20060784 Ver 1_COMPLETE FILE_20060509

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 15, 2006
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Jim Bryson & Roland Pugh 7005 3110 0003 5474 0172
Post Office Box 246
Highlands, NC 28741
Subject Property: Slab Town Road Project
Slab Town Road, Cashiers, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Bryson & Pugh :
Alan W. Klimek, P.E. Director
Division of Water Quality
o-r8`f
DWQ Project # 06123&-
Jackson County
On July 7, 2006, the Division of Water Quality (DWQ) received your additional
information submitted in regards to your request to perform work along wetlands and
streams in the Cashiers area. As of today, the DWQ has not received sufficient
information in regards to our request. Therefore, we are returning your application as
incomplete in accordance with 15A NCAC 2H .0506. In order for your project to be
reviewed in the future, you must submit a complete application along with the
appropriate processing fee, including, but not limited to:
• A thorough discussion as to the steps taken to avoid or minimize impacts to
waters of the state.
• Supporting documentation which would support a claim that this development
would not adversely impact brook trout in accordance with 15A NCAC 02H .0506
(b)(2).
• Submission of a State Individual Stormwater Permit as required by 15A NCAC
02H .1007
• Inclusion of plans for stormwater management and treatment which would
comply with 15A NCAC 02H .1000
• Plan details which would include 100' woody buffers from the top of bank or edge
of wetlands in accordance with 15A NCAC 02H .1000
• Plan details which would include the above referenced stormwater treatment.
• Mitigation which will comply with the published Mitigation Guidelines located at
http://www.saw.usace.army.mil/wetlands/Miti ation/permitting.htm
al'6J ,?
S E P 2 0 2006
t?E'oCil"'RQi.r.4,i_ITY
?VRT'u?14%l3 R zlj STOFM?AR?6 I'i:R BRANCH
N
401 Wetlands Certification Unit N A(rallb,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: httD://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Slab Town Road
Page 2 of 2
September 15, 2006
As you have no authorization under Section 401 of the Clean Water Act for this activity,
and work within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Ms. Cyndi Karoly at 919-733-1786 or Mr.
Kevin Barnett at 828-296-4657 if you have any questions this matter.
Sincerely,
Kevin H Barnett, Environmental Chemist
Surface Water Protection
C Klkhb
cc: D. Nick Roark, President
Ecological Associates, Inc.
4676 Bears Bluff Road
Wadmalaw Island, SC 29487
Cyndi Karoly, DWQ, Wetlands / 401 Permitting Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-0784.SlabTown Road. returned
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
June 12, 2006
DWQ Project # 06-0784
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED 7005 0390 00013553 0742
Jim Bryson & Roland Pugh
Post Office Box 246 .
Highlands, NC 28741
Subject Property: Slab Town Road Protect JUN 2 01 L006
Slab Town Road, Cashiers, NC
REQUEST FOR MORE INFORMATION
Dear Mr. Bryson & Pugh :
'WETLANDS ANUWSTC?RMWA CROAIER BRANCH
On May 9, 2006, the Division of Water Quality (DWQ) received your application dated
May 4, 2006 to impact 0.38 acres of wetlands for the purpose of property
developement. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional
information in order to process your application to impact wetlands and buffers on the
subject property. Therefore, unless we receive the additional information requested
below, we will have to move toward denial of your application as required by 15A NCAC
2H .0506 and will place this project on hold as incomplete until we receive this
additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. River Basin
Under Item III. 8. of your submitted application, you reference that the project will
take place in the Chatooga River Basin. This is not one of North Carolina's 17
listed river Basins. Please refer to
http://www.ncwatergualitV.org/bims/reports/reportsWB.html to identify and choose a
designated river basin.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet www.ncwaterauality.org
NorthCarolina
Aatura!!if
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Slabtown Road Developement
Page 2 of 3
June 12, 2006 _
2. Impact Justification (Avoidance and Minimization)
Under Item VII of your submitted application, you indicate that "[I]mpacts to
wetlands on the site were minimized to the maximum extend possible." Neither this
section, nor Appendix A. explain the steps take to achieve the necessary
minimization.
