20090901 Ver 1_401 Application_20090809

200908p1
Natural Resource
Reston ation & Consen?ation
August 20, 2009
North Carolina Department of Environment pp. Tirol
?..
And Natural Resources
Division of Water Quality A;UG n e 2CC9
401 Oversight and Express Permits Unit
1650 Mail Service Center vrEt? osa o Tcq ??'?TERe?"?c?
Raleigh, NC 27699-1650
ATTN: Eric Kulz, Stream Mitigation Coordinator
SUBJECT: Application for Nationwide 27 Authorization for the Implementation of the
Shoal Falls Farm Mitigation Project in Henderson County
Please find enclosed with this letter the following items:
1) Preconstruction Notification (PCN) Form;
2) Detailed Wetland Restoration Plan;
3) Check for $570.00
Project Purpose and Description
The purpose of this letter is to provide you with information concerning the Shoal Falls Farm
Mitigation Site (SITE). Restoration Systems, LLC (RS), is proposing stream and wetland
restoration at the Site on behalf of the owner to provide quality stream and wetland credits in the
French Broad River Basin Cataloging Unit 06010108. Some of the credits, as authorized by the
NCDWQ 401 Water Quality Certificate, are dedicated to offset certain impacts from
construction of The Cliffs development. Additional credits resulting from implementation of the
Site will be used for future impacts in the same 8-digit cataloging unit. The SITE is located
approximately 10 miles southwest of Hendersonville at the intersection of Crab Creek Road and
Shoal Falls Road. The SITE is characterized by pasture where cattle actively graze and forested
tracts. Historical and on-going agricultural practices constitute major point sources of pollution
and sedimentation/erosion. Additional stream impacts include bank collapse and erosion,
changes in stream power, sediment transport and loss of characteristic riffle/pool complex
morphology. Site floodplains and historical wetlands have been impacted by deforestation,
vegetation maintenance, stream channelization, and groundwater draw-down from stream
channel downcutting and historical dredging. Land use within the upstream watershed is
currently characterized by relatively undisturbed forest (70+ %), agricultural lands (20+ %) and
residential sites (<10%). Less than five percent of the upstream watershed is impervious.
Restoration, enhancement and preservation of SITE streams and wetlands will result in positive
benefits for water quality and biological diversity in the Shoal Falls Creek-Crab Creek watershed
Pilot Mill • 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Phone [phone] • Fax [phone]
Eric Kulz, NCDWQ
August 20, 2009
Page 2
and will achieve the following goals:
1. Remove nonpoint and point sources of pollution associated with agricultural practices including
a) cessation of broadcasting fertilizer, pesticides, and other agricultural chemicals into and
adjacent to the SITE and b) provide a forested riparian buffer to treat surface runoff.
2. Reduce sedimentation within onsite and downstream receiving waters by a) reducing bank
erosion associated with vegetation maintenance and hoof sheer of SITE streams and wetlands and
b) planting a forested riparian buffer adjacent to Site streams and wetlands.
3. Reestablish stream stability and the capacity to transport watershed flows and sediment loads by
restoring a stable dimension, pattern, and profile supported by natural in-stream habitat and
grade/bank stabilization structures.
4. Promote floodwater attenuation by a) reconnecting bankfull stream flows to the abandoned
floodplain terrace; b) restoring secondary, dredged, straightened, and entrenched tributaries,
thereby reducing floodwater velocities within smaller catchment basins; c) restoration of
depressional floodplain wetlands and floodwater storage capacity within the Site, and d)
revegetating Site floodplains to increase frictional resistance on floodwaters.
5. Improve aquatic habitat with bed variability and the use of in-stream structures.
6. Provide a terrestrial wildlife corridor and refuge in an area that is developed for agricultural
activities.
These goals will be achieved by:
• Restoring approximately 4,930 linear feet of stream channel using Priority I and II
• Enhancing (Level I) approximately 375 linear feet of stream channel by stabilizing banks and
supplemental planting with native forest vegetation.
• Preserving approximately 2,434 linear feet of stream channel along stable, forested reaches.
• Restoring approximately 0.4 acre of riparian wetlands by reconstructing SITE tributaries within
the floodplain, rehydrating floodplain soils, and planting with native forest vegetation.
• Enhancing approximately 0.4 acre of highly impacted riparian wetlands by planting with native
forest vegetation.
• Planting a native forested riparian buffer adjacent to restored streams and wetlands.
