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HomeMy WebLinkAbout20061047 Ver 1_COMPLETE FILE_20060626010 F W AT ?9QG 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 August 7, 2006 DWQ# 06-1047 Watauga County Mr. Mark Meyer CNL Realty and Development Corporation 455 South Orange Avenue Orlando, FL 32801-3336 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Meyer: CNL Realty and Development Corporation has our approval, in accordance with the attached conditions, to place permanent fill in 125 linear feet of stream and in 0.059 acre of wetlands in order to upgrade and lengthen seven existing road crossings and to construct one new road crossing, and to place permanent fill in 0.007 acre of wetlands in order to increase the buildable area of one lot. These impacts are to occur on the proposed residential subdivision located at the Broyhill Property on Holloway Mountain Road near Blowing Rock in Watauga County, as described in your application received by the Division of Water Quality (DWQ) on June 26, 2006. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3402 and 3494, which can be viewed on our web site at hqp://www.ncwaterguality.org/wetlands.html. These Certifications allow you to use Nationwide Permit Numbers 39 and 3 respectively when they are issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certifications. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you maybe required to send us anew application for a new certification. If the property is sold, the new owner must be given a copy of the Certifications and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certifications, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of these Certifications are met. No other impacts, including incidental impacts, are approved: N°0e Carolina ,Aw rally North Carolina Division of Water Quality Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone (919) 733-1786 FAX. (919) 733-2496 2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet hfp:/hvww.ncwaterauality.oro Customer Service Number: 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr.'lark Meyer Page 2, DWQ= 06-1047 August 7, 2006 I Amount Approved Plan Location or Reference Streams 125 linear feet Unnamed tributaries to Boone Fork and Cold Prong located on the Broyhill Property on Holloway Mountain Road in Watauga County, as depicted on the site plan included with the application Amount Approved Plan Location or Reference Wetlands 0.066 acre Herbaceous wetlands located on the Broyhill Property on Holloway Mountain Road in Watauga County as depicted on the project site plan 2. Instream work and land disturbance within a 25-foot wide buffer zone on either side of the streams are prohibited during the trout spawning season of October 15`h through April 15th in order to protect the egg and fry stages of trout. I Appropriate sediment and erosion control measures which equal or exceed those outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR regional offices or the central office), whichever is more appropriate, shall be designed, installed and maintained properly to assure compliance at all times with the North Carolina water quality standards that are applicable to Class C waters as described in 15A NCAC 02B.0211 Fresh Surface Water Quality Standards For Class C Waters and with the North Carolina water quality standards that are applicable to Outstanding Resource Waters as described in 15A NCAC 02B .0225 Outstanding Resource Waters. Such measures must equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits, which are associated with this project. 4. 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 measures in wetlands or waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the project is completed or, if applicable, within six months of the date that the project is released by the North Carolina Division of Land Resources. 5. No waste, spoils, 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. 6. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum dimensions specified by appropriate engineering calculations. Riprap may only be used below the Mr. Mark Meyer Page 3, DWQ# 06-1047 August 7, 2006 normal high water level. The original grade and elevation of the stream's cross-section must be maintained. Riprap placed in the stream bottom must be inserted'into the bottom matrix to a depth sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream bottom must not be increased by the placement of riprap. Placement of riprap must not result in destabilization of the streambed or banks upstream or downstream of any crossing. 7. All construction activities associated with this project shall minimize built-upon surface area, direct stormwater runoff away from surface waters, and incorporate best management practices to minimize water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in contact with surface waters until it has cured. If any stormwater must be collected for discharge into a stream channel, it shall not enter the stream as .a point source, but shall be slowed and discharged as sheet flow prior to entering the riparian buffer on either side of the stream. 8. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to notify NCDWQ when all work included in the §401 Certification has been completed. This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water Quality at the address listed on the form. Along with the Certificate of Completion, please send photographs upstream and downstream of each culvert site to document correct installation. If you do not accept any of the conditions of this certification, 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336- 771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631. Sincerely, r' 10 Alan W. Klimek, P.E. 06 AWK/cdl Attachments cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office DWQ, Winston-Salem Regional Office Central Files Wetlands/401 File Copy Ms. Jennifer Robertson, Wetland and Natural Resource Consultants, Inc., P. O. Box 882, Canton, NC 27406 • ® North Carolina Wildlife Resources Commission Richard B. Hamilton, Executive Director MEMORANDUM J =?g TO: Steve Chapin, Permit Coordinator Asheville Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator JUL i 4 2006 Habitat Conservation Program LO Y 'y; '?'?nh ) n;:v? ?(+r]A9?e.o7F: tiRA CH DATE: July 12, 2006 SUBJECT: Review of an application for Broyhill Property (CNL Realty & Development Corp.), Boone Fork and Cold Prong (Class C-Trout, ORW), DWQ NO. 20061045, Watauga County The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to develop a large tract of land for a subdivision (20% imperviousness). Permanent impacts of 125 linear feet are proposed for nine (9) road crossings. Wetland impacts will be 0.066 acres. Rainbow and brown trout are known for these waters. Rainbow and Brown trout are present in area streams and waters. Based on the information provided by the applicant and our knowledge of the range of trout in the project area, we do not believe this project will cause significant direct effects to waters supporting trout if properly accomplished. Therefore, we do not object to the project providing the following non-prioritized conditions are followed: L Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout. 2. Sediment and erosion control measures shall adhere to the design standards for sensitive watersheds (15A NCAC 413.0124). 3. Bridges are recommended for all permanent roadway crossings of streams, floodplains and associated wetlands to eliminate the need to fill and culvert active floodplains. Bridges should be the standard practice where significant natural resources like trout, listed species, or site i Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 Broyhill Property Subdivision -Page 2 - July 12, 2006 limitations like bedrock exist. Floodplain capacities and floodplain functions must be maintained with bridges and culverts. If culverts must be used instead of bridges, culverts should be designed and installed/retrofitted to allow passage of aquatic organisms. Culverts 48" or larger must be buried at least a foot (12") below the streambed. Culverts less than 48 inches diameter must be buried to a depth equal to or greater than twenty (20) percent their size to provide aquatic life passage. These measurements must be based on natural thalweg depths. Culverts should be situated so that no channel realignment or widening occurs. Widening of the stream channel at the inlet or outlet of structures usually causes a decrease in water depth and velocity resulting in increased sedimentation and diminished aquatic life passage. Where multiple barrels are used, the base flow barrel must be installed as indicated above while additional barrels should be placed so that their bottoms are located on the active bank full elevation. These bankful barrels must be connected to active floodplain benches to provide natural dimensions for the base flow channel with sufficient water depth during low or normal flows to accommodate movement of aquatic species. Natural stream channel dimensions must be maintained or provided/restored. Flat concrete aprons between wing-walls must not be used. Riprap must not be placed in the streambed or in a manner to impeded aquatic life movement during low flow or drought conditions. If culverts are long and/or sufficient slopes exist, alternating baffles should be provided in a manner that conforms to channel bends upstream and downstream, mimics natural meanders, prevents upstream scour and downstream deposition, moves typical bed load materials, and provides resting areas and passage for aquatic species. 4. If any concrete will be used, work must be accomplished so that wet concrete does not contact stream water. 5. Any future or additional impacts should be acknowledged and tallied towards mitigation requirements as appropriate pursuant to Clean Water Act requirements. 6. All remaining jurisdictional waters and wetlands should be permanently preserved as undisturbed forested buffer common areas by conservation easements. For waters not supporting listed species, we recommend 50' intermittent and 100' perennial buffers. 7. Although not indicated as an impact, ponds associated with the project should be offline. Any permitted inline ponds/lakes should include provision of a cold water withdrawal with minimum flow release of the 7Q10, preferably greater. It is our understanding that Boone Fork Creek is currently diverted around the large dam on the site. NCWRC supports maintaining this dam bypass for aquatic life and trout passage. 8. Any inline ponds should be designed and constructed with coldwater releases (see http•//wANw ncwildlife or,g-/pal 1 CommInf6Contacts/p.Rl ld4 Lpdfl. Re-aerated discharges should be provided below dam structures. 9. If a golf course is anticipated for the site, the course should be planned and permitted concurrently as-our comments and recommendations-will vary substantially. - 10. All impacts from stream crossings, dams and inundation activities should be documented and thoroughly evaluated. 11. If appropriate, pursuant to federal law, an inventory of listed species should be provided for federally endangered and threatened species known for the general area. If any are determined to be present, additional fish and wildlife consultations should occur. Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. E-copy: Daryl Lamb, DWQ-WSRO Matt Gantt, DLR-WSRO Randy Woodrow, Watauga County Triage Check List Date: 6/30/06 Project Name: Broyhill Property DWQ#: 06-1047 County: Watauga Daryl Lamb, Winston-Salem Regional Office To: 60-day processing time: 6/26/06 - 8/24/06 .y J From: Cyndi Karoly Telephone: (919) 733-9721 The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: As per our discussion regarding revision of the triage and delegation processes, please review the attached file. Note that you are the first reviewer, so this file will need to be reviewed for administrative as well as technical details. If you elect to place this project on hold, please ask the applicant to provide your requested information to both the Central Office in Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim procedure as we slowly transition to electronic applications. Please apprise me of any complications you encounter, whether related to workload, processing times, or lack of a "second reviewer" as the triage process in Central had previously provided. Also, if you think of ways to improve this process, especially so that we can plan for the electronic applications, let me know. Thanks! R k ` ?006?047 Wetland and Natural Resource Consultants, Inc. U.S. Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. Steve Chapin 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 "t err-•'.; •?•?. June 21, 2006 WNR Project # CNLR&DC-1000 NC Division of Water Quality Winston-Salem Regional Office Attn: Mr. Daryl Lamb 585 Waughtown Street Winston-Salem, North Carolina 27107 RE: Broyhill Property Nationwide Permits 3 and 39 Application a Watauga County, North Carolina Steve/Daryl: The purpose of this letter is to request written authorization for stream impacts under Nationwide Permits 3 and 39 for the project known as the Broyhill Property in Watauga County, North Carolina. The project proposes permanent impacts associated with nine road crossings with a total of 125 linear feet of new stream impacts and 0.066 acres of new wetland impacts. The attached USGS topographical maps show the location of the project. Impacts are shown on the attached site plan map. The proposed impacts are for road crossings to access a proposed residential development and one lot fill area. The property has been considered for a golf course in the past but the development group that will be proceeding with the project have no plans for a golf course. There are potential stream and wetland restoration and enhancement opportunities on site. We are currently initializing contact with the North Carolina Ecosystem Enhancement Program to discuss these potential opportunities further. The land planners will be developing a stringent stormwater management plan to meet local county requirements since Boone Fork and Cold Prong are classified as ORW waters. The site will contain less than 20% impervious surface and is being developed in such a way to keep the majority of the built upon areas further away from Boone Fork than legally required. The lake that was permitted back in late 2005 under a Canton Office Newton Office PO Box 882 wnrinc.com? PO Box 224 Canton, NC 28716 Newton, NC 28658 .1 828-648-8801 828-465-3035 828-648-8802 Fax I JUN' "6 2000 828-465-3050 Fax Nationwide Permit 3 is the central amenity of the project and therefore water quality is of absolute importance. A Corps stream channel data form for the main stream on site is included within this application. for your reference. The North Carolina Division of Water Quality (NC DWQ) classifies Boone Fork and Cold Prong as class °C", "Tr", "ORW" waters. A copy of this application has been submitted to the North Carolina Wildlife Resource Commission for comment as well. Please call with any questions that you may have or to schedule a site visit. Best Regards, ennifer Robertson Canton Office Newton Office PO Box 882 wnrinc.com PO Box 224 Canton, NC 28716 Newton, NC 28658 828-648-8801 828-465-3035 828-648-8802 Fax 2 828-465-3050 Fax MAY-16-06 07:54 AM WNRC E 4 28601073 L ne CNL CRC uai N: cv J d'DO AA 0490 694 YVU.: tlfisRlliC7? L n1a y CND 1;aD wiz 8284653050 P.01 CNL CRD 17 3P 46 06.15.2005 2 /2 Unin A rAnbupa urm rLLI. _ U-jux t;NL CRa 11:3a:05 oe-11.20os 3 4 WaVand and oweatResource Canbutrbnts, nc. De"Par" at of the Army "hInS m Dlu t; Cana of En;Intynn Attn: Ker JaAy, CIkf Regulatory DMslon PC Box 090 i' • WlmiVI;n, North CvvI nn. 26402-1890 -and. i NC D*.W of Wsier Qualhq, Wedtttds Unit Aare Kwoly 2321 BNa RalelBh, rrh CaroUrm 27604-ZM 1. the cu one lmdowner of tho property Identified below, haraby authorize Wetland AM Natural Resourc C unsuium% Inc. co act on my behaEf m my agent: during 64 duorminatlon of rtyntlbtwi limits of wale and wetlands and processing of permits to impact Wodar?ds and Wu4m of dte US that are reaubttoo by the Clean Wttar Act and the Rivers and Harbors Act. Faderall A C-mte ants an audori:ed m be on raid propeRy when acwtnpanhW by Wetland and Natueal source Camuhutu, Int„ sof. Wetland and Natural Resource Consuitmts, ILrm it authorised to provide supplemantmi lnformation needed r perink processing ax dte request of the Carps or DWQ. Prapam-Owner IAppllcam JQ?a Q2a?I t?rlt..t., strew draw / PC Box: 1lZ ?4?.'C'-1 P. o. +3oX z?'?-! CKy, ?p Coda: gaQL._? r4oLT 1 G Qfi.41?? P? bQ?l Phone / Roc Number Bea. ?V: d?5o Z$. 2.bZ. otd? Z ProjQCC e; Pr *Mj$ nLreat Addruc LlgkA- rWLKj CN)4a om Zer_ ft,.,j +ce,,q (%met address, eltyi Stasta, zip10 owners AppH=nt S1Bm mr m .? D" A•l b? ST ti5 , ZtinS 4l?bw Kamm a*-- aft PO I= 344 m0nccmn PC &K m NVON C 2adl8 QIm.14C 71716 112a.1ss.3 33 928-6494W I W-4062 c, mm W44UNI Fm i ?? Pkwy td? .-?•'"' ,?? ,- . ? '; "'!?/8 Ju liccn Price Wnwrial Park ? Q rx O? . N . Iq/ Boone _ Chastain Dr, C ?. has ut kna& k3 ?? • ` ? .n.? ??"-itr .fFCtiart PrfcC Z\ (22 1 3tcrtsarial Pu7'7c _ L Ansley Heights 81oWi Rock i. ilia fir, •. Ma'f?l? v Park ' 4 Laurel Park 321' 8ooae FortcK* 0--Y dCt±eat Hill Broyhill iC llllt?- rop c.rt y lLaP C? '.; J \N ? yk ?"aaca ?v r°n¦.. ^r..?".v ?' w-- a, ?? J ?. r .- . ` J - P-'I S f A tl. r?. e ? IY l \t? ....... _ : -\ ..,tea-?...• ! . .. ` ....? 1 L L? s\ T I,? O _% A L r Y 'A - L` lee 77-1 v •r IS O A 8 ( Y A T I° N A L YOII 8 S!T - ??M•+ /' _??_ % IIL.K? % . /?d: ? s? 1 A, rLL•I u ? A >. ^r `o a c, s r { 7° w j "max Name: GLOBE Location: 036° OT 30.9 N 081 ° 44' 54.26" W Date: 005 Caption: CNL Realty -Development Corp. Scale: I inn inch equals 1.515 miles Copyright (C) 1997, Maptech. Inc Page 1 of 1 ArcIMS HTML Viewer Ma t H ! h gym' :, k ? r{r k ? ?.•b. r ? _ ? ?,t .NNE r y, to h t ti. i..t... r - g ? ? "'?? • :- alt * ?'t ?' e? 4 , fi. 5"Y ?u ??•" ?? ?'rt[?'??, w}b ? r ?i'c;?,ax"v •. ? fax z - rrd ?w ?` ? F `t ~LK q'f r `"y' •? ` ...? f% Y YrY x -: ?.- { - - . t 2, ''1v ?+f,Y'Afr'r: Legend ' o r ? ? . i y? nti..f ? MG•"*`;?f 0 ,.. ? o- ??i.?h ?? 2 1th ; ' ?% ? 1 -v`a _i ,.? ,.. : W... ry? ? } r R ?7J:llj DJ., a. [ . ? de .£y, ? 3i ?? ?. ? to "1'?'?s?.? OFD ? '? 1?1 ? 4 tr s•1.R S y ? 1 s 9 i ,, s?'S Jn7? a` 4' f r: si; r 221 ;' xs r? ?-C C ? ? ?Xl'ti ? ?§ L t { d +Y 3c •N ,: i3jn ri: ,i Map Output i http://www.wataugacounty.org/servlet/com.esri.esriuiap.Esrimap?ServiceName=OVMapS... 7/14/200 l ' •` '-^ 1?1t1 l2r?il?i i1 RK ;Cr _, _ -- _ !fir' `_ _ , ? ...•- f ;Al-, 9' _ - • - r r F UTN FAP 77 JLTLIAN I PRICE-1, PARK, ?,' -.' c.` ?'% ?; 4 • tie ¦ l:. ¦ (f?- c ?'r'?f' 1 ft t_2 t, 4- . y. Al 'A ELI C,A 0 %X ?f ! 7" W 1. = i 1 of Name: BOONE Location: 036° 07'32.43" N 081 ° 44' 54.14" W Date: 7/1512005 Caption: CNL Realty Development Corp. Scale: 1 inch equals 1000 feet Copyright (C) 1997, Maptech• Inc- i' Office Use Only: Form Vdrst 1=h 05 0 0 6 1 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 3 and NW 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 ere? [] { ?,} }. _ , _, H. Applicant Information JUG! - 6 2006 1. Owner/Applicant Information Name: Mark Meyer, CNL Realty and Development Corp Mailing Address: 455 South Oranize Avenue Orlando FL 32801-3336 Telephone Number: 407-835-3223 Fax Number: 407-650-1073 E-mail Address: mmeyer@cnl.com 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: Jennifer Robertson Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: P.O Box 882 Canton, NC 28716 Telephone Number: 828-648-8801 Fax Number: 828-648-8802 E-mail Address: wnrincgaol.com Updated 11/1/2005 Page 5 of 13 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: Broyhill Property 2. T.I.P. Project Number or State Project Number (NCDOT Only): not a DOT project 3. Property Identification Number (Tax PIN): 1887-75-1996-000 4. Location County: Watauga County Nearest Town: Blowing Rock Subdivision name (include phase/lot number): not known yet Directions to site (include road numbers/names, landmarks, etc.): From Blowing; Rock, follow 221 West for 6.2 miles. Turn right onto Holloway Mountain Road. The site is the first turn on the right. 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): 0360732.43 ON 0814454.14 °W 6. Property size (acres): 270 acres 7. Name of nearest receiving body of water: Boone Fork ; Cola E rCoa 8. River Basin: Watauga 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.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 50% Forested 40% fields and 10% an old lake bed from a Updated 11/1/2005 Page 6 of 13 lake that was breached in 2004. Land use is residential, forestland, agricultural land, and commercial in Blowing Rock. 10. Describe the overall project in detail, including the type of equipment to be used: The project will include the development of a residential community and supporting infrastructure. Typical construction equipment will be used. 11. Explain the purpose of the proposed work: The work is needed for the construction of a residential development. 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. The previous owner, John Broyhill, applied for a NW 3 permit to breech the lake in the Fall of 2004 (Action ID #200431425). A NW 3 hermit was annroved to re-establish the lake in the Fall of 2005 (Action ID #200533095). 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 additional work anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Updated 11/1/2005 Page 7 of 13 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 Proposed impact is for the construction of seven replacement culverts with extensions and one new culvert in order to provide access to the proposed residential development. The fill of one wetland is requested to allow more buildable area for one cottage. 