3. Mitigation
Under Item Vlll. 1. of your submitted application, you indicate that mitigation will be
achieved through "wetland and stream preservation, enhancement by buffering,
and wetland creation." As this branch of the Chattooga River is classified at B,
Trout, Outstanding Waters), a minimum 25', undisturbed, vegetated buffer must be
maintained at all times on the aquatic resources. An average buffer does not meet
this requirement and because the buffer is required under 15A NCAC 04B .0125, it
cannot be used as mitigation. Additionally, as these are ORW waters, the state
Stormwater Management rules ( 15a NCAC 02H .0100 ) apply. As the density of
your proposed development exceeds 30% of the site area, you will have to secure
a State Individual Stormwater Permit, provide treatment for rainfall event runoff
from all surfaces generated by one inch of rainfall, and provide a 100' woody buffer
on all streams and wetlands.
4. Stormwater Management / Waterwater Management / etc.
Page 12 of 13 of your submitted application is absent. You must provide a copy of
this page for our review.
5. Appendix B
In Appendix B, Section 1.0 of your submitted application, you indicate that the
stream onsite "supports juvenile brook trout." As Brook Trout are one of the most
sensitive species of Trout, and the existing use of the stream supports this use, you
must provide a management plan for the protection and propagation of this species
during and following your project.
In Appendix B, Section 3.0 of your submitted application, you reference the
utilization of the 1989 Manual (Federal Interagency Committee for Wetland
Delineation, 1989). As this is not the recognized wetland delineation manual, you
must utilize other delineation criteria for success monitoring. Additionally, the
Division of Water Quality will require a 5 year monitoring protocol for any
constructed wetlands in relation to this project.
In Appendix B, Section 4.0 of your submitted application you indicate that
monitoring will be submitted to SCDEHC. Any Water Quality Certification issued by
the NC Division of Water Quality will require that the information be submitted to

Slabtown Road Developement
Page 3 of 3
June 12, 2006
the Regional Office and the Central Office of the NC Division of Water Quality.
Additionally, you indicate that the responsibility for mitigation will transfer with the
property. The DWQ will require that any and all mitigation be completed prior to
the impacts occurring. Additionally, this responsibility will remain with the entity to
which the Water Quality Certification is issued.
In Appendix B, Table 1 of your submitted application you indicate that Red Maple
(Acer rubrum) will be planted as part of the buffer. Acer rubrum is not listed within
the Guidelines for Riparian Buffer Restoration nor is it an acceptable plant
species for riparian buffer restoration. You must modify your planting list to reflect
plants deemed to be appropriate for buffer restoration as listed in Guidelines for
Riparian Buffer Restoration.
Please respond within 10 business days of the date of this letter by sending this
information to me in writing and Kevin Barnett of the DWQ Asheville Regional Office. If
we do not hear from you within three weeks, we will assume that you no longer want to
pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please call Kevin
Barnett at 828-230-8470 if you have any questions regarding or would like to set up a
meeting to discuss this matter.
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Unit
Division of Water Quality
JRD/khb
cc: D. Nick Roark, President
Ecological Associates, Inc.
4676 Bears Bluff Road
Wadmalaw Island, SC 29487
Cyndi Karoly, DWQ Central Office
David Baker, USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-0784.SlabTownRoad. addinfo
Triage Check List
Date: 5/15/06
To:
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 5/09/06 to 7/07/06
Project Name: Slab Town Road
DWQ #:06-0784
County: Jackson
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (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!
i
Office Use Only:
USACE Action ID No.
(If any particular item is not
1. Processing
Form Version May 2002
No. 2- 0
to the project, please enter "Not Applicable" or "N/A".)

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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
H. Applicant Information

1. Owner/Applicant Information MAY 21106
Name: Jim Bryson & Roland Pugh
Mailing Address: P.O. Box 246 DENR - YVAI ER cX( ALrl t
Highlands, North Carolina 29741 -4 1OHMMM ' "
Attn: Mr. Jim Bryson
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Nick Roark
Company Affiliation: Ecological Associates. Inc.