Table 1. Effect of Restoration on Stream Lengths
STREAM MITIGATION TYPE EXISTING CHANNEL
LENGTH (If) POST-PROJECT
CHANNEL LENGTH (If)
Crab Creek Restoration II 2,239 2,276
Wyatt Branch Restoration I 293 561
Shoal Creek 1 Restoration I 1,130 1,152
Shoal Creek 2 Preservation 324 324
Shoal Creek 3 Enhancement I 375 375
Shoal Creek 4 Restoration II 929 929
Pace Branch Preservation 1,042 1,042
Little Pace Br Preservation 327 327
Hubbard Br 1 Preservation 741 741
Hubbard Br 2 Restoration I 63 49
Total 7,463 7,776 (NET +313)
Eric Kulz, NCDWQ
August 20, 2009
Page 3
Project Impacts to Jurisdictional Areas
Portions of degraded intermittent and perennial stream channels will be impacted in order to
accomplish restoration and enhancement I goals. Implementation of stream
restoration/enhancement I methodologies and execution of stream design will involve
constructing new channels adjacent to existing channels, followed by diversion of natural stream
flow into new channels, or modifying streams' dimensions and profiles. Where priority I
restoration methodologies are employed, recharging new channel with stream flow will occur
only after new channel is stabilized. Pump around methods are likely to be employed, where
juxtaposition of new and old channels require dewatering portions of the existing channel while
new channel construction is underway. Pump around protocols involve the use of hydraulic
pump(s) to divert stream flow to a lower section of existing stream during critical phases of
channel construction. In these instances, receiving channel will be protected before pumping
operation begins.
Each of the old, existing stream channels will be backfilled following diversion of flows into
new channels. Backfilling of old channels will be undertaken with the goal of providing
microtopograhpic variability to facilitate restoration of wetlands in the hydric floodplain of the
newly established creek channels. Grading of the floodplain will be accomplished in areas
where past alluvial events and spoil deposition from stream channelization activities resulted in
the placement of overburden in portions of the floodplain, effectively burying hydric soils.
Stream restoration design focuses on establishing morphological attributes that will facilitate
overbank flooding frequencies to sustain wetland hydrology in adjacent wetland restoration
areas. All work will be undertaken with stringent erosion control design standards as approved
by the NCDLR.
Justifications for Project Impacts to Jurisdictional Areas
Each of the degraded streams will be restored or enhanced to greater functionality and these
restoration efforts will increase total stream length by approximately 313 linear feet. While no
impacts to jurisdictional wetlands are anticipated, functionality will be restored to almost 0.75
acre of existing wetlands and areas of hydric soils.
Protected Species
Based on the most recently updated (January 31, 2008) county-by-county database of federally
listed species in North Carolina as posted by the Fish and Wildlife Service (FWS) at http://nc-
es.fws.gov/es/countyfr.html, 7 federally protected species (endangered, threatened or threatened
due to similarity of appearance) are listed for Henderson County. In addition, 22 species are
posted with the federal status of FSC (Federal Species of Concern). Table 2 lists the protected
species and indicates if suitable habitat exists within the SITE for each.
Note that the Endangered Species Act of 1973 (ESA), as amended, requires federal actions to
consult with the FWS under Section 7 of the ESA should potential conflicts between the
proposed action and listed species (those protected by law) potentially exist. This project is
Eric Kulz, NCDWQ
August 20, 2009
Page 4
federalized by virtue of funding from the Federal Highway Administration. Species with the
status of FSC are not afforded protection under the ESA. These species are under consideration
for listing, but insufficient information is available to justify listing at this time. Based on their
tenuous status in waters of the state, RS always collaborates with the Catena Group's mussel
expert Tim Savidge about the potential occurrence of freshwater mussels whether or not they are
listed by state or federal resource agencies.
Table 2. -Federally Protected Species for Henderson
Common Name Scientific Name I Status* Suitable Biological
Habitat Conclusion
Vertebrates
Bog turtle Alasmidonta raveneliana E No No Effect
Invertebrates
Not Likely to
Appalachian elktoe Microhexura montivaga E No Adversely
Affect
Not Likely to
Oyster mussel Epioblasma capsaeformis E No Adversely
Affect
Plants
Bunched arrowhead Sagitarria fasciculata E No No Effect
Mountain sweet
pictherplant Saracenia rubra ssp. jonesii E No No Effect
Small whorled pogonia Isotria medeoloides T No No Effect
Swamp pink Helonias bullata T No No Effect
White Irisette Sisyrinchium dichotomum E No No Effect
Endangered = a taxon "in danger of extinction throughout all or a significant portion of its range"; Threatened = a taxon "likely
to become endangered within the foreseeable future throughout all or a significant portion of its range"; Threatened (S/A) = a
species that is threatened due to similarity of appearance with other rare species and is listed for its protection; these species are
not biologically endangered or threatened and are not subject to Section 7 consultation. Note that The Catena Group conducted
surveys for both mussel species with negative results. See report in Restoration Plan.
Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or
artifact deposits over 50 years old. "Significant" cultural resources are those that are eligible or
potentially eligible for inclusion in the National Register of Historic Places. Evaluations of
significance are made with reference to the eligibility criteria of the National Register (36 CFR
60) and in consultation with the North Carolina State Historic Preservation Office (SHPO).
Since this project was integrated into the IP for The Cliffs development project, the SHPO
coordination was handled by the applicant. There are no structures that will be affected by any
aspect of the proposed mitigation implementation
Eric Kulz, NCDWQ
August 20, 2009
Page 5
Trout Waters
Waters within the project area are designated as trout waters. The NCDLR required that the
design be stringent enough to protect trout waters. Trout waters construction moratorium is in
effect between October 15, 2009 and April 15, 2010.
