W LL ~ ! / ~ ~ ' L , r C ~ , ~ ~ W LEGEND ~ i _ ~ , . ~ 5,\ ~ ~ ~ i ~ I I . i r i ~ r i _ / f ~ ~ LL o i eµ .o , , ~ z r p - ~ r ! 1 f ~ ~ _ 4 ~ ~ r.. ~ , , ~ - 1 1 t ~ i r~ f' _ . - r ~ ' Q % ~ ~ ~ BREAKAWAY PHASE 1 PROJECT AREA 48.5 ACRES ~ ~ f ~ ~ J r ~ ` r 4 ;~.b ~ ~ t ~ ' ' ` \ + LL , e M1 / I -.~-.1....- F ~ ~l 1 ; l l . ,TOTAL WETLANDS AREA 0.16 ACRES_ ( ~ ~ ~ ti ;,r~ ~ ! f,,r , r `l . ( _ d ~ , ` I ~ ~ , ~ \ ~ z w ~ ~ ~I ~ ~ _ r , `i ' i ~ ~ ~ ~ , ~ TOTAL STREAM LENGTH 1941 L.F. t ii~~ f U I- U ' t ~ ' ~ _ \ a, ~ ;,rt ~ - it A ti ` ~ i i t ~ ~ f' .WETLAND IMPACTS: O z =r ~ ~ 3 ~ t e - , ~ ` ~ ~ i iEX15'Ta1~LpGG , PROPOSED IMPACTS. p Q Q ~ ~ ~ y t , ~ ~ t ~ ~ t10A~ti CUL j ILIETLAND A (SKI SLOPEa 0.040 ACRES ~ o 1 i ~ ~ ~ 1AIETLAND 'B' O.OSO ACRES t , ~i \ , e~ ~ _ I t ~ ~ i , : , . ~ , ~ ~ 4 ~ - r ' : ~ ~ ~ ~ ~ ~ - - - . ~ r" ~ 1 WETLAND 'F 0.005 ACRES al t V ~ ~ i i I. ~ ':1~ ~ } i it _ v , '1 \ • i , TOTAL PROPOSED 1AIETL.AND IMPACTS..... 0.095 ACRES - r E ~ _ - , r! ~ ! ~ t . a ww~w~. /'1rl 1 t~ i \ 0 , vp,_}~ _ 'n ~i J , , t IMPACTS 299 L.F. o ° PROPOSED STi~AM z _ t 1 z L J i ; WETLANDS AVOIDED 0.065 ACRES STREAMS AVOIDED.. 1642 L F t -All