Mailing Address: 4676 Bears Bluff Road
Wadmalaw Island. SC 29487
Telephone Number: [phone] Fax Number: (843 559-1564
E-mail Address: ecologyn @Ao-l.comt
Page 5 of 13
M. 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: Slab Town Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Jackson Co. PIN 7572-02-9163
4. Location
County: Jackson Nearest Town: Cashiers
Subdivision name (include phase/lot number): Slab Town Road Site
Directions to site (include road numbers, landmarks, etc.):
From Cashiers, N.C., go west on Highway 64. Go approx. 0.6 mi. west on Hi hway 64 from
the 107/64 intersection (stow light) to Slab Town Road Site is on the rt. [north) adjacent to
Highway 64 and Slab Town Rd
5. Site coordinates, if available (UTM or Lat/Long): N35 decrees 12.728, W83 degrees 7.763
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 10.46 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Headwater stream of Cashiers Lake
8. River Basin: Chatooga
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htto://l12o.enr.state.nc.us/adiiiin/ingps/.)
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a highly disturbed, cleared upland with one
perennial stream corridor, and one small intermittent tributary. Site was previously used as a
stone/mulch/ lumber retail yard, and later clearcut of all vegetation. Surrounding land is a
combination of commercial and residential.
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project consist of constructing a commercial development with associated infiwtructure and
parking. The development will include a supermarket, retail stores, office buildings, and a
cinema. Site work will be accomplished with trackhoes, backhoes, bull dozers, tractors, and
other equipment appropriate for creating building sites, installing utility lines, and
constructing roadways. The proposed work (subject PM consists of filling 0.38 acres of
wetlands to construct buildings and parking areas.
11. Explain the purpose of the proposed work: The basic project purpose is to place fill materials
in wetlands to construct a supermarket, office buildings, and attendant parking. The overall
project purpose is to construct high quality, commercial development to service the
community of Cashiers.
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.
No previous permits have been requested for this site. A jurisdictional determination was
completed by Ecological Associates, Inc., and has been approved by the USACE, Asheville
Office. See attached Notification of Jurisdictional Determination and accompanying wetland
serve .
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 other permits are anticipated for this project.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 7 of 13
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Place fill material in 0.38 acres of
wetlands. See attached plans.
1. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
Wetland fill Fill 0.38 No 50 Freshwater, cleared

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at bn://wwnk,.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.60 acres
Total area of wetland impact proposed: 0.38 acres
2. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
ear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
leases eci

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
Page 8 of 13
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching(straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.wv. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com
w,xw.map uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Wat)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Impacts to wetlands on the site were minimized to the maximum extent practicable. The amount
of wetlands filled is the smallest amount that will accomplish the basic and overall project
purpose. See additional information_supu_ortina avoidance and minimization, and "no practical
alternative" contained in Appendix A.
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
if mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o enr state.nc.tis/ncurctlands/sti-nigide.litinl.
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.
The proposed mitt nation will consist of wetland and stream preservation, enhancement by
buffering and wetland creation. Approx. 430 linear feet of stream and 1.22 acres of
wetlands will be preserved with a variable-width upland buffer of approx. 0.5 acres.
Additionally, 0 19 acres of wetlands will be created. See the attached wetland mitigation
plan contained in Appendix B
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hM2://l12o.enr.state.ne.us/-,vrp/index.htin. If use of
Page 10 of 13
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? N
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neese), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes El Nj;;K If you answered "yes", provide the following information:
Page 11 of 14
xxv. mar amumsh?na" (00OR01):
It is the appliewVs responAbdity to submit the applicauOn sutff Bendy in advance of desired
con3MMbou dates to allow processing time for them pexmitL Howevex, an apphcmt may
choose w IbA mnstrantlts associated with construction or scqua=g 0* may MVOSC limits On
wwt schedules (e.g., draw-down sochedules for lakes, dates associated wish Eadaigered and
Tlueatmed Species, accessibility prvbiems, or oam issues outside of the vpIwAr Ws cootrol)•
,S-s-o6
Applicant/ASeot'a Sig Ntare Dote
(.A,gent!s sipature is valid cmty if an authorization letter from the applicant is provided.)