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 flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 4 Road Crossing herbaceous No < 25' 0.003 7 Road Crossing herbaceous No > 100' 0.019 8 Road Crossing herbaceous No > 200' 0.027 9 Road Crossing herbaceous No < 25' 0.010 10 Road Crossing herbaceous No > 600' 0.007 Total Wetland Impact (acres) 0.066 3. List the total acreage (estimated) of all existing wetlands on the property: 1.78 acres 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) Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 2 UT to Boone Fork Road Crossing P 2 15' 0.001 3 UT to Boone Fork Road Crossing I 3 30' 0.002 5 UT to Boone Fork Road Crossing P 3 20' 0.001 6 UT to Boone Fork Road Crossing P 4 30' 0.003 9 UT to Boone Fork Road Crossing P 3 30' 0.002 Total Stream Impact (by length and acreage) 125' 0.009 Updated 11/1/2005 Page 8of13 r 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, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) 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) none 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.009 Wetland Impact (acres): 0.066 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.075 Total Stream Impact (linear feet): 160'NW3 125'NW39 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. No isolated streams and/or wetlands exist on the property. 8. 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.): no pond proposed 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 ,Updated 11/1/2005 Page 9 of 13 t 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. Stream crossings are needed to access the proposed development. Impacts have been minimized by utilizing existing road crossings at every road crossing but one.. 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 January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.ne.us/ncwetlands/strmaide.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. No mitigation is proposed. As stated in the cover letter we have initiated talks with NC EEP about doing restoration/enhancement work. We have a tentative site meeting set up for the second week in July. Updated 11/1/2005 Page 10 of 13 C 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/wm/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): none requested Amount of buffer mitigation requested (square feet): none requested Amount of Riparian wetland mitigation requested (acres): none requested Amount of Non-riparian wetland mitigation requested (acres): none requested Amount of Coastal wetland mitigation requested (acres): none requested IX. Environmental Documentation (required by DWQ) 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 ? 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. 1. 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 V Yes ? No Updated 11/1/2005 Page 11 of 13 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* I Impact I Required . .._F.? Multiplier ??:.. .., Total 3.. If buffer Donation mitigation is required, please discuss what type of mitigation is proposed (i.e., of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as within 15A NCAC 213 .0242 or.0244, or.0260. 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 surface will be less than 20% for the nroiect. The land planners will be develonina stringent stormwater measures to meet local requirements. 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. Each home will have it's own septic system. XIII. 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 identified Updated 11/1/2005 Page 12 of 0 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/newetlands. If no, please provide a short narrative description: Blowing Rock is less than 6 miles from the site. There is existing development within Blowing Rock and Boone to support this second home community. 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). -;I(- Agent's Signature Date is valid only if an authorization letter from the applicant is provided.) Updated 11/12005 Page 13 of 13 Site Number Impact Type Existing New Impact Total Impact Impact 1 Bridge 0' 0' 0' 2 Existing 35' 15' 30' Culvert with Extension 3 Existing 20' 30' 50' Culvert with Extension 4 New Culvert 0' 0.003 acres 0.003 acres 5 Existing 30' 20' 50' Culvert with Extension 6 Existing 20' 30' 50' Culvert with Extension 7 Existing 20' 0.019 acres 20' and 0.019 Culvert with acres Extension 8 Existing 15' 0.027 acres 15' and 0.027 Culvert with acres Extension 9 Existing 20' 30' and 0.010 50' and 0.019 Culvert with acres acres Extension 10 New Culvert 0' 0.007 acres 0.007 acres Total 160' 125' and 0.066 265' and 0.075 acres acres I e mo v I r I / 11 f°? ?''? o? COd ?d a, v ?od Y / Y g 1 6 lo 4 1 °s (-? x Ma )? e CM No U,a x c,q, N 3 _ ? n I i nl I x Md ' Mx C`.1 ??\ M 4 x cr4 / LO I -T M^v'? ??` `\ .x w a I ? a n. " Ivy{ 1 I ?) ? r g d ''•t i ?Ao ° c1 % c . v1 0 n 1 L ' W v J G. / i, ' 7 Cf) I: Cy) I I ,: 1 ' 1 I 1 r CIO CY) 1 1 f \ 1 CId 1 i 1 ?- / cr. ? U? I \ CYJ r A cY) N I O ------------- a? %r 1 )" qq- t V ?`- CTJ 11 l Q0, -11 Q? 1 C II ? ? 4.) 1 / j O 4 J 1I V \ oc* \ / / V C\j 41, ?? ? ? I I ?C I C-) V :o W cf) cy) V i '? W V i cld ' i UcC3 cy) ? ? V II ? cy) ° cY) ? ?., r 4 oo V ?? c p N ° II CY) ?jo ° O O Cf) -N X W U 0i O 7 r----i r-- CV P O cl O O O N w M ;t. +--? Vl? 00 • n ?. . a Cld C\l O trd I I C ?C)) T /o W 0 0 L? ?Q .L. 'y V V n3 m a CL D i i r 5 I . Cf-, s tt+' x ..... ice`, rn 4 . y. r ?: _ DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project/ Site: Broyhill Date: 5/3/2006 Applicant f Owner: CNL Realty County: Watuga Investigator: Rebekah Newton State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID: Is the area a potential problem area? Yes No x Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Rhododendron maximum S FAC- 9. 2. Fagus erandifolia T FACU 10. 3. Pinus strobus T FACU 11. 4. Carpinus caroliniana T FAC 12. 5. Ligustrum sinense S FAC 13. 6. Fra ag ria virginiana H FAC- 14. 7. Hydrangea arborescens S FACU 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 5/7=71% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated -Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >12 (in.) _ Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: >12 (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: m-A A SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 10YR54 Sandy Loam Hydric Soil Indicators: _ Histosol _ 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 Wetland Hydrology Present? Yes Hydric Soils Present? Yes No x Is the Sampling Point No x Within a Wetland? Yes_ No x No x Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Proiect / Site: Broyhill Date: 5/3/2006 Applicant / Owner: CNL Realty County: Watuga Investigator: Rebekah Newton State: NC Do normal circumstances exist on the site? Yes x No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID: Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus H FACW+ 9. 2. Alnus ruQosa S FACW 10. 3. Acer rubrum T FAC 11. 4. CWinus caroliniana T FAC 12. 5. Liaustrum sinense S FAC 13. 6. Ludwigia alternaflora S OBL 14. 7. - 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other _ Inundated x Saturated in Upper 12" No Recorded Data Available _ Water Marks x Drift Lines Field Observations: Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 2 (in.) _ Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: 2 (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: h r SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) ( Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 10YR5/2 10YR5/5 Few Sandy Loam Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils X Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Wetland Hydrology Present? Yes x No Hydric Soils Present? Yes x No Is the Sampling Point Within a Wetland? Yes x No. Remarks: - ----- ------- ---- -- ' USACE AID# DWQ # Site # (indicate on attached map) r STREAM QUALITY ASSESSMENT WORKSHEETy Provide the following information for the stream reach under assessment: 1. Applicant's name: CNL Realty 2. Evaluator's name: Rebekah Newton 3. Date of evaluation: 5/3/2006 4. Time of evaluation: morning 5. Name of stream: Boone Fork 6. River basin: Watuaga 7. Approximate drainage area: >100 ac 8. Stream order: Third 9. Length of reach evaluated: 501f 10. County: Watuaga 11. Site coordinates (if known): 36.126495: 81.742563 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ See Map Site #1 14. Proposed channel work (if any): Residential Development 15. Recent weather conditions: Rainv low-50 to low-70 16. Site conditions at time of visit: Rainv cool 17. Identify any special waterway classifications known: C, Tr; ORW 18. Is there a pond or lake located upstream of the evaluation point? No If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? Yes 20. Does channel appear on USDA Soil Survey? . 21. Estimated watershed land use: 60% Forested, , 40% Pasture 22. Bankfull width: 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: Gentle (2-4%) 25. Channel sinuosity: Occasional Bends Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE SCORE # CHARACTERISTICS Coastal Piedmont Mountain Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strong flow = max points 2 Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max points) 3 Riparian zone o-6 0-4 0-5 3 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 3 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 4 no discharge = 0; springs, seeps, wetlands, etc. = max points) ?, - Presence of adjacent floodplain 0-4 0-4 0-2 2 6 no flood lain = 0; extensive flood lain = max oints x 7 Entrenchment / floodplain access 0-5 0-4 0-2 2 a dee 1 entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 2 acent wetlands = max points) no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0- 5 0- 4 0- 4 2 extensive deposition-- 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 4 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 4 (deeply incised = 0; stable bed & banks = max oints 3 Presence of major bank failures 0-5 0-5 0-5 4 1 severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 4 E-, no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 2 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 5 no riffles/ripples les or pools = 0; well-developed = max points) 17 Habitat complexity 0-6 0-6 0-6 4 little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 3 ,x no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 3 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 4 >4 no evidence = 0• common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 2 O no evidence = 0; common, numerous types = max points) 04 22 Presence of fish 0-4 0-4 0-4 3 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 (no evidence = 0; abundant evidence = max oints Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 72 * These characteristics are not assessed in coastal streams. USACE AID# DWQ# (indicate on attached map) ?STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: CNL Realty 2. Evaluator's name: Rebekah Newton 3. Date of evaluation: 5/3/2006 4. Time of evaluation: morning 5. Name of stream: UT Boone Fork 6. River basin: Watuaua 7. Approximate drainage area: -40 ac 8. Stream order: 9. Length of reach evaluated: 50 if 10. County: Watuaea 11. Site coordinates (if known): 36.125908: 81.742775 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):- , 14. Proposed channel work (if any): Residential Development 15. Recent weather conditions: Rainv: low-50 to low-70 16. Site conditions at time of visit: Rainy, cool 17. Identify any special waterway classifications known: C; Tr; ORW 18. Is there a pond or lake located upstream of the evaluation point? No If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? No 20. Does channel appear on USDA Soil Survey? No 21. Estimated watershed land use: 60% Forester 40% Pasture 22. Bankfull width: 24. Channel slope down center of stream: Gentle (2-4%) 25. Channel sinuosity: Occassional Bends 23. Bank height (from bed to top of bank): Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. Site # STREAM QUALITY ASSESSMENT WORKSHEET # H TIC ECOREGION POIN T RANGE SC R ARACTERIS C S O E Coastal Piedmont. Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max points) 3 Riparian zone - 0-6 0-4 0-5 3 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 3 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 4 d no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 1 no flood lain = 0; extensive. flood lain = max oints 7 Entrenchment / floodplain access 0-5 0-4 0-2 1 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 0 acent wetlands = max points) no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 3 extensive deposition-- 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate * NA 0-4 0-5 4 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 3 y+ (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 4 severe erosion = 0; no erosion, stable banks = max oints 14 Root depth and density on banks 0-3 0-4 0-5 3 no visible roots = 0; dense roots throughout = max points) 1.5 Impact by agriculture, livestock, or timber. production 0-5 0-4 0-5 3 substantial impact =0; no evidence = max points 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 5 E no riffles/riles or pools = 0; well-developed = max points) 17 Habitat complexity 0-6 0-6 0-6 5 little or no habitat = 0; frequent, vaned habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 3 no shading vegetation = 0; continuous canopy = max oints 19 Substrate embeddedness NA* 0-4 0-4 3 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 4 no evidence = 0; common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common, numerous types = max points) O 22 Presence offish 0-4 0-4 0-4 1 no evidence = 0; common, numerous types = max oints 23 Evidence of wildlife use 0-6 0-5 0-5 0 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 64 * These characteristics are not assessed in coastal streams. -" USACE AID#, DWQ# Site # (indicate on attached map) z? 3 STREAM QUALITY ASSESSMENT WORKSHEET f _ Provide the following information for the stream reach under assessment: 1. Applicant's name: CNL Realty 2. Evaluator's name: Rebekah Newton 3. Date of evaluation: 5/3/2006 4. Time of evaluation: morning 5. Name of stream: UT Cold Prong 6. River basin: Watuaaa 7. Approximate drainage area: --50 ac 8. Stream order: First 9. Length of reach evaluated: 501f 10. County: Watauga 11. Site coordinates (if known): 36.127910: 81.749053 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):- See Map, Site 43 14. Proposed channel work (if any): Residential Development 15. Recent weather conditions: Rainy, low-50 to low-70 16. Site conditions at time of visit: Rainy, cool 17. Identify any special waterway classifications known: C: Tr: ORW 18. Is there a pond or lake located upstream of the evaluation point? No If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? No 20. Does channel appear on USDA Soil Survey? No 21. Estimated watershed land use: 60% Forested. 40% Pasture 22. Bankfull width: 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: Gentle (2-4%) 25. Channel sinuosity: Occasional Bends Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE SCORE CHARACTERISTICS Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strong flow = max points) 2 . Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max oints 3 Riparian zone 0-6 0-4 0-5 4 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 3 no discharge = 0; springs, seeps, wetlands, etc. = max points) 61 Presence of adjacent floodplain 0-4 0-4 0-2 0 no flood lain = 0; extensive flood lain = max oints Entrenchment / floodplain access 0- 5 0-4 0- 2 0 a (deeply entrenched = 0; frequent flooding = max points) . 8 Presence of adjacent wetlands j 0-6 0-4 0-2 1 acent wetlands = max oints no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 3 extensive deposition-- 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA* 0-4 0-5 4 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 4 (deeply incised= 0; stable bed & banks = max points) ?F"•a 13 Presence of major bank failures 0-5 0-5 0-5 4 severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 3 no visible roots= 0; dense roots throughout = max points) ?- 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 substantial impact ?; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 2 E no riffles/ripples or pools = 0; well-developed = max points) 17 Habitat complexity 0-6 0-6 0-6 4 little or no habitat = 0; frequent, vaned habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 4 x no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 4 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 3 no evidence = 0; common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 0 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 1 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 63 * These characteristics are not assessed in coastal streams. NC DENR - DIVISON OF WATER QUALITY 2B .0300 .0305 WATAUGA RIVER BASIN Classification Name of Stream De scr iption Class Date Index No. WATAUGA RIVER From source to U.S. Hwy. 321 B; Tr, HQW 08/01/90 8-(1) Bridge Shanty Spring Branch From source to Watauga River C 05/15/63 8-2 Green Ridge Branch From source to Watauga River C 05/15/63 8-3 Valley Creek From source to Watauga River C;Tr 07/01/73 8-4 Unnamed Tributary to Watauga From source to dam at B;Tr 10/01/87 8-4.5-(1) River (Seven Devils Resort Seven Devils Resort Lake Lake) Unnamed Tributary to Watauga From dam at Seven Devils C;Tr 07/01/73 8-4.5-(2) River Resort Lake to Watauga River Moody Mill Creek From source to Watauga River C;Tr 07/01/73 8-5 Spice Bottom Creek From source to moody Mill C;Tr 07/01/73 8-5-1 Creek Unnamed Tributary at Camp From source to Watauga River C;Tr 05/15/63 8-6 Rainbow I 3BOOne Fork (Price Lake) From source to Watauga River C;Tr,ORW 02/01/93 8-7 i ?COld Prong From source to Boone Fork C;Tr,ORW 02/01/93 8-7-1 ' Laurel Creek From source to Price La e, C;Tr,ORW 02/01/93 8-7-2 I Boone Fork I Sims Creek (Sims Pond) From source to Boone Fork C;Tr,ORW 02/01/93 8-7-3 Hoot Camp Branch From source to Sims Creek C;ORW 02/01/93 8-7-3-1 Green Branch From source to Boone Fork C;ORW 02/01/93 8-7-4 Cannon Branch From source to Boone Fork C;ORW 02/01/93 B-7-5 Bee Tree Creek From source to Boone Fork C;ORW 02/01/93 8-7-6 Lance Creek From source to Dam at Camp B;Tr 07/01/73 8-8-(1) Yonahlossee Bathing Lake Lance Creek From Camp Yonahlossee C;Tr 07/01/73 8-8-(2) Bathing Lake to Watauga River Big Branch From source to Watauga River C 05/15/63 8-9 Laurel Fork From source to Watauga River C;Tr 05/15/63 8-10 Harrison Branch From source to Laurel Fork C 05/15/63 8-10-1 Unnamed Tributary at N.C. From source to Laurel Fork C 05/15/63 8-10-2 Prison Unit 116 Upper Laurel Fork From source to Laurel Fork C 05/15/63 8-10-3 Hayes Branch From source to Upper C 05/15/63 8-10-3-1 Laurel Fork Lost Branch From source to Watauga River C;Tr 05/15/63 8-11 Dutch Creek From source to Clark Creek B;Tr 07/01/89 8-12-(0.5) Pigeonroost Creek From source to Dutch Creek B 07/01/89 8-12-1 Dutch Creek From Clark Creek to C;Tr 05/15/63 8-12-(1.5) Watauga County SR 1112 Clark Creek From source to Dutch Creek C 05/15/63 8-12-2 Craborc-hard Creek From source to Dutch Creek C;Tr 05/15/63 8-12-3 Dutch Creek From Watauga County SR B;Tr 07/01/89 8-12-(3.5) 1112 to Watauga River 1 _t r?. l„ EP-27-05 10:05 AM WNRC 8284653050 U..S,. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT . LS Aio't 10' 3t County. ffs auva USES Quad: Globe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / AWhotized Agent; Mr. John Brtax> liu /??'a•??:. :.kw. fir ?,..?.?, _ low os Aock. r1C, ,21,8605 P.02 i i i clephune No.. ize and 14caiian cif l *l (xc E Ixtdy. ra ? bcv, tt i s, zos?xta r RAt#at?,?Y i E sue k ` irl? rc; A-41146- - e+eyrr S??triia?' ilbct< . escription of activity-, Ins rack in approx. ZI ear (get of ch el that ated in cent) eche Mm nn the above relferpd tsrt?nsrty oa Brae a?... tr v......u...? _..______ _ --.--.. t Law. ; Section 444 ((lean Watcr Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) tin: ReC,aearra4 Poxrm ior. Na0unwide Permit Numbcr: ,U ""? „urk p awth gaAi by th, abovo referenced permit provided it is accomplished in strict accordance withpthlane attached Witions and your subinitted plans. Any violation of the attaclwd conditions or deviation from your submitted s may subject;the ;rmittee to a stop work; order, a restoration order and/or appropriate legal action. This verificatim wA tes t -vaU nP61 Ox expkatirw bate sd wiftd below The Mionwide authotiration is modified, sprnded or revoked. ' If, prior to the expiration date identified below, the nationwide permit auithorivation is reissued 'or edified, this verirw4 wilt t f'eaY6n vgbrf .vz;? tit, ?'dq?+,i4titi?,.?iw.?rt• !n?t'?{,??+!?.r& ?y??t?r ,?r.?u??: ?. ;5` : ?v>;?5'ic ? ve ia'`.v .r"? .tf^W**i+i. 0 i t.apitm or n nqmukd, *evoked, or is modified, such that the activity would no longer cot ply th the terms and t onditioto of the nationwide permit, activities which have commenced (i.e., are under consuucliun) or are udder ntract to continence ig reliance upon the nationwide permit, will remain authorized provided the activity is completed within tw4lve )nths of the date of tli .natianwuie perrttit's: exp#wion,:ttte,di>•tcatim w revocatktme w*u daiKxclkway 0141 my has beep exc• gsod s' case-'by-casebasia modify, suspend or revoke the authorization. Activities subject to lion 444 (as indicated above) any *W m4ukt. an ittdiuidtt 1. Secti;,n. lilt W*#ax Q A4-, r: wtt, ,;ah,= V;U ?+arM ?w. ytar tom'x;:saa,ntatr" r r r"° ?.