20051512 Ver 1_Complete File_20050809

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Environmental Bane & Exchange
Capital · Experience · Expertise

April 7,2006

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10055 Red Run Boulevard
Suite 130
Owings Mills, MD 21117
p 410,356.5159
p 888.781.7075
I 410.356.5822

40 1 AVetlands Unit
North Carolina Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650

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2530 Meridian Parkway
Suite 200
Durham, NC 27713
p 919,806.4542
I 919.806,4770

Subject:

Certi11cation of Completion
Stonebridge Stream Restoration
DWQ Project No. 04-1512

1005 A Street
Suite 313
San Ralael, CA 94901
p 415,462,0163
I 415.454,8012

www.ebxusa.com

Attached is the executed Certi11cation of Completion for the subject project.

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Thomas L. Rinker

cc: Chris Huysman: Wetland and Natural Resource Consultants
Michael Ellison: W.K. Dickson Company, Inc.

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Ulctl~I~. Easley. Govemcr
WiIIi.m G. RO'iS Jr., sQa~ry
l'-brth CCiro1ina Cepartment of En'viro:-:msl)r aM ~tIJf"l Reswrcel>

Alan W. KmG:k. P E. Pire:tor
DiviSion of Water Qu:;liit{

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Cortifle:Jte of Compk)t1on
Upon completion of ell work approved within the 401 Water Quality Certiikation or applicable Buffer
R1.:.1cs, and any subsequent modifications, the awlicllIlt is required to retum thi~ certificate to the
40tIWeUands Unit, Nortn Carolina Divi~on ofWatcr Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650. This form may be returned to DWQ b>, the applicant, the applicant' E autbori7.cd Ggm1, or
the project engi.'1~. It is not :lC;cssary to send crnificatcs from all of these.

APt~~nf's Certificetiot(), I /
L 'nLCMl~J; I.--.. ' 1~1~ t~(^-- , hereby stale that, lO ilia best afmy nbilitics, duecllI'c
and diligence was us:d in t~ observation oft11o construction such that th.e const'1Xtion was observed to
be built wi~Sub~tantia1 compliance and intent of the 401 Wilter Quality Catiticatioll and Buffer
R~lcs, the a ~veflZp. aDd specifications, aDd oth.er SUPP9%' ~ n;ateriah.
Sl~turt:: -( \I~. l, Date: 4 ,LI Lc /, ,
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Agent's CertJf1C4t1on
L , ncteby stat~ that, to the best (lfrny abilities, due care
and diligence was used in the ob~e:"Valion of the construction liU-;h that the construction was obscrv~d to
be built within substantial corr:plia:lC:= and intent ofthe 401 Water Quality Certificnticn and Buffer
Rules. the approved plwu a:1d ~ecifications, ar.d other supporting malerials.
Sig::lature: Date:

'fthls project W.1S de~;gned by 4 Certified Profcsstonal
I, I as a duly r~gistered Prof~sional__ (Le.,
Engineer, Umds~pe .'\rchitect. Surveyor, etc.) in the Statc of North Carolina, having be...o.n authorized
to observe (periodically, weekly, full time) the construction of the project, for the Pcnnitee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the CQIl5trucUon
such th<rt the construction was obstTYed to be built within substantial COmpliaDCC and intent of the 401
Wa~cr Quality Certification and Buff~r Rules, the approved plans and specifi~ti0113, and other
supporting matcrWs.
Signature Registration No. Date

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Michael F. Easley, Govcrnor

William G. Ross Jr., Sccretary
North Carolina Departmcnt of Environmcnt and Natural Rcsourccs

Alan W. Klimck, r.E. Director
Division of Water Quality

August 18, 2005

DWQ Project # 05-1512
Henderson County

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Approval of 401 Water Quality Certification with Additional Conditions

Ty Rhodes
Park Place Developers, LLC
1219 Greenville Highway
Hendersonville, NC 28739

Subject Property:

Townhome Community on NC Hwy 191
Henderson County

Dear Mr. Rhodes:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 125 linear feet of perennial streams, 335
linear feet of intermittent streams and 75 feet of streambank stabilization for the purpose
of property access for developement at the subject property, as described within your
amended application received by the N.C. Division of Water Quality (DWQ) on August
9, 2005. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 & 3494 (GC3402 &
GC3494). The Certification(s) allows you to use Nationwide Permit(s) 39 & 3 when
issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge, stormwater and buffer regulations. Also, this approval to proceed
with your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

Ngn~thCarolina
;Vlltllm//!/

401 Wetlands Certification Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
~hone: 919-733-1786/ FAX [phone]/lnlemel: http://h2oenr,state,ncus/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Pest Consumer Paper

y

Park Place Developers, LLC
Page 3 of7
August 18, 2005

4. No Sediment & Erosion Control Measures wIn Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401I\Netlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Diffuse Flow (No Review)

All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that
it will not re-concentrate before discharging into a strea. If this is not possible, it may
be necessary to provide stormwater facilities that are considered to remove nitrogen.
This may require additional approval from this Office.

7. Buffer Re-establishemnt

A 25 foot woody buffer, from the top of each bank, shall be established on all
jurisdictional waters throughout the property, where none currently exist, to preserve
water quality as defined in 15A NCAC .0202 (65). All buffer re-establishment shall
be in accordance with the Guidelines for Riparian Buffer Restoration. (See
attached)

8. Protective Fencing

The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked
with orange warning fencing (or similar high visibility material) for the areas that have
been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities.

9. Turbidity Standard

The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.

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Park Place Developers, LLC
Page 5 of7
August 18,2005

14. Culvert Installation

Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.

Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.

The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or other
bank hardening methods. If rip-rap is necessary, it shall not be placed in the
stream bed, unless specifically approved by the Division of Water Quality.

Upon completion of the project, the Applicant shall complete and return the
enclosed "Certificate of Completion" form to notify NCDWQ when all work
included in the S401 Certification has been completed. The responsible party
shall complete the attached form and return it to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project. Please send
photographs upstream and downstream of each culvert site to document correct
installation along with the Certificate of Completion form.

15. "Re-opener" Clause

Wests ide Land and Timber Company, Inc. and its authorized agents shall
conduct its activities in a manner consistent with State water quality standards
(including any requirements resulting from compliance with section 303(d) of the
Clean Water Act) and any other appropriate requirements of State law and
federal law. Westside Land and Timber Company, Inc. shall require its
contractors (and/or agents) to comply with all of the terms of this Certification,
and shall provide each of its contractors (and/or agents) a copy of this
Certification. A copy of this Certification shall be included in the construction
contract and available on the job site at all times. If DWQ determines that such
standards or laws are not being met (including the failure to sustain a designated
or achieved use) or that State or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and

.,

USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files

Park Place Developers, LLC
Page 70f7
August 18, 2005

Filename: 05-1512.Hwy191.Approval

Triage Check List

Date: 08/11/05

Project Name: Hwy 191 c/o Park Place Developers
DWQ #:05-1512
County: Henderson

Kevin Barnett, Asheville Regional Office

To:

60-day Processing Time: 8/9/05 to 10/7/05

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.

D
D
D
D
D
D
D
D
D
D
D
D

Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
Mitigation Ratios
Ditching
Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
Is the application consistent with pre-application meetings?
Cumulative impact concern

Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

CLEARWATER ENVIRONMENTAL
CONSULTANTS, INC.
224 N. Main Street, Suite 202
Hendersonville, NC 28792
[phone]
FAX [phone]

Ms. Cyndi Karoly

NC Division of Water Quality

1650 Mail Service Center

Raleigh, NC 27699-1650

LETTER OF T~M~~
AUG 9 2005

DENR. WATER QUALITY

WFTI'" ""
DATE: I PROJECT:
8-5-05
ATTENTION:
RE: Brookside

WE ARE SENDING YOU 0 AITACHED 0 UNDER SEPARATE COVER VIA

THE FOLLOWING ITEMS:

COPIES DATE NO. DESCRIPTION
5 8-5-05 Nationwide Permit Application 39

THESE ARE TRANSMIITED AS CHECK BELOW:

[8] For approval

o Approved as submitted

o For your use

o Approved as noted

o As requested

o Returned for corrections

o Materials returned after loan to us

0_

o For review and conm1ent

REMARKS:

o Resubmit _ copies for approval

o Submit _ copies for distribution

o Return _ corrected prints

Enclosed is one copy of a Nationwide Pem1it 39 & 3 application for Brookside development in Henderson
County,

North Carolina.

Please do not hesitate to contact me if you have any questions or comments.

SIGNED, (( ~hl/~

CLEARWATER ENVIRONl\IENTAL CONSULTANTS, INC.

COPY TO:

Kevin Bamet.

OB~04/2005 13:47

8285981555

t-'~Kt-'LAL:t.

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Augl. st 4, 2005

Mr. c ,~lr;mcnt Riddle
Clea Water Environmental
224 ;;outh Grove Street, Suite F
Henllt:r60nvitle, NC 28792

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AUG 9 2005

RE: Brookside
Hcndersonville, North Carolina

DENR - WATER QUALITY 1
WETWIDS MID STOOl.w,l.TER BRA!.CH

Dea~Mr. Riddle

On b~ha.1f of Park Place Developers, you are hereby authorized to nct as the agent for
Broikside in Hendcrsonville, North Carolina pertaining to all wetlands petmitting
matcrs on the above referenced project.

SinQ;o:1y,

-r~2.

Ty ~hodcs

J219 <J~'eenvaze :J{igft.way /If .1fenaersonvi([e, :Nortft. Carouna 28739 · 828-698-1671

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d&e=~t 510'.0 'nlj

Office Use Only:

Form Version March 05

USACE Action ID No. D\VQ 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 Pennit D Riparian or Watershed Buffer Rules
D Section 10 Permit D Isolated Wetland Pernlit from DWQ
~ 401 Water Quality Certification D Express 401 Water Quality Certification

2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39 and 3

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

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: D

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: D

1. Owner/Applicant Information
Name: Park Place Developers, LLC
Mailing Address: Attention: Ty Rhodes
1219 Greenville Highway
Hendersonville. North Carolina 28739

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AUG ~ 7005

II.

Applicant Information

Or:ilt<-NliT~R QUALITY
WETWIDSAND STORMWATER BfWlCH

Telephone Number: [phone]
E-mail Address:

Fax Number: [phone]

2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: R. Clement Riddle
Company Affiliation: ClearWater Environmental Consultants, Inc.
Mailing Address: 224 South Grove Street, Suite F
Hendersonville. NC 28792

Telephone Number: 828-698-9800
E-mail Address:[e-mail]

Fax Number: 828-698-9003

Page 5 of 12

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 inforn1ed that
the project has been placed on hold until decipherable maps are provided.

1. Name of project: Highway 191

2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A

3. Property Identification Number (Tax PIN): 9559952168

4. Location
County: Henderson Nearest Town: Hendersonville
Subdivision name (include phase/lot number): Not in Subdivision
Directions to site (include road numbers/names, landmarks, etc.): From Hendersonville
travel on highway 191 west approximately one mile. Immediately after passing Henderson
Village subdivision turn left into driveway with white brick pillars on either side.

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): 35020.165' ON 82029.380' ow

6. Property size (acres): 8.83-acres

7. Name of nearest receiving body of water: Brittain Creek

8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has one residential building and an existing pond.
The surrounding land use includes subdivisions and single family residential lots.

Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: This
proiect involves construction of residential community town homes and associated roads.
Typical construction equipment such as backhoes and bulldozers will be used to complete
this work.

11. Explain the purpose of the proposed work: Construction of new roads and stormwater
drainage for access in a new residential community.

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 pem1its 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.
Rebecca Newton, US ACE. verified the waters of the US on July 11. 2005

V. Future Project Plans

Are any future pennit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated.