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Name: CASHIERS Location: 035° 06' 51.6" N 083° 06'??? i?V 2?
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JIM BRYSON & ROLAND PUGH
SLAB TOWN ROAD SITE
APPENDIX A
AVOIDANCE AND MEMMATION
Impacts to jurisdictional wetlands and waters for this project were initially avoided to the
maximum extent practicable in consideration of the configuration of the site, engineering
requirements, transportation issues, facilities layout, sediment and erosion control, and
economics. The building layout was designed around the wetlands to the maximum
extent possible, and only the very upper reaches and most degraded of the wetlands on
site were considered for impact. Shared parking was used to the maximum extent to
reduce the amount of required parking. Low impact development (LID) techniques such
as pervious pavements, bioretention cells, grassed swales, and other methods to reduce
stormwater runoff will be employed. The most valuable of the on-site wetlands are
preserved with upland buffer. Wetland mitigation is proposed to compensate for
unavoidable impacts.
As an upscale, retail/office/entertainment complex, the project relies on quality individual
businesses that are clustered together and anchored by a major recognized anchor tenant. The
businesses function as a whole to create the multi-use development complex.
NO PRACTICAL ALTERNATIVES
As an upscale, retail/office/entertainment complex, the project relies on quality individual
businesses that are clustered together and anchored by a major recognized anchor tenant. The
businesses function as a whole to create the multi-use development complex. Alternative
properties for this project were not considered as the property is already owned by the applicant.
Additionally, the proposed site is ideally suited for the proposed development, as the size,
configuration, and location are optimal. The project also takes full advantage of existing public
roads, particularly N.C. Highway 64 and Slab Town Road. A large proportion of the project site
has previously been used for development, and allows for expansion of infrastructure from this
area. The site is also currently cleared and much of the site is prepared for development.
Several alternatives were considered for the development of this site. They include the
no action alternative (filling no wetlands on the site), filling all the wetlands on the site,
and the chosen alternative of filling only the most insignificant wetlands on site using the
maximum practical measures of avoidance coupled with extensive wetland mitigation.
These alternatives are discussed below.
1. The no-action alternative would consist of not filling any of the wetlands on site
(jurisdictional or non jurisdictional). This alternative is not considered a feasible
alternative based primarily on logistical, engineering, planning and economical
considerations. With the exception of the larger wetlands and stream corridor in the
northern portion of the site, the wetlands on the site are small, disjunct areas that are
the terminal portions of extended wetland fingers. The arrangement and
2
3.
configuration of these small wetland areas does not allow for any logical arrangement
of commercial or residential products around these areas. The roads and
infrastructure to access the site would be so convoluted that the resulting master plan
would be unacceptable from a planning, engineering, and transportation standpoint.
The overall result would be a project that is not economically feasible. The no-action
alternative would result in severely limited development on this site, and no
associated mitigation or stormwater management improvements, which we believe to
be important and positive aspects of the project. The wetland creation and
enhancement opportunities and the overall water quality/stormwater management
improvements that are expected to occur would not result from the no-action
alternative.
The alternative of filling all the wetlands on the site is not considered a feasible
alternative based primarily on environmental considerations. This alternative would
maximize economic gain, but would result in a high level of wetland impacts. This
alternative would not take advantage of the on-site wetland creation and enhancement
opportunities that are available, and would not provide the necessary water quality
improvements to Sawmill Canal.
The selected alternative, to fill only the most marginal wetlands on the site and
provide extensive, valuable mitigation, is the only feasible alternative. This
alternative provides a project that is feasible from an engineering, planning, and
economic standpoint, and still results in minimal unavoidable wetland impacts. We
believe that the minimal amount of unavoidable impact to what are clearly marginal
in conjunction with valuable, far reaching mitigation delivers the best possible
developmental scenario for this site.