^g;;} iver?satee,:ttuatyt requirements. i For activities occurring within the twenty coastal Gty Subject to regulation under the Coastal Area Mattagt:mcnt Att (t:'AMA), or to bebiriiting work f o- u must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permitiec of the revpowibility to obtain ant odw-r &Nui cd p to of tec0*2Pprp+-•l%*rmiiit . i If tliL a are any questipns regarding this verification, any of the conditions of the Prradt, or the Cotes of kr incerc sc ulatocli ?rps Regulatory OffiHat S Iktte: ngn9t 0 piratian f)atc of Yerifiration: 6a2ust;j0 206 >w r. cf-27-05 09:40 AM WNRC 8284653050 P. 01 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200; 33095 County: Watauga USGS Quad: one GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner;/ Authorized Agent: Mr. John Broyhill Address: Z.O. ox 2477 ' NC 28607 Boon 6. Telephone No.: Size and locatiop of property (water body, road name/number, town, etc.): CNL Realty ad Blowing Rock Description of projects area and activity: This Permit authorizes re-establishment o original Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) 0 Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Pemnit Number: Nationwide Permit Number. I Your work is Authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions, the attached September 19, 2005 North Carolina Wildlife Resources Commission conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subjeci the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWP's are scheduled to be ;modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of the ghanges to the NWP's. We will issue a public notice when the N WP's are reissued. Furthermore, if you commence oz are under contract to commence this activity before the date that the relevant nationwide permit is modified or rev4cd, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an iridividual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. i This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits, If there are atiy questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x232. Corps Regulatory Official Steve Cha in Date: Sewe ber 26, 2001 Expiration Datc of Verification: March 18, 20Q7 1P-27-05 01:24 PM WNRC 8284653050 09/27/2006 LO M F?X $26 292 00$2 GWYN R PARSONS CPA PUC IQJOOZ Determination of Jurts"On: ? Bnacd on limil7try information, *ffe Appear to be watere of rho U5 ioctudiag wet4nds wit11is! the above j tieaeribe ptojeet area. This preWplnary determination Is not an appealable acdon under 111110 ROVIAbOTy Pz9gtnns, 'ui Imdvo Appeal Process ( Refersace 33 CPR Part 331). i ? '1Nn Navigable Waters of the United States witbim the above der. bed project stet stsbjsct to she ]>drstfiI requite nts *CSaction 10 of dw IiIVM and Harbors Act and Section 404 of the Cimm Water Att Unless there is t'change in the law or our yublished regulations, this deteralhution may be felled upon for a period not to ouee? five years 9om the date of this nodiScatioa. n m suers of tt o US aadlot wetlands within the above dcaon1*1 project area attb set t0 t110 permit requite of Section 404 of the Cleat Water Act (C`WA)(33 USC 11344). Unlur, there is a dtmge to the law or o* published replations, this damirA=tion =yb10 TOlitd upon for a period not to exceed flvs yemta f1'om rho dater of this notification. Q The j etional areas within the above deaeribed project area have been identified undet a previous Action. Pleasance juzisdictima] dctccminadou Lssuod Action ID I ? • Baits of Jarred dorAW Determtnadon; Boone Po[glatsuaa R C OVA Rtgulgtory Official! Slave Q" i r D&W sattihm 26.7406 1 . Copy Ftuat' W14R (Tamp landy), R.O. Box 134, Newton, NC 28658 i • P. 03 I 0- i 5 Wetland and Natural Resource Consultants, Inc. 20661047 r. s p v t !s 3 j1 ?' i r \ ? t 4_3 U- U.S. Army Corps of Engineers Asheville Regulatory Field Office Attn: Mr. Steve Chapin 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 RE: Broyhill Property Nationwide Permits 3 and 39 Application Watauga County, North Carolina Steve/Daryl: N June 21, 2006 WNR Project # CNLR&DC-1000 NC Division of Water Quality Winston-Salem Regional Office Attn: Mr. Daryl Lamb 585 Waughtown Street Winston-Salem, North Carolina 27107 r `,1 The purpose of this letter is to request written authorization for stream impacts under Nationwide Permits 3 and 39 for the project known as the Broyhill Property in Watauga County, North Carolina. The project proposes permanent impacts associated with nine road crossings with a total of 125 linear feet of new stream impacts and 0.066 acres of new wetland impacts. The attached USGS topographical maps show the location of the project. Impacts are shown on the attached site plan map. The proposed impacts are for road crossings to access a proposed residential development and one lot fill area. The property has been considered for a golf course in the past but the development group that will be proceeding with the project have no plans for a golf course. There are potential stream and wetland restoration and enhancement opportunities on site. We are currently initializing contact with the North Carolina Ecosystem Enhancement Program to discuss these potential opportunities further. The land planners will be developing a stringent stormwater management plan to meet local county requirements since Boone Fork and Cold Prong are classified as ORW waters. The site will contain less than 20% impervious surface and is being developed in such a way to keep the majority of the built upon areas further away from Boone Fork than legally required. The lake that was permitted back in late 2005 under a Canton Office Newton Office PO Box 882 wnrinc.com PO Box 224 Canton, NC 28716 Newton, NC 28658 828-648-8801 828-465-3035 828-648-8802 Fax I 828-465-3050 Fax Nationwide Permit 3 is the central amenity of the project and therefore water quality is of absolute importance. A Corps stream channel data form for the main stream on site is included within this application. for your reference. The North Carolina Division of Water Quality (NC DWQ) classifies Boone Fork and Cold Prong as class "'C" ' "Tr", "ORW" waters. A copy of this application has been submitted to the North Carolina Wildlife Resource Commission for comment as well. Please call with any questions that you may have or to schedule a site visit. Best Regards, ennifer Robertson Canton Office Newton Office PO Box 882 wnrinc.com PO Box 224 Canton, NC 28716 Newton, NC 28658 828-648-8801 828-465-3035 828-648-8802 Fax 2 828-465-3050 Fax t MAY-16-06 07:54 AM WNRC i 437B5E1073 L na CNL C.RV U0/?a:cV d D:aO Ae 044 LOA UQ44 QFi1311 Line .1 CNL km I? 8284653050 P.01 CNL CRO 17 38 46 06.15.2005 1 /2 Uni.? A t3riSUi\? ?.fM1 !'LLV CNL CRa 11:32:05 0& 11.1003 34 Wetiandand eturatResource Consuitnnts, na. Doporu at of the Army Wilmtn Dlatriet, Corps of Fn;inem Attn: K Jelly, Chief Regulmry DM4* PO sox 090 • Wlmi , Norio Cvclkm. 28402-1990 -and- NC Div on of Water Quik, Wetlands Unit At m C d; Karsaty 2321 Cm m" Blvd• fWaIgh, North Carblim 27604-U60 , a i i, tlae cu eat lutdowner of tt?e property identified below, has aby authorize Waitland am tvnturll Resourc (;onsulayant% Inc. to ect on my behalf m my agent during the dawrnilnulon of regula wl Limits of vabe and wetlands and processing of pemdu to impact Wdands and Wuors of the US %bar are reaufated; by ft Clean Wator Act and the Rivers and Harbors Act, f Fedemd A State mom arm autfaorised to be an said propwy when =wnpaniml by Watlatnd and Natural source Camuh:". Inc. staff Wound Natural itesourre Consuf=ta, Inc it audiorRod to pmvtdo 3upplem enw) Idfornxtion needed r petmlt processing as the requaA of dw Corps or DWQ. . Propam1wnerIApplicant' ?o1?aJ B(Zn`!tkiy, ?-- Street dress / PO Bm: %M 12f4LTd t P. Q. sa Y. z4-ri Owl 2!p Code: ad?1 4oa* G_A?At,4w10, 2?b0?'1 Phones/ o Number: 9Zg . et c}: o05o t$. Zb'Z. 0bro Z project lame. "*Ml Street Addreat 4 L9kX. !'+"LKM lMkNS -M E6 f 6,4% 4jq - K (street eddr=6 eity; St" gyp' ownert AppAea'nt SlBmatrla A'O .s.a? i a q i hu 4T t5 2doS f r .. aft PO a= 4 nminccan PO BMW Ne vme, C nes Oaten. NC IVI6 OU-166«7 35 Bllt beis-1?o t D41465.3 SD 1 BU44 .1102 Fat i T ay Pricc ?rTemortal Park Sf0-a N r Boone Irottt Ghasiaia tat _ tL "'22 t: ,. ??td P?CWy .. ?,.x JuIfCF7L'J?riGC . ?1.. r? ..r._v-' ?+?3•r.. 3renwrial Park 4e "4 _ M1S 'C Ansley Heights BlaWing Rack M.3 yptw PatK Laurel Park '321" 8aono Fork " Otsoy . " - •?4t'?rt.Hiat Broyhill Vicinity Al 4--t t t i ?t l'rop c-1-ty MLaP C f? \ r ? •:aa Y. YP rasa ? $. q, ?,x.c ,3 ? --'-awl .; . t ?.3. ?•;•?S ` ? ? `.? 5? ? ,"ti, ? -4 r \ I l r SC: $ A ?\T :,f r. A L r d II, L`•ra 2 '.'•-d ?.• i 3 •j - 4 . T Mkt / ? }?I ?•11 ? ? ., < "1 ? ; 'f q ? r„?Yt! NQ-r t .t ; ?'?\t j 1'ow.-1e. f k ? .? 1 ?}. l y' 1_ ...\ ? Y• r/f : .? Y• J r :--+2-- \ 'q?'v .s4-.?,. - j 'ri it?•rtk,??'7t..?.?....? `-•??-1`` n..n e.. Nr? ?.•.. ?f a -02.`.? ? 'a'• - - _. ~ A ?Y t ., t M%1 '+/y- a -,ti rp, ? p a ^la^. n" > j ep 1 .. •? '~ '-'t ??+ /', t P t 9.' f. A 0 TM d??'i: 4: A W'r • xti L ?'ro a e, sYr 7* W Name: GLOBE Location: 036p 07' 30.9" N 081' 44' 54.26" W Date: 7114/2005 Caption: CNL Realty -Development Corp. Scale: 1 inch equals 1.515 miles Map Output Page 1 of 1 ArcIMS HTML Viewer Me 77 gC? Y'a?'y?§' ^1?r ?FS !IR 4' .e? ? E i ?1 t? 2"y V b :? pM?+ 1? .,: 4-it lin .N ?? ?'. YTiA?4 +f as ^T?T': X31-0 1 y.,'{1? .106 Legend IA/ P : M 74M, Umi 3 AP ? t -v?q? ? .1? 4g,? ? '[ 1 ..+ ?.? •1?? ? a ?..?:J ii ?i GLI::??? ? p :. ALL. ~ T , .1a {{mac C??yyyy'''Syy '- fM_S"3 # 6 '?` I . E ? tom} { 5 n http://www.wataugacounty.org//servletlcom.esri.esrimap. Esrimap?ServiceName=-OVMapS... 7/14/200 , Price Li 1 r ?l• 't? • 1 ..., '. , R"K L r _ 1 -, AN FAF 'C h 4st (t RX t o f ,1h - •, • t a S .1`z e C: w ton y f i 1; 4 h• •.,,. `4 ! ? ? '•, iii 1 r ! .. r „i r '+{? 1 U_? E 7° W' Name: BOONE Location: 036° 07'32.43" N 081 ° 44'54.14" W Date: 7/15/2005 Caption: CNL Realty Development Corp. Scale: 1 inch equals 1000 feet 1997. Maptech, Inc. Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. 2 0 0 6 1 0 4 7 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing F 1. Check all of the approval(s) requested for this project: n,- ® Section 404 Permit ? Riparian or Watershed-Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 3 and NW 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 Q C.1 5 H. Applicant Information JUN 2 it 20C? 1. Owner/Applicant Information Name: Mark Meyer, CNL Realty and Development`orp Mailing Address: 455 South Orange Avenue + Orlando FL 32801-3336 Telephone Number: 407-835-3223 Fax Number: 407-650-1073 E-mail Address: mmeyer@ nl.com 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: Jennifer Robertson Company Affiliation: Wetland and Natural Resource Consultants Mailing Address: P.O Box 882 Canton NC 28716 Telephone Number: 828-648-8801 Fax Number: 828-648-8802 E-mail Address: wnrinc@aol.com Updated 11/1/2005 Page 5 of 13 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: Broyhill Property 2. T.I.P. Project Number or State Project Number (NCDOT Only): not a DOT project 3. Property Identification Number (Tax PIN): 1887-75-1996-000 4. Location County: Watauga County Nearest Town: Blowing Rock Subdivision name (include phase/lot number): not known yet Directions to site (include road numbers/names, landmarks,. etc.): From Blowing Rock, follow 221 West for 6.2 miles. Turn right onto Holloway Mountain Road. The site is the first turn on the right. 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): 0360732.43 ON 0814454.14 °W 6. Property size (acres): 270 acres 7. Name of nearest receiving body of water: Boone Fork. Cad RMOR 8. River Basin: Watauga 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.ne.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: 50% Forested 40% fields and 10% an old lake bed from a Updated 11/1/2005 Page 6 of 13 lake that was breached in 2004. Land use is residential, forestland, agricultural land, and commercial in Blowing 10. Describe the overall project in detail, including the type of equipment to be used: The project will include the development of a residential community and supporting infrastructure. Typical construction equipment will be used. 11. Explain the purpose of the proposed work: The work is needed for the construction of a residential development. 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. The previous owner, John Broyhill, applied for a NW 3 permit to breech the lake in the Fall of 2004 (Action ID #200431425). A NW 3 permit was approved to re-establish the lake in the Fall of 2005 (Action ID #200533095). 