Your time and consideration in reviewing the enclosed material is greatly appreciated. Should
you have any questions about the project, please call me at 919-344-9107. Thank you.
Sincerely,
M. Randal Turner
Enclosures
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D';NR • WATER QUALITY
WETLANDS AND STGRCd'VI VER aRNCt I
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the

Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ? No For the record only for Corps Permit:

? Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Shoal Falls Farm Mitigation Site
2b. County: Henderson
2c. Nearest municipality / town: Hendersonville and Brevard
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Bearpen, LLC
3b. Deed Book and Page No. DB 1265, Page No. 344
3c. Responsible Party (for LLC if
applicable): John Witherspoon
3d. Street address: 27 West Main Street
3e. City, state, zip: Brevard, NC 28712
3f. Telephone no.: 828-877-6404
3g. Fax no.: 828-877-6405
3h. Email address: [e-mail]
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: M. Randall Turner
4c. Business name
(if applicable): Restoration Systems, LLC
4d. Street address: 1101 Haynes Street
4e. City, state, zip: Raleigh, NC 27604
4f. Telephone no.: 919-755-9490
4g. Fax no.: 919-755-9492
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 00952579066855
Latitude: 35.235994 Longitude: -
1 b. Site coordinates (in decimal degrees): 82.597417
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 24.2 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Little River
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: French Broad River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Shoal Falls Farm Restoration Site is a 20+ acre subset of a larger land parcel comprising mostly pasture and forest.
Cattle grazing and row crops constitutes the historical land use within the site and vicinity.
3b. List the total estimated acreage of all existing wetlands on the property:
0.75
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
7,463
3d. Explain the purpose of the proposed project:
Restoration Systems is proposing stream enhancement, restoration and preservation, and wetland
enhancement/restoration to produce credits to offset impacts to the Cliffs development. Portions of the mitigation site not
authorized to be used for the Cliffs will be used to offset future, unspecified impacts, as authorized by the regulatory
community.
3e. Describe the overall project in detail, including the type of equipment to be used:
The primary objectives of this mitigation project are to restore and enhance existing degraded stream channel reaches,
and preserve existing, relatively undisturbed stream reaches, as well as restore or enhance approximately 0.4 acre of
disturbed wetlands.
Equipment that will be utilized to implement the restoration plan may include, but is not limited to track hoes, front end
loaders, tracked dump trucks, and bulldozers.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ® No ? Unknown
project (including all prior phases) in the past?
Comments: No, but Corps has inspected the site.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Axiom Environmental
Name (if known): Grant Lewis, Axiom Environmental Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NIA
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The Cliffs development has applied for 401/404 authorization for impacts to regulated aquatic resources associated with
the construction of a golf course community and with the implementation of the Shoal Falls Farm Mitigation Site.
NCDWQ issued an Individual 401 Certification (No. 3804), but the USACE has decided against issuing a 404 permit at
this time. The USACE Action ID Number is Action ID 200701619.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments: N/A
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T cut & fill Crab Creek ® PER
? INT ® Corps
® DWQ 21 2239
S2 ®P ? T cut & fill Wyatt Branch ® PER
? INT ® Corps
® DWQ 6.5 239
S3 ® P ? T cut & fill Shoal Creek Rch1 ® PER
? INT ® Corps
® DWQ 16.3 1,630
S4 ® P ? T fill Shoal Creek Rch3 ® PER
? INT ® Corps
® DWQ 22.5 375
S5 ®P ? T cut & fill Shoal Creek Rch4 ® PER
? INT ® Corps
® DWQ 19.4 929
S6 ® P ? T cut & fill Hubbard Branch ? PER
® INT ? Corps
? DWQ 4.5 63
3h. Total stream and tributary impacts 5475
3i. Comments: Impacts are permanent, but will result in only temporary losses; overall lengths will be increased
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
f
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: N/A
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ®No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporarv (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments: N/A
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Avoidance of impacts is not possible if unstable streams are to be restored; design reflects least intrusive impacts in order to
result in stable, functional stream geo-morphology
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments: N/A
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments: N/A
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
N/A
Page 7 of 11
PCN Form -Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments: N/A. Project is in French Broad River Basin
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments: N/A
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
2b. Does this project require a Stormwater Management Plan? ? Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
N/A
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Henderson County
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other: N/A
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes
? No
letter.)
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS list of species for Henderson County and habitat descriptions provided in Federal Register and Recovery Plans.
Tim Savidge of The Catena Group conducted field surveys for trout and mussels and determined that no rare species
occur in the streams. See detailed report in Restoration Plan
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Project located in western N.C. Trout habitat is the major issue.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
No structures will be impacted by implementation of mitigation design; The Cliffs coordinated with the SHPO for
clearance.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? County GIS Data Layer
M. Randall Turner

Applicant/Agent's Printed Name App can Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
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PCN Form - Version 1.3 December 10, 2008 Version