VI. Proposed Impacts to 'Vaters of the United States/'Vaters 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 (intem1ittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.

1. Provide a written description of the proposed impacts: Culvert 125 linear feet of
perennial stream. Fill 335 linear feet of intermittent unimportant (ephemeral) stream.
Stream data sheets attached. The applicant is also proposing bank stabilization on Brittain
Creek. This stabilization (less than 75 feet) is not for mitigation credit. The applicant will

Page 7 of 12

use natural materials to construct 1-3 cross veins. Planting of the stream banks will involve
native species from the water line to top of bank. No hard engineering (rip-rap or gabions)
will be used at this location.

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. No wetland impacts proposed

Type of Wetland Located within Distance to Area of
Wetland Impact 100-year Nearest Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)

3. List the total acreage (estimated) of all existing wetlands on the property: 0

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
b . 1 d d T 1 I It' I I h X 'd hId' 'd b 43560

must e mc u e . o ca cu ate acreage, mu IPlY engt WI t , t len IVI e 'Y ,
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
1 UT Brittain Creek Fill Intermittent 2 335 .015
Ephemeral
2 UT Brittain Creek Culvert Perennial 3 125 .009
Total Permanent Stream Impact (by length and acreage) 460 .024

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, dred in , floodin , draina e, bulkheads, etc. No im acts ro osed
Open Water Impact Name of Water body Type of Water body
Site Number (if applicable) Type ofImpact (lake, pond, estuary, sound, bay,
indicate on ma ocean, etc.

none

none

Total Open Water Impact (acres)

6. List tI

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flU S

I' fi

Ie cumu atIve Impact to a aters 0 tIe . resu tmg rom t Ie proJect:
Permanent Stream Impact (acres): 0.024
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Permanent Impact to Waters of the U.S. (acres) 0.024
Total Permanent Perennial and intermittent Stream Impact 460
(linear feet):

Page 8 of 12

7. Isolated Waters
Do any isolated waters exist on the property? 0 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.

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): 0 uplands D stream 0 wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/ A
Size of watershed draining to pond: N/A Expected pond surface area: N/A

VII. Impact Justification (Avoidance and Minimization)

Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Due to the width of the parcel
and the location of the existing pond the proposed main road alignment is the only feasible way
to access the southern portion of the property. The applicant has avoided impacts to Brittain
Creek by proposing a bridge over this stream The main road is the limited by the existing pond
and channelized stream. The road width necessitates the filling of this 125 linear feet of stream.
Filling of 335 linear feet of intennittent unimportant (stormwater) channel is necessary in order
to stabilize site drainage and provide additional building space. It is important to note that this
stormwater drainage is not shown on USGS or NRCS soil survey maps as an intermittent
channel. There is no stream channel on the other side of US Highway 191. Our observations
conclude that this channel is entirely storn1\vater conduit. This conclusion is supported by
numerous roots and herbaceous (upland) vegetation in the channel.

VIII. Mitigation

DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.

Page 9 of 12

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 enviromnent 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
hUp:/ /h20. enr. state. nC.lls/ncwet lancls/stm1 gicle. htm 1.

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.
None proposed as impacts to aquatic resources are minimal.

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
[phone] 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://h20.cnr.state.nc.us/wrp/inclex.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:

Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
AnlOunt of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):

Page 10 of 12

IX. Environmental Documentation (required by D\VQ)

1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes 0 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 (NEP A/SEP A)?
Note: If you are not sure whether a NEP A/SEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEP A or SEP A final approval letter. Yes 0 No 0

X. Proposed Impacts on Riparian and \Vatershed Buffers (required by D\VQ)

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 proj ect impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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 N/ A )? Yes 0 No ~

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffi I . r

er mu tIp~ lers.
Zone* Impact Multiplier Required
(square feet) Mitigation
I 3 (2 for Catawba)
2 1.5
Total

. Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A

Page 11 of 12

XI. Stormwater (required by D\VQ)

Dcscribe impervious acreage (existing and proposed) versus total acreage on thc site. Discuss
stom1\vater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impcrvious surface excecds 20%, please provide calculations
demonstrating total proposed impervious level. N/ A

XII. Sewage Disposal (required by D\VQ)

Clcarly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastcwater gencratcd from thc proposed project, or available capacity of the subject facility.
The dcvelopment will connect to the existing municipal sewer system.