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 additional work anticipated. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) Updated 11/1/2005 Page 7 of 13 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 Proposed impact is for the construction of seven replacement culverts with extensions and one new culvert in order to provide access to the proposed residential development. The fill of one wetland is requested to allow more buildable area for one cottage. 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 flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) 4 Road Crossing herbaceous No < 25' 0.003 7 Road Crossing herbaceous No > 100' 0.019' 8 Road Crossing herbaceous No > 200' 0.027 9 Road Crossing herbaceous No < 25' 0.010 10 Road Crossing herbaceous No > 600' 0.007 Total Wetland Impact (acres) 0.066 3. List the total acreage (estimated) of all existing wetlands on the property: 1.78 acres 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) Stream Name Type of Impact Intermittent. Perennial Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 2 UT to Boone Fork Road Crossing P 2 15' 0.001 3 UT to Boone Fork Road Crossing I 3 30' 0.002 5 UT to Boone Fork Road Crossing P 3 20' 0.001 6 UT to Boone Fork Road Crossing P 4 30' 0.003 9 UT to Boone Fork Road Crossing P 3 30' 0.002 Total Stream Impact (by length and acreage) I 125' 0.009 _j j Updated 11/1/2005 Page 8 of 13 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, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma) 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) none 6. List the cumulative impact to all Waters of the U.S. resultina from the proiect: Stream Impact (acres): 0.009 Wetland Impact (acres): 0.066 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.075 Total Stream Impact (linear feet): 160'NW3 125'NW39 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. No isolated streams and/or wetlands exist on the property. 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.): no pond proposed 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 Updated 11/1/2005 Page 9 of 13 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. Stream crossings are needed to access the proposed development. Impacts have been minimized by utilizing existing road crossings at every road crossing but one.. 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 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 httl2://l12o.enr.state.nc.us/ncwetlands/strmgide.htmI.. 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. No mitigation is proposed. As stated in the cover letter we have initiated talks with NC EEP about doing restoration/enhancement work. We have a tentative site meeting set up for the second week in July. Updated 11/1/2005 Page 10 of 13 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.nc.us/M/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): none requested Amount of buffer mitigation requested (square feet): none requested Amount of Riparian wetland mitigation requested (acres): none requested Amount of Non-riparian wetland mitigation requested (acres): none requested Amount of Coastal wetland mitigation requested (acres): none requested 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 ? 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 (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 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 V Yes ? No Updated 11/1/2005 Page 11 of 13 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 multinliers. Zone* ,.part .? Multiplier I Required Total 3. If buffer mitigation is required, please discuss what Donation of Property, Riparian Buffer Restoration Riparian Buffer Restoration Fund). Please attach all within 15A NCAC 2B .0242 or.0244, or.0260. 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 surface will be less than 20% for the nroiect. The land planners will be developing stringent stormwater measures to meet local requirements. 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. Each home will have it's own septic system. XIH. 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 type of mitigation is proposed (i.e., Enhancement, or Payment into the appropriate information as identified Updated 11/1/2005 Page 12 of 13 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.ne.us/ncwetlands. If no, please provide a short narrative description: Blowing Rock is less than 6 miles from the site. There is ekisting development within Blowing; Rock and Boone to support this second home community. 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). _;11-0 Applicot/Agent's Signature Date (Vent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11112005 Page 13 of 13 Site Number Impact Type Existing New Impact Total Im act Impact 1 Bridge 0' 0' 0' 2 Existing 35' 15' 30' Culvert with Extension 3 Existing 20' 30' 50' Culvert with Extension 4 New Culvert 0' 0.003 acres 0.003 acres 5 Existing 30' 20' 50' Culvert with Extension 6 Existing 20' 30' 50' Culvert with Extension 7 Existing 20' 0.019 acres 20' and 0.019 Culvert with acres Extension 8 Existing 15' 0.027 acres 15' and 0.027 Culvert with acres Extension 9 Existing 20' 30' and 0.010 50' and 0.019 Culvert with acres acres Extension 10 New Culvert 0' 0.007 acres 0.007 acres Total 160' 125' and 0.066 265' and 0.075 acres acres 1 ' I J !I I' 3 CO o I I ? i i I I i i I' ? ' \I / li ,? i III /% \?? Q ill w s d d _ a o /. s ? r ? ' N , W a e (:? el OCR l \ N J? 1 I , I C\l CD5 / K 3---•, \ `?" ' [fit / , / ?¢ / y any roc: ?= a q !? (i/ ' 7 r Y / \ \ ?-- CD 00 i "'G ? I 1 mg /•?' 1?C??` "yam' ? J i Cl) z cl? C") d C\J:? DO cV c)?\ C\J'l Q0 cn. on. i U-j N ^ ? r ? n) d ,? ? d 1 ? v c"I CV \ Cry 4 .? d .'.i / ?u / - C r CY) t ? Cyr) 11, 1, 1 ,Iv ? I co Cld Cy-,) U? 1 \ \ cy-) ?- - ' N T r ?. P'-I W (/O ?1 CU / ?--? 00 f ? ? I al I Q C CYJ ; ? i ICI-4 ' l / O 4 i N, 1 r1 1 \ Cf)j i ci O ? I ?.?a ? / ? Jo W -- , CY) I ? I ? '`? W U Cld I I i' Q., Cy-) 1 4-1 II a? i i CY) t .a oo 4 , .a.., -r--4 O 1 ? N II ,71 II cy') 1 c -4 G r . O -I? W U c?3 0i O 0i O _ /yr ^ l y V ??Y xr, CY) 3 cal i 1111 , U, CO l U U G cn a r.. , T1 C\l CNl U U? Q) i Clq •O 0 0 W _ r a 1 q zN ? ?'-,. ?t• ? .ice ? ?.I• h h4 J w L2 Y r ? ?? r. V I ]r r.C .. ? } 1.. t rtr Ar • ..1 ?. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Broyhill Date: 5/3/2006 Applicant / Owner: CNL Realty County: Watuga Investigator: Rebekah Newton State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID: Is the area a potential problem area? Yes No x Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Rhododendron maximum S FAC- 9. 2. Fagus gandifolia T FACU 10. 3. Pinus strobus T FACU 11. 4. CMinus caroliniana T FAC 12. 5. Ligustrum sinense S FAC 13. 6. Fragaria virginiana H FAC- 14. 7. Hydrangea arborescens S FACU 15. g, 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 5/7 = 71% Remarks: HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: _ Other _ Inundated _Saturated in Upper 12" No Recorded Data Available _ Water Marks _ Drift Lines Field Observations: _ Sediment Deposits _ Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) Secondary Indicators: Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: >12 (in.) _ Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) ( Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 10YR54 Sandy Loam Hydric Soil Indicators: _ Histosol _ 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 Wetland Hydrology Present? Yes Hydric Soils Present? Yes No x Is the Sampling Point No x Within a Wetland? Yes_ No x No x Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project/ Site: Broyhill Date: 5/312006 Applicant/ Owner: CNL Realty County: Watuga Investigator: Rebekah Newton State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID: Is the area a potential problem area? Yes No x Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus H FACW+ 9. 2. Alnus ruaosa S FACW 10. 3. Acer rubrum T FAC 11. 4. Carpinus caroliniana T FAC 12. 5. Ligustrum sinense S FAC 13. 6. Ludwigia alternaflora S OBL 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other Inundated x Saturated in Upper 12" No Recorded Data Available _ Water Marks x Drift Lines Field Observations: _ Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 2 (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 2 (in.) _ FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes_ No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 10YR5/2 10YR5/5 Few Sandy Loam Hydric Soil Indicators: _ Histosol _ Concretions Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils X Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Wetland Hydrology Present? Yes x No Hydric Soils Present? Yes x No Is the Sampling Point Within a Wetland? Yes x No_ Remarks: USACE AID# DWQ#, (indicate on attached map) a STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: CNL Realty 2. Evaluator's name: Rebekah Newton 3. Date of evaluation: 5/3/2006 4. Time of evaluation: morning 5. Name of stream: Boone Fork 6. River basin: Watuaga 7. Approximate drainage area: >100 ac 8. Stream order: Third 9. Length of reach evaluated: 50 if 10. County: Watuaua 11. Site coordinates (if known): 36.126495; 81.742563 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ See Map Site 41 14. Proposed channel work (if any): Residential Development 15. Recent weather conditions: Rainy, low-50 to low-70 16. Site conditions at time of visit: Rainy, cool 17. Identify any special waterway classifications known: C; Tr; ORW 18. Is there a pond or lake located upstream of the evaluation point? No If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? Yes 20. Does channel appear on USDA Soil Survey? . 21. Estimated watershed land use: 60% Forested, , 40% Pasture 22. Bankfull width: 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: Gentle (24%) 25. Channel sinuosity: Occasional Bends Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This; channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. Site # STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE O # CHARACTERISTICS SC RE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strong flow = max points 2 . Evidence of past human alteration 0-6 0-5 0-5 2 extensive alteration = 0; no alteration = max oints 3 Riparian zone 0-6 0-4 0-5 3 no buffer = 0;. contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 3 extensive discharges = 0; no discharges = max points) ra 5 Groundwater discharge 0-3 0-4 0-4 4 U no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 - 0-2 2 no flood lain = 0; extensive flood lain = max oints Entrenchment / floodplain access 0- 5 0- 4 0- 2 2 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands j 0-6 0-4 0-2 2 acent wetlands = max points) no wetlands = 0; large ad 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 2 extensive deposition- 0; little or no sediment = max points) 11 Size & diversity of channel bed substrate NA 0-4 0-5 - 4 fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0-4 0-5 4 >4 (deeply incised.= 0; stable bed & banks = max points) ? 13 Presence of major bank failures 0-5 0-5 0-5 4 ??