2
SLAB TOWN ROAD
ON-SITE WETLAND MITIGATION PLAN
APPENDIX B
May 1, 2006
The Slab Town Road project proposes to fill 0.38 acres of wetlands for commercial
development of a 10.46-acre site. A comprehensive on-site mitigation plan has been
developed to compensate for these unavoidable impacts. The plan consists of on-site
wetland creation, wetland and stream enhancement by buffering, and wetland and stream
preservation. The conditions of the wetlands that will be impacted and the individual
elements of the comprehensive wetland mitigation plan are discussed below.
1.0 Existing Conditions of Wetlands Proposed for Impact
The 10.46-acre Slab Town Road site contains approximately 1.60 acres of
wetlands and approximately 430 linear feet of perennial and intermittent streams
(included within the 1.60 acres of wetlands) under the jurisdiction of the U.S.
Army Corps of Engineers (USACE). The wetlands throughout the site are
relatively disturbed, as they have all been clear-cut and portions previously
impacted by adjacent development. The streams on the site consist of one
perennial stream and one intermittent tributary to the perennial stream. The
perennial stream is approximately six feet wide and six to 10 inches deep, with a
substrate of course sand and small gravel. The stream has a limited amount of
structure and a modest amount of siltation. The perennial stream supports
juvenile brook trout. The hydrology of the intermittent stream is flashy, being
driven primarily by stormwater runoff from the surrounding uplands.
The wetlands that are proposed for filling are typically the very upper terminal
extensions of the site wetlands, and have been variously impacted by adjacent
development.
2.0 On-site Wetland Mitigation
The on-site wetland mitigation consists of wetland creation, wetland and stream
enhancement by buffering, and wetland and stream preservation. The mitigation
areas are shown on Figure 1, and described in the following sections.
2.1 Wetland Creation
There are four small areas of uplands that are adjacent to preserved
wetlands that are good candidates for wetland creation. The four areas are
all clear-cut areas (as is the entire tract), that have been impacted to some
degree by previous development. We believe that the proposed wetland
creation will integrate effectively with existing wetlands to provide an
overall improvement to the protected area. The wetland creation will be
accomplished in two phases - grading the creation sites to appropriate
elevations, and wetland vegetation planting.
2.1.1 Grading
Grading of the four wetland creation areas is intended to integrate
the created wetland areas into the adjacent preserved wetlands.
The areas designated for wetland creation will be graded to an
elevation that is consistent with the adjacent preserved wetlands, as
established by site survey. Typically, this is done by establishing a
prototypical wetland area within the adjacent unaltered wetlands,
establishing this elevation by survey, and then grading the created
wetland areas to the established elevation. Earthen material will be
removed by excavators, bull dozers, or other appropriate
equipment, with all resultant material being deposited on nearby
uplands. The wetland gradient and substrate composition will be
reestablished consistent with the wetland characteristics in the
immediately adjacent wetlands. Some backfilling of suitable
material may be required. As a practical measure, the site is
graded to the design elevation first, and then additional excavation
and backfill is done in appropriate amounts where necessary as
determined by field conditions. Suitable backfill materials will be
obtained from de-mucked wetland areas authorized for filling. The
created wetland edge will be tapered into existing upland slopes
where appropriate. Upon conclusion of grading, the creation sites
will immediately be stabilized as appropriate and seeded with a
perennial seed mixture containing a predominance of native
wetland species. The grading will be performed by a contractor
selected by the owner. Ecological Associates personnel will assist
the site engineer and/or the owner with environmental construction
management to achieve the proper grade and hydrological zones.
2.1.2 Wetland Planting
Subsequent to grading, the prepared site will be planted with
wetland trees, shrubs, and herbaceous vegetation. Vegetation
planting will be accomplished by Ecological Associates, and will
generally be conducted during the dormant season (January -
March, inclusive). Wetland trees and shrubs will be planted
randomly throughout the creation area on six to eight-foot centers.
Planted trees will be nursery grown one-year old bare-root
seedlings. Shrubs will be either nursery grown or transplants from
nearby wetland areas. Herbaceous vegetation will be planted
randomly throughout the creation area on approximately three-foot
centers. Tree, shrubs, and herbaceous vegetation selected for
2
planting will depend to some extent upon availability, however,
planted species will be those that are known to predominate in
adjacent and nearby wetland areas and will generally be selected
from the list contained in Table 1 (attached).