XIII. Violations (required by D\VQ)

Is this sitc in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffcr Rulcs?
Yes 0 No ~

Is this an after-the-fact pennit application? Ycs 0

No ~

XIV. Cumulative Impacts (required by D\VQ)

Will this project (based on past and reasonably anticipated future impacts) result in additional
developmcnt, which could impact ncarby downstream water quality? Yes 0 No [g]
If yes, plcase submit a qualitative or quantitativc cumulative impact analysis in accordance with
the most rccent North Carolina Division of Water Quality policy postcd on our website at
http://h20.enr.statc.nc.us/ncwetlands. Ifno, please providc a short narrative dcscription:

XV. Other Circumstances (Optional):

It is thc applicant's rcsponsibility 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, datcs associated with Endangered and
Threatened Specics, accessibility problems, or other issues outside of the applicant's control).

f{ C~~t (t->-Ob-

ApplicanUAgent's Signature Date
(Agcnt's signature is valid only if an authorization letter from the applicant is provided.)

Page 12 of 12

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CLEAR WATER

191, Rhodes
Henderson County
North Carolina

Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
828-698-9800

Site Vicinity Map
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CLEAR WATER

191
Henderson County
North Carolina

Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
828-698-9800

USGS Topographic Site Map
Figure 2

Scale: 1 :20,000
Source: USDA, Natural Resources Conservation Services, Henderson County, North Carolina

CLEAR WATER

191, Rhodes
Henderson County
North Carolina

Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, NC 28792
828-698-9800

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Note: The header rock should be offset upstream of the
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The Internal Technical Guide for Stream Work ill North Carolina

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USACE AID#

DWQ#

Site #

(indicate on attached map)

m

STREAM QUALITY ASSESSMENT WORKSHEET

.~~
~

Provide the following Information for thc strcam reach under assessment:
1. Applicant's name: ~ /?tz",oIe5 2. Evaluator's name: SoP -ao~a...5'
3. Date of evaluation: 0> f- ~.5 4. Time of evaluation: ~ ~
5. Name of stream: ct t V1 6. River basin: p;;:. .//0 o.-d
7. Approximate drainage area: 0 · ...~ 8. Stream order: 3
9. Length ofreach evaluated: 3 00 ~ 10. County: ~~ 50 P1
11. Site coordinates (if known): 12. Subdivision namc (if any): ,A/ //1
Latitude (ex. 34.872312): ;V Longitude (ex.-77.SS6611): W '8 C)- 0 ~ 9, 3 go I
Method location detennined (circle): GPS Tapa Sheet Ortho (Aerial) Photo/GIS Other GIS Other
13. Location of reach under evaluation (note near y roads and landmarks and attach map identifying strcam(s) location):
)o~ 5('~ oT H~ /9/

14. Proposed channel work (if any): (j 11 f7 1'10 v<J VI

15. Recent weather conditions: 5lA VI f"\ 7 - tf 6" F

16. Site conditions at timc of visit: .5 CA n n V - 7 CJ of
/
17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat

_Trout Waters _Outstanding Resource Waters _ Nutrient Sensitivc Waters _Water Supply Watershed _(I-IV)

18. Is there a pond or lake located upstream of the evaluation pOint?@NO If yes, estimatc thc water surface area: t1I1a'/' R,.d