„? ` severe erosion = 0; no erosion, stable banks = max points) 14 Root depth and density on banks 0-3 0-4 0-5 4 F no visible roots = 0; dense roots throughout = max points) 1S Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 2 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 5 no riffles/ripples or pools = 0; well-developed = max points) < 17 Habitat complexity 0-6 0-6 0-6 4 little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 3 no shadin vegetation = 0; continuous canopy = max points) x 19 Substrate embeddedness NA* 0- 4 0- 4 3 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 4 >4 no evidence = 0• common numerous types = max points) 0 21 Presence of amphibians 0-4 0-4 0-4 2 O no evidence = 0; common, numerous types = max points) 04 O 22 Presence of fish 0-4 0-4 0-4 3 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 3 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 72 * These characteristics are not assessed in coastal streams. USACE AID# DWQ # Site # (indicate on attached map) STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: CNL Realty 2. Evaluator's name: Rebekah Newton 3. Date of evaluation: 5/3/2006 4. Time of evaluation: morning 5. Name of stream: UT Boone Fork 6. River basin: Watuaga 7. Approximate drainage area: -40 ac 8. Stream order: Second 9. Length of reach evaluated: 50 If 10. County: Watuaga 11. Site coordinates (if known): 36.125908; 81.742775 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ See Map; Site #2 14. Proposed channel work (if any): Residential Development 15. Recent weather conditions: Rainy: low-50 to low-70 16. Site conditions at time of 17. Identify any special waterway classifications known: C: Tr: ORW 18. Is there a pond or lake located upstream of the evaluation point? No If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? No 20. Does channel appear on USDA Soil Survey? No 21. Estimated watershed land use: 60% Forester 40% Pasture 22. Bankfull width: 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: Gentle (2-4%) 25. Channel sinuosity: Occassional Bends Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE SCORE # CHARACTERISTICS : Coastal Piedmont:. Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 5 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max oints 3 Riparian zone 0-6 0-4 0-5 3 no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 3 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 4 U no discharge = 0; s rin s, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0-4 0-4 0-2 1 no flood lain. = 0; extensive flood lain = max points) Entrenchment / floodplain access 0- 5 0- 4 0- 2 1 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 0 no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 3 extensive deposition- 0; little or no sediment = max points) 1 rl - Size & diversity of channel bed substrate * NA 0 - 4 0 - 5 4 fine, homogenous = 0; large, diverse sizes = max oints 12 Evidence of channel incision or widening 0-5 0-4 0-5 3 (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 4 a 0.0 severe erosion = 0; no erosion, stable banks = max points) 02 14 Root depth and density on banks 0-3 0-4 0-5 3 no visible roots = 0; dense roots throughout = max oints 15 F Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 3 substantial impact =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 5 no riffles/riles or pools = 0• well-developed = max points) 17 Habitat complexity 0-6 0-6 0-6 5 little or no habitat = 0; frequent, varied habitats = max points) 18 Canopy coverage over streambed 0-5 0-5 0-5 3 no shading vegetation = 0; continuous canopy = max points) x 19 Substrate embeddedness NA* 0-4 0-4 3 (deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 4 no evidence = 0• common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common, numerous types = max points) C 22 Presence of fish 0-4 0-4 0-4 1 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 0 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 64 * These characteristics are not assessed in coastal streams. USACE AID# DWQ#. Site # (indicate on attached map) _ STREAM QUALITY ASSESSMENT WORKSHEET s. Provide the following information for the stream reach under assessment: 1. Applicant's name: CNL Realty 2. Evaluator's name: Rebekah Newton 3. Date of evaluation: 5/3/2006 4. Time of evaluation: morning 5. Name of stream: UT Cold Prong 6. River basin: Watuapa 7. Approximate drainage area: -50 ac 8. Stream order: First 9. Length of reach evaluated: 50 if 10. County: Watauga 11. Site coordinates (if known): 36.127910: 81.749053 12. Subdivision name (if any): 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):_ See Map, Site #3 14. Proposed channel work (if any): Residential Development 15. Recent weather conditions: Rainy; low-50 to low-70 16. Site conditions at time of visit: Rainy, cool 17. Identify any special waterway classifications known: C: Tr: ORW 18. Is there a pond or lake located upstream of the evaluation point? No If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? No 20. Does channel appear on USDA Soil Survey? No 21. Estimated watershed land use: 60% Forested, 40% Pasture 22. Bankfull width: 23. Bank height (from bed to top of bank): 24. Channel slope down center of stream: Gentle (2-4%) 25. Channel sinuosity: Occasional Bends Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): Comments: Evaluator's Signature Date This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET ECOREGION POINT RANGE # H C ARACTERISTICS SCORE Coastal Piedmont. Mountain 1 Presence of flow / persistent pools in stream 0-5 0-4 0- 5 5 no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0-5 0-5 4 extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 4 no buffer = 0; contiguous, wide buffer = max oints `4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 4 extensive discharges = 0; no discharges = max points) 5 Groundwater discharge 0-3 0-4 0-4 3 no discharge = 0; springs, seeps, wetlands, etc. = max points) ?., 6 Presence of adjacent floodplain 0-4 0-4 0-2 0 ' no flood lain = 0; extensive flood lain = max points) Entrenchment / floodplain access 0- 5 0- 4 0- 2 0 (deeply entrenched= 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0-4 0-2 1 no wetlands = 0• large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 2 extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0-4 3 extensive deposition-- 0; little or no sediment = max, points) 11 Size & diversity of channel bed substrate * NA 0-4 0-5 4 fine, homogenous = 0;large, diverse sizes = max points) 12 - Evidence of channel incision or widening 0-5 0-4 0-5 4 >+ (deeply incised = 0; stable bed & banks = max points) 13 Presence of major bank failures 0-5 0-5 0-5 4 a severe erosion = 0; no erosion, stable banks = max oints 14 Root depth and density on banks 0-3 0-4 0-5 3 ( no visible roots = 0; dense roots throughout = max points) ?- 15 Impact by agriculture, livestock, or timber production 0-5 0-4 0-5 4 substantial im act =0; no evidence = max points) 16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6 2 E no riffles/ripples or pools = 0; well-developed = max points) 17 Habitat complexity 0-6 0-6 0-6 4 little or no habitat = 0; frequent, varied habitats = max points) d 18 Canopy coverage over streambed 0-5 0-5 0-5 4 x no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 4 deeply embedded = 0; loose structure = max 20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5 3 no evidence = 0• common numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 0 O no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0-4 0-4 0-4 0 no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0-5 1 no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 63 * These characteristics are not assessed in coastal streams. NC DENR - DIVISON OF WATER QUALITY .0305 WATAUGA RIVER BASIN 2B . 03 00 Classification Name of Stream Descr iption Class Date Index No. WATAUGA RIVER From source to U.S. Hwy. 321 B; Tr, HQW 08/01/90 8-(1) Bridge Shanty Spring Branch From source to Watauga River C 05/15/63 8-2 Green Ridge Branch From source to Watauga River C 05/15/63 8-3 Valley Creek From source to Watauga River C;Tr 07/01/73 8-4 i Unnamed Tributary to Watauga From source to dam at B;Tr 10/01/87 8-4.5-(1) River (Seven Devils Resort Seven Devils Resort Lake Lake) i Unnamed Tributary to Watauga i From dam at Seven Devils C;Tr 07/01/73 8-4.5-(2) River Resort Lake to Watauga River Moody Mill Creek From source to Watauga River C;Tr 07/01/73 8-5 Spice Bottom Creek From source to Moody Mill C;Tr 07/01/73 8-5-1 Creek Unnamed Tributary at Camp From source to Watauga River C;Tr 05/15/63 8-6 Rainbow ;Boone Fork (Price Lake) From source to Watauga River C;Tr,ORW 02/01/93 8-7 Cold Prong From source to Boone Fork C;Tr,ORW 02/01/93 8-7-1 Laurel Cree From source to Price La e, C;Tr,ORW 02/01/93 8-7-2 Boone Fork Sims Creek (Sims Pond) From source to Boone Fork C;Tr,ORW 02/01/93 8-7-3 Hoot Camp Branch From source to Sims Creek C;ORW 02/01/93 8-7-3-1 Green Branch From source to Boone Fork C;ORW 02/01/93 8-7-4 Cannon Branch From source to Boone Fork C;ORW 02/01/93 8-7-5 Bee Tree Creek From source to Boone Fork C;ORW 02/01/93 8-7-6 Lance Creek From source to Dam at Camp B;Tr 07/01/73 8-8-(1) j Yonahlossee Bathing Lake Lance Creek From Camp Yonahlossee C,-Tr 07/01/73 8-8-(2) Bathing Lake to Watauga River Big Branch From source to Watauga River C 05/15/63 8-9 Laurel Fork From source to Watauga River C;Tr 05/15/63 8-10 Harrison Branch From source to Laurel Fork C 05/15/63 8-10-1 Unnamed Tributary at N.C. From source to Laurel Fork C 05/15/63 8-10-2 Prison Unit # 116 Upper Laurel Fork From source to Laurel Fork C 05/15/63 8-10-3 Hayes Branch From source to Upper C 05/15/63 8-10-3-1 Laurel Fork Lost Branch From source to Watauga River C;Tr 05/15/63 8-11 Dutch Creek From source to Clark Creek B;Tr 07/01/89 8-12-(0.5) Pigeonroost Creek From source to Dutch Creek a 07/01/89 8-12-1 Dutch Creek From Clark C reek to C;Tr 05/15/63 8-12-(1.5) Watauga Coun ty SR 1112 Clark Creek From source to Dutch Creek C 05/15/63 8-12-2 Craborchard Creek From source to Dutch Creek C;Tr 05/15/63 8-12-3 Dutch Creek From Watauga County SR B;Tr 07/01/89 8-12-(3.5) 1112 to Wata uga River 1 EP-27-05 10:05 AM WNRC 8284653050 P.02 U.S, ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Aaiun to. Afttt County, 'Vi''Vi'it?,taguya USES Quad: Globe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERVIC'.ATIOIN Property Owner / Ati"hurized Alxent: Mr, John Btgexliilk ' low a Rork. NC X8605 i Telephune No.: Size and location of I li (wWt' body. ?? ??s?ei?r - fo*j 4!?'S,.'?!'t!itis:.'x?44 b• r-??,Y1114?451?a?@???,`i'? tl11:x"t•. . ? a+rarr' 8gatarri? ifn?c&; .. of activit 09A)l ro In a x. 22 ' ear (tet of ch el that was-created In cent the -- . IX breed asps r nc artmerty on Ilan" Nara ear &"s6t11;ai?_ _ ?__-- Law, Z i Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act, 33 USC 403) ors R4kNW'Crarra4 Peagia Number: Na6unwidc Permit Number: J2 fir' murk "XUth* =d by thr above net'ereneedpermit provided it is accomplished in strict accordance with the attached i mnditions and your subiitted plans. Any violation of the attaeitrd conditions or deviation from your submitted plans may subjeet;the %mtinee to a atop work; order, a restoration order and/or appropriate legal action. Tlds varjrW' tix't w4 reuaiq 'valid i:l ox vViratka, date wMir" below mdeaa tbc eation%vide suthorieetion is nWited, spended or revoked.! If, prior to the expiration date identified below, the nationwide permit authorisation is reissued ' or odiSrd. this veriftt'* ' Will W114in v .'mtti# (lat. t«,o.ww t alum f lrxter pr?u d.;? :w ., .?"i laRVwRi4'lt;W.0e-? 