2.2 Wetland/Stream Enhancement By Buffering
There are approximately 1.22 acres of preserved wetlands and 430 linear
feet of preserved streams (included within the on the 1.22 acres of
preserved wetlands) that will be enhanced by the placement of a variable
width undisturbed buffer of approximately 0.50 acres around the
wetland/stream preservation area. The upland buffer will remain in an
undisturbed condition with prohibitions including construction, land
disturbance/grading, timber harvesting, and cutting of vegetation. The
upland buffers and the preserved wetlands/streams that they surround will
be protected through a Declaration of Restrictive Covenant properly
recorded with the Jackson County RMC Office.
2.3 Wetland/Stream Preservation
All wetlands and streams on the Slab Town Road site that are not
proposed for filling will be preserved. The preserved wetlands/streams
(1.22 acres), and the upland buffers (0.50 acres) that surround them will be
protected through a Declaration of Restrictive Covenant properly recorded
with the Jackson County RMC Office.
3.0 Monitoring
Monitoring within the mitigation areas will consist of vegetation monitoring in
the wetland creation sites and photographic documentation in preservation areas.
Vegetation monitoring will be conducted for three years, and will take place
during the late summer-early fall of each monitoring year. Yearly reports will be
provided to the USACE and NCDENR by December 31 St of each monitoring
year. Quantitative monitoring will take place in the wetland creation areas, and
qualitative monitoring will be conducted within the wetland/stream and upland
buffer preservation areas.
The quantitative monitoring methodology for the wetland creation sites is adapted
from the quadrant sampling methodology as described for comprehensive wetland
determination in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands'. Permanent baseline transects will be established across
the long axis of each wetland creation areas, and 30-foot (15-foot radius) circular
sample plots will be randomly established along this transect. A minimum of two
' Federal Interagency Committee for Wetland Delineation. 1989. Federal Manual for Identifying and
Delineating Jurisdictional Wetlands. USACE, USEPA, USFWS and USDA-SCS. Washington D.C
Cooperative Technical Publication. 77pp. plus appendices.
30-foot circular sample plots will be established in each creation site. The
location of the baseline transects and individual sample plots will be permanently
marked.
Trees and shrubs will be sampled within the sample plots by counting individual
stems. Trees and shrubs will be identified to species, and trees/shrubs per acre
(TPA) determined for each species in all plots. Herbaceous vegetation will be
sampled by identifying the dominant species present and estimating percent
coverage of all species combined within the 30-foot plot. Photographs of the site
will be taken across the vegetation sample points.
Qualitative monitoring within the preservation areas will consist of yearly
pedestrian surveys to document any changes that may have occurred (or to
document that there have been no encroachments into the preservation areas).
The pedestrian surveys will be supported with photographs taken from permanent
photographic stations throughout the area.
4.0 Responsible Parties
Ecological Associates, Inc. will set up the monitoring program, and will be
responsible for yearly vegetative monitoring, and submitting reports to the
USACE and SCDHEC. Financial responsibility for the mitigation will be by the
owner of the tract as follows:
• Jim Bryson & Roland Pough - P.O. Box 246 - Highlands, NC 29741
[phone]
In the event that either the entire tract or parcels thereof are sold, the financial
responsibility for the mitigation will run with the land, i.e., the owner of the land
is ultimately responsible for the mitigation.
5.0 Schedule
The mitigation will be initiated prior to and concurrent with conducting the
wetland impacts authorized by the permit. The wetland and stream preservation
areas will be established prior to the authorized work - the wetland creation will
be conducted concurrently. All mitigation work will be completed within six
month of issuance of the NWP.