19. Does channel appear on USGS quad map~O 20. Does channel appear on USDA Soil Survey? cWNO

21. Estimated watershed land usc: ():) % Residential _% Commercial _% Industrial ~% Agricultural

90 % Forested _% Cleared I Logged _% Other (

22. Bankfull width: / d. ~ 23. Bank height (from bed to top of bank): 7" ~

24. Channel slope down center of stream: _Flat (0 to 2%) X Gentle (2 to 4%) _Moderate (4 to 10%) _Steep (> 1 0%)

25. Channel sinuosity: LStraight _Occasional bends _Frequent meander _Very sinuous _Braided channel

Instructions for completion of worksheet (located on page 2): Begin by detennining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ccoregion. Assign points
to each characteristie within the range shown for the ecoregion. Page 3 provides a brief description of how to rcview the
characteristics identified in the worksheet. Scores should reflect an overall assessmcnt of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in thc scoring box and provide an explanation in thc
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 rcaches that display more continuity, and a separate fonn used to evaluate cach
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.

E..lu.',,',Sigu.t... ~~ Datu 6~~ 6
This channel evaluation fofm 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 scorc resulting from the completion of this form is subject to USACE approval and docs not imply a
particular mitigation ratio or requirement. Fonn subject to change - version 06/03. To Comment, please call 919-876-8441 x 26.

STREAM QUALITY ASSESSMENT WORKSHEET

o
I
o
I
:5
I
I

. These characteristics are not assessed in coastal streams.

2

USACE AID#

DWQ#

Site #

(indicate on attached map)

[I;!;!':!] STREAM QUALITY ASSESSMENT WORKSHEET ..

P,ovld. tb"oUowln.lnlo,m.tlon lo"b. "".m "nob und."",."m.n" 0 1-00' .

I. Appli"n!', nam" I ~ I< h ~ ,. Evalu"o,' ,",",no I1E D (#1<> "'"'<?. l'

3. D.to ol.v.ln"ion: r; ~ 15.+10. . ~ 4. Tim. 01 '~'IU'lion: _ tr rf7 ~:

5. Name of stream: 4T i-o__(",_fY! U_ 6.Rlverbasm: ~ J!J/'oa...d

7. Approximate drainage area: > rDO a.cn.a....u, 8. Stream order: I -f-

9. Length of reach evaluated: 7')0' 10. County: ~~.5'''Y7

ll. Site coordinates (if known): 12. Subdivision name (if any): /U 1// 8

Latitude (ed4.872312): /II Longitude (ex.-77.556611): k.J <JC)o{).9,3 0'

Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other
13. Location of reach under evaluation (not y roads and landmarks and attach map identifying stream(s) location):
:5o~ 5/00- or f!7~ /9/

14. Proposed channel work (if any): Ij JII f7 j/totJ v1.

15. Recent weather conditions: ,5 ~ ;1 Y1 T 8'0 OF

16. Site conditions at time of visit: :S u.. Vf n'j -:; tJ 0 r

17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat

_Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed _(I-IV)

18. Is there a pond or lake located upstream of the evaluation point? YE@fyes, estimate the water surface area:

19. Does channel appear on USGS quad map? YEscg) 20. Does channel appear on USDA Soil Swvey? YES~

21. Estimated watershed land use: lco% Residential _% Conunercial _% Industrial _% Agricultural

\"" -L _% Forested _% Cleared / Logged _% Other (

22. Bankfull width: 9- -TQa.../\ 23. Bank height (from bed to top of bank): Z ~

24. Channel slope down center of stream: _Flat (0 to 2%) _Gentle (2 to 4%) ...2(Moderate (4 to 10%) _Steep (>10%)

25. Channel sinuosity: LStraight _Occasional bends _Frequent meander _Very sinuous _Braided channel

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
conunent 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 (f}'om reverse):
of.! 5 c h Oo/1.r

dl

oc c ~ 1"

~e~ts:

ex ~ 3,'ve.

sio,. IA'1 &.<J~ ~

Evaluator's Signature ~ ?~ Date (;~t?65
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 Conunent, please call 919-876-8441 x 26.

.'

STREAM QUALITY ASSESSMENT WORKSHEET

. These characteristics are not assessed in coastal streams.

2