0 PC= i tfaf+rub ur iv mapen&J, revoked, or is modified, such that the activity would no longer comply th the terms arui c . itioas of am nationwide permit, activities, which have conurenced (i.e., are undo constiudiun) or are uisder ntract to continence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twilve Dnths of the date of th4.narionwide pettssit's: expiaatiorl,:wAK ifacatiota 4x rvvncathw, ttftlm diniv i u"y *gdxwity has been exagsed a• case-by-casebas% t' modify, suspend or revoke the authorizittion, Activities subject to Section 404 (as indicated above) my"reqAke. an i?vislu?l. `?etta;zo: ,uit W*#OF QV.0lir.. 4; *VtAt at 4n- vat 0 V ""I-4. his KC F)?x':?aa A* W3ts.. '?f `'? r fir,,.Upbu.- ~'g;;} iv dremmum Sec Dun 401 requirements. (Z t i r rat- i For activities occurritig within the twenty coastal counties subject to regulation under the Ctmtal Area Management Act (VAMA), or to beginning work f ou must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permitiec of the reipo.nsibility toobtaiii joy ofl%rT -wuht-d 1 , ite .nr e8}'>plmpe?rlslp?srttiis, If there are any questipns regarding ibis verification, any of the conditions of the Prrrrdt, or the Corps of kt?rtifcerr reilulatorv Regulatory Oflir;ial Date of Verification: august ZOti 2006 DWV August 11, 2ff4 cP-27-05 09:40 AM WNRC 8284653050 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200,9,N095 County: Watauga USGS Quad: one GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner;/ Authorized Agent: Mr. John Brovhlll Address; E.Q. ox 2477 Boon 6. NC 28607 Telephone No.: Size and locatiop of property (water body, road name/number, town, etc.). CNL Realty 411.9 Blowing Rock Description of projects area and activity; This permit authorizes rl:establIsNuent of original , .l Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) El Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: I Your work is Authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions, the attached September 19, 2005 North Carolina Wildlife Resources Commission conditions, and ypur submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWP's are scheduled to be ;modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of the ghanges to the NWP's. We will issue a public notice when the NWP's are reissued. Furthermore, if you commence Qr are under contract to commence this activity before the date that the relevant nationwide permit is modified or rev4ed, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to detemtine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are atiy questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x232. P.01 Corps Regulatory Official Steve Ch in Date: Septem er 26, 2005 Expiration Date of Verification: March 18, P-27-05 01:24 PM WNRC 8284653050 P.03 109/27/2006 10:58 41 828 282 0002 GM R PARSONS CPA PUC Id 003 DetermiaetiOn of Judsdk Ord- ? ana-d on Iimilta y information, two appear to be wobts of the US including wcdam& within the abort dmerl projeot uea. 'ills pvdia r+ary deteminadon is not an appealable aedon under the Regulatory Proatnul, nistradva Appeal Process ( Refsrswe 33 CPR Part 331). ? 11ars arc Navigable Waters of the United Sates within the sbove described project area subjsat to the permit requite ats of Section 10 of the Rivets sad Hxbors Act and Sacdaa 404 of the Qaan Water Ail. Unless there is e'change in the law or our published regulations, this dit--nation may be rolled upon fbr a period not to mw five years from the date of this notldeatioa. ® Them a1? waters oi'U US andlor wo4amds within the above described project area 9ubiact to the permit require of Section 404 of the Clew Water Act (CWA)(33 USC 11344). Unlt;as !bare is a change in the law or a+ published regulations, this determination may be Telied upon for a period not to exceed five years }tom the date of this notifitaatiom ? The j trocat tional arena within the above described project area have been identified under a previous action Plcase jurisdictions] detarmhAdoa Issued Aatioa ID Basis ofyuris6onal Determinsdon; Boone F rk-1211aQ¢a R Cvrg1 Rtgultjtoty Q?aa1? Sseva t:hatmin -- ? i )}ate ??i bar 2 .7QOe Copy Fulrn''lled; WNR (Tic p $aady), p.O. Box 2A Pitwton, NC 28658 i i 4 awn:; fL7.1 f \ ' ~ , ~ \ ' ~ ~ ~ \ ~ ~ , . 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Wetland and Natural Resource Consultants . PO Box 882 Canton NC 28716 828-648-8801 ` Bro hill Pro ect Name a~ , ~ s~ Dater......~.~,._,__.e.-__ 0612112006_ ~ s Wet;lan ~elineatior~ Sketch This illustration depicts the approximate limits of jurisdictional Waters of the U.S. (we ~e U.S. (wetlands, open waters, and streams) delineated (flagged) using ~3~~~ X987 Ca~~s of Engineers 1Netianas freiirleatiar~ ~Vient~ai~ . Findings subje~:t to i:utare change and revision. 2) Jurisdictional Wetland areas exhibit positive indicators of all three required parameters parameters (vegetation, soils, and hydrology}, 3) Stream classifications are based on Identification Methods for the Origins oflntermitti ~flntermittentand Perennial Streams V.3.1. (NC Division of Water Quality). Origin points are subject to change based on environmental factors. E hemeral P drainages are typically not regulated but maybe captured as jurisdictional. 4) All findings are approximate until a Jurisdictional Determination is obtained from the U from the US Arm Cor s of Engineers in accordance with Wilmington District policy of July 2005. Y p 0 200' 400' 800` 1200' S) Jurisdictional Wetland and Stream locations are not final until platted by a licensed tan icensed land surve or in accordance with Wilmington District policy of July 2005. Y b) All aimensions, position vocations, ana oounaaries, inciuaing bp-') wetiana ana stream 3na stream positions, are approximate ana are not suitaDie Tor recoraation. 7 In most cases permits are required to impact or disturb Waters of the US. Project pro Project proponent is liable for land disturbing activities on the site undertaken prior to a final Jurisdictional Determination or permit issuance. SCALE=1 "=200'-0" AINW-- -low .4 &L rte` r ]r S. F, . ` ~ ~ r ~ ~ ~ , / ~ ' ~ ` /I ~ , ~ i ~ ~ ~ 1.55 Ac ~ . ~ i ~ I i ~ 2.ObAc ~ 1.03 Ac . ~ 0.99 Ac ~ ~ ` ~ ~ / ~ ~ ,F ~ - 1 1.44 Ac , , / ~ ~ ~ ~ _ I ~ LIOAc 7 'f, i 0.97 Ac ~ ~ ~ 0.99 Ac ~ i ~ I.00 Ac / I , - \ ~ ~ \ i 1.34 Ac i ~ ` , ~ / ~ I ~ ~ ~ ~ - ~ i / ; 1 tt; l 0.77 Ac 1.14 Ac ~ / ~ ~ / 1 ' ~ i i r I ~ \ ~ ~ 1.35 Ac ~ ~ ~ ~ ~ ` ~ 1.08 Ac r 0.83 Ac ~ • ~ / _ \ ~ ~ - ' 1.27 Ac ~ ~ ~ ~ ~ 0.96 Ac ~ ~ ~ ~ 1.03 Ac \ 1.02 Ac ~ . ! _ _ / i ~ 0.80 Ac ~ ~ ~ ~ / _ 1.26 Ac , i I - ~ / r ~ \ , \ ~ 0.93 Ac 1 / ? ~ ~ ~ ~ / ~ / ~ ~ I.13 Ac ~ ~ j I.00 Ac 1.33 Ac ~ • / I.15 Ac ~ , ~ ~ i ~ I 0.92 Ac i ~ / , / Ja(/ ~ i 1.14 Ac ~ i ~ / 1.40 Ac < ! ~ 1.33 Ac ~ ~ ~ f.. , 1.05 Ac _ - ~ , / - ~ ~ 1.52 Ac ~ 0.80 Ac , ~ ~ ~ i i ~ ~ 1.23 Ac ~ i i Ac ~ ~ ~ I.OI Ac i 0.85 ~ r ~ 1 ~ 1.21 Ac , I ~ ~ / 0.78 Ac \ \ 0.85 Ac ~ ~ , - ~ 0.95 Ac ~ ~ . ~ ~ . ~G~s.,.. ; / 1.14 Ac ~ ~ ~ ~ 1.21 Ac 1.46 Ac r i ~ ` i i ~ \ 0.88 Ac ~ 0.88 Ac ~ . - ~ , ~ ~ X0.64 Ac r r , \ ~ 0.97 Ac \ i ~ ~ ~ \ ~ r r r ~ ~ i 1.27 Ac 0.79 Ac ~ 0.75 Ac ~ , ~ ~ . , ~ , i r r 0.81 Ac ~ i ` • _ 0.79 Ac ~ , ~ ~ 0.89 Ac 0.89 Ac ~ ~ 0.89 Ac 0.84 Ac i ~ ' " 0.7 Ac ~ ' 0.61 Ac ~ ` 0.76 Ac ~ i ~ c51 ti 0.76 Ac ~ ~ C 0 ' / r 0.85 Ac 5 , ~ ~ i ~ I r ~ r ~ 0.88 Ac r c49 ~ ~ W,~ ~ fi y` _ _ ~ \ 1.3 I Ac 0.96 Ac - - _ / \ ~ , ~ ~ ~ ~ , I I ~ 0.80 Ac r ` ~ 1.45 Ac ~ ' 0.84 A ~ r ' ~ , ` ~ r ' i ` , r ~ c ~ 1.17 Ac r 48 \ ' . 0.89 Ac r ~ ~ ~ i ~ \ \ 0.96 Ac _ C45 0.85 Ac ~ r 47 r ~ _ _ i 1.20 Ac - ~ 1.32 Ac ~ \ ~ ~ r ~ ~ ~ R ~ \s r r C44 ~ 1.17 Ac r , ' ~ z'~ r ` ~ t~~r § ,~Y,~r~ ~ is s s , ~ ~ C r c42 ~ ~ 1 ' ~ 1 I ~ i 0.71 Ac 4 i \ 1.42 Ac , ~ 1.03 Ac C 3 _ ~ ~v.. . _ 1 ' \ ~ ` I ~ 1.06 Ac ~ ' _ ~ r ~ ~ ~ i ~ 0.89 Ac r ~ c9 ~ ~ C ~ r i r ~ ~ c38 ~ 1.57 Ac - ! ~ ~ Sit # 10 NW 39 = 0.007 ac Fill _ \ ~ r ~ i r ~ ~ ~ . _ - _ c 9 ~ ~ --y, , ~ ~ 0.86 Ac ~ I E _ _ c25 1 - - ~ . _ / 1 ° c24 ~ ~ ~ ~ ~ / / c35 c36 ~ , - , _ , ~ 0 &~~w c23 - c 6 c 7 ~ i ' c37 i / 0 v,~ _ ~ - " ~ c34 / ~ / c22 , ~ c33 ~ Site #5 NW 3 = 0' i pe e _ ~i ~ - c21 0 i e lacement 0 ~xtens~on c20 Pe Pe c 14 ~ ~ c32 / I ~ ~ , , l , ~ i _ 13 _ ~ r it N - 2 P~ 1 - f S e 9 3 0 e Rep acement N 39 20 and 0.010 ac P~ Extension /Fill 7 , - - / I _ pe _ ,c115 c.io c y i > , ~ _ _ -Sete 4 NW 39 0.00 ac PI; e _ / . - / p I , - ~ ~Ite 1 Bridge - 0 _ _ - _ ; i n~ ~ ~ ~ L~ _ ~ ~ . ~ cl2 i ~ ~ / ~ i ~ / _ . " / ~ , S>!te 2 NW 3 35 P~ e lacement W 39 5 I e xtenslon / i Site #8 N 3 =15 Pi e Re lacement 9 = 0.027 ac P~ Extension /Fill ~ ~ ~ Site #6 NW 3 = 20 Pi e Re lace - p . ~ , ipe Replacement NW 39 - 30 Pipe Extension ~ ~ - c 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ i I ~ ~ ~ ~ ' l ~ • ~ # - - , c10 ~ # - ~ ~ ~ ~ • Site 7 NW 3 - 20 Pipe Replacement NW 39 = 0. 19 ac Pipe Extension /Fill, - - , ~ ~ Slte 3 N - 0 PI e Replacement 39 - 30 Plpe xtenslon cl r ; - ~ - Cg ell i.- ~ , 1 r 1 cll ' - - , c6 c7 -y ~ ~ ~ . c2 c5 c8 , ~ c3 c4 _ ~ / - ~ ~ / ~,1 / _ r ~ 3 \ ~ - , ~ I / , 1 _ _ _ ~ , r , , 1 I , r ~ , ~ , ~ ~ ~ ~ / i i , i i Wetland and Natural Resource Consultants PO Box 882, Canton NC 28716 ~ a a ~ ~ _ - 828-648-8801 ' ~ ~ ~ _ r f'7.. 1 f^ _ . i ~~~o°ect Name B o hill j ~ ~ ~ 06/21 /2006, _ . ...-_~...-.a_. ~ M R Nu ~ jl d .d~ - i. ~k _ ..ice""-Ss~ _ .'~~e}' ~ „ . , } Thls illustration depicts the approximate limits of Junsd~ctlonal Waters of the U.S. (wet , ~e U.S. (wetlands, open waters, and streams) delineated (flagged) using the 1987 Corps of Engineers Wetlands Delineation Manual. Findin s sub~ect to future g 7 change and revision. 2) ]urisdictional Wetland areas exhibit positive indicators of all three required parameters ;,L parameters (vegetation, soils, and hydrology). - ~ 3 Stream classifications are based on Identification Methods for the Ori ins oflntermittE 9 flntermittent and Perennial Streams U.3.1. ANC Division of Water Quality}, Origin points are subject to chan a based on environmental factors. E hemeral 9 p drainages are typically not regulated but may be captured as Junsdictional. ~}.b 4) AI! findings are approximate until a Jurisdictional Determination is obtained from the U from the US Army Corps of Engineers in accordance with Wilmington District policy of July 2005. 0 200' 400' 800' 1200' S) Jurisdictional Wetland and Stream bcations are not final until platted by a licensed lan+ icensed land surve ar in accordance with Wilmington District policy of July 2005. Y (3) All aimensions, position iocauons, ana oounaaries, mciuaing uv) weuana ana stream ina stream positions, are approximate ana are not suitaDie ror recoraation. V 7) In most cases permits are required to impact or disturb Waters of the U5. Project prod ?roJ'ect proponent is liable for land disturbing activities on the site undertaken prior to a final Jurisdictional Determination or permit issuance. oil SCALE=1 "=200'-0" s, - s "';unY 3a yfw k