7.0 Summary
The 10.46-acre Slab Town Road site contains approximately 2.60 acres of
wetlands and 430 linear feet of jurisdictional streams. The proposed project
results in the unavoidable impact to 0.38 acres of wetlands. An attempt has been
made throughout the planning and design phases of this project to avoid to the
maximum extent practicable impacts to jurisdictional streams. On-site mitigation
4
for these unavoidable impacts consists of wetland creation (0.19 acres), stream
and wetlands enhancement by buffering (0.50 acres), and wetland and stream
preservation (1.22 acres). The proposed mitigation will substantially improve the
quality and function of the remaining wetlands and streams on site, and create a
valuable, contiguous reserve of wetlands, streams and upland buffer within this
watershed.
5
Table 1. Trees, shrubs, and herbaceous vegetation suitable for planting in
wetland creation areas at the Slab Town Road site.
TREES
• Red maple (Acer rubrum)
• Hemlock (Tsuga canadensis)
• Sweet birch (Betula lenta)
• White pine (Pinus strobus)
• Sweetgum (Liquidambar styrac flua)
• River birch (Betula nigra)
• Tulip poplar (Liriodendron tulipifera)
SHRUBS
• Buttonbush (Cephalanthus occidentalis)
• Great laurel (Rhododendron maximum)
• Mountain laurel (Aalmia latifolia)
• Black willow (Salix nigra)
• Tag alder (Alnus serrulata)
• Silky dogwood (Cornus amomum)
• Highland doghobble (Leucothoe fontanesiana)
• Northern wild rasin (Viburnum nudum)
HERBACEOUS VEGETATION
•
•
•
Cinnamon fern (Osmunda cinnamomea)
Asters (Asters spp.)
Jewel weed (Impatiens capensis)
Goldenrod (Solidago spp.)
St. Johns wort (Hypericum spp.)
Soft rush (Juncos effusus)
Smartweed (Polygonium spp.)
Wool grass (Scirpus cyperinus)
New York fern (Thelypteris sp.)
Sedges (Carex spp.)
Joe-Pye-weed (Eupatorium fistulosum)
Thoroughwort (Eupatorium spp.)
6
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200532517 County: Jackson U.S.G.S. Quad: Cashiers
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Jim Bryson
Address: Post Office Box 246
Highlands. North Carolina 28741
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) The 10.46 acre parcel is located at the intersection
of Hiehwav 64 and Slab Town Road in Cashiers. NC. An unnamed tributary to_Cashiers lake and adiacent wetlands
exist on the prope
Indicate Which of the Following Aauly:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 7-2645. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Remarks:
Corps Regulatory Official:
Date 07/26/2005 Expiration Date 07/26/2010
Page 1 of 2
I.
NOTES:
1. EIEIIAR@SAREASSUMM BASMONSU?fEYSY EDNILLPIS
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Office Use Only: Form Version Ma 2002
2006078
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NW%)
1. Processing
1. Check all of the approval(s) requested for this project:
\,' ection 404 Permit ?
? Section 10 Permit ?
0'401 Water Quality Certification

Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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), J@@W. wq p
II. Applicant Information
MAY 9 2006
1. Owner/Applicant Information o?NR WATEF c;c?'?UTY
WETLANDMJpW7?a?gJVA7Ek CF?r,nst ti
Name: Jim Bryson & Roland Pugh
Mailing Address: P.O. Box 246
Highlands, North Carolina 29741
Attn: Mr. Jim Bryson
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Nick Roark
Company Affiliation: Ecological Associates. Inc.
Mailing Address: 4676 Bears Bluff Road
Wadmalaw Island, SC 29487
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: ecologynr(a pI.comt
Page 5 of 13
A
M. 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 fiill-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: Slab Town Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Jackson Co. PIN 7572-02-9163
4. Location
County: Jackson Nearest Town: Cashiers
Subdivision name (include phase/lot number): Slab Town Road Site
Directions to site (include road numbers, landmarks, etc.):
From Cashiers, N.C., go west on IE&82y 64. Go approx. 0.6 mi. west on Highway 64 from
the 107/64 intersection (stop light) to Slab Town Road. Site is on the rt. (northLL jacent to
Highway 64 and Slab Town Rd.
5. Site coordinates, if available (UTM or Lat/L.ong): N35 degrees 12.728. W83 degrees 7.763
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 10.46 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Headwater stream of Cashiers Lake
8. River Basin: Chatooga
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htlp://h2o.enr.staLe.ne.us/admin/mV-,/.)
Page 6 of 13
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a highly disturbed, cleared upland with one
perennial stream corridor, and one small intermittent tributary. Site was previously used as a
stone/mulch/ lumber retail yard, and later cleazcut of all vegetation. Surrounding land is a
combination of commercial and residential.
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project consist of constructing a commercial development with associated infrastructure and
pazking. The development will include a supermazket, retail stores, office buildings, and a
cinema. Site work will be accomplished with trackhoes, backhoes, bull dozers, tractors, and
other equipment appropriate for creating building sites, installing utility lines, and
constructing roadways. The proposed work (subject PM consists of filling 0.38 acres of
wetlands to construct buildings and parking areas.
11. Explain the purpose of the proposed work: The basic project purpose is to place fill materials
in wetlands to construct a supermarket, office buildings, and attendant parking. The overall
project purpose is to construct high quality, commercial development to service the
communi of Cashiers.
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.
No previous permits have been requested for this site. A jurisdictional determination was
completed by Ecological Associates, Inc., and has been approved by the USACE, Asheville
Office. See attached Notification of Jurisdictional Determination and accompanyina wetland
survey.
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 other permits are anticipated for this project.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 7 of 13
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: Place fill material in 0.38 acres of
wetlands. See attached plans.
1. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on map)
Type of Impact* Area of
Impact
acres) Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet)
Type of Wetland***
Wetland fill Fill 0.38 No 50 Freshwater, cleared

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://Nv,w"v.femn.t cov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 1.60 acres
Total area of wetland impact proposed: 0.38 acres
2. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma)
Type of Impact* Length of
Impact
linear feet
Stream Name* * Average Width
of Stream
Before Im act Perennial or
Intermittent?
lease specify)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
Page 8 of 13
stabilization activities (cement wall, rip-rap, crib wail, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wNNm,.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
(acres)
(if Name applicable) Wat) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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.
Imnacts to wetlands on the site were minimized to the maximum extent practicable. The amount
of wetlands filled is the smallest amount that will accomplish the basic and overall project
numose. See additional information sumortina_avoidance and_mix mizationLan_d"nopractical
alternative" contained in Aypendix A.
Page 9 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/newetlands/stem Qide.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.
The proposed mitigation will consist of wetland and stream preservation, enhancement by
buffering and wetland creation A»prox 430 linear feet of stream and 1.22 acres of
wetlands will be preserved with a variable-width upland buffer of approx. 0.5 acres.
Additionally, 0 19 acres of wetlands will be created. See the attached wetland mitigation
plan contained in Appendix B
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/-,vM/index.htin. If use of
Page 10 of 13
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes E] N%;Z'
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 1?
Yes ? No If you answered "yes", provide the following information:
Page 11 of 14

xxv. Other C"nMumstanM (Optiaas')=
it is the applic=Va responsibft to submit the appiicadon suffic wdY in ice of desind
cons nWfton dates to allow poocesmug time for these permits. Howevct, an applicaOt may
choose to list cunstt'ailO associated with construction or sequencing 0* may bn" limits on
work schedules (e.g., dmw-dovM schedules for lakes, data associated with Endogered and
Threatened Species, aomsdbility problems, or other issuers oumde of the appucws COVU+01).
Appl MOVASMel SiVutare Date
(Ageffs signature is valid curly if an auchorizs ion letter from the applicant is provided )
Pup 13 of 13

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JIM BRYSON & ROLAND PUGH
SLAB TOWN ROAD SITE
APPENDIX A
AVOIDANCE AND r+IINIMO ATION
Impacts to jurisdictional wetlands and waters for this project were initially avoided to the
maximum extent practicable in consideration of the configuration of the site, engineering
requirements, transportation issues, facilities layout, sediment and erosion control, and
economics. The building layout was designed around the wetlands to the maximum
extent possible, and only the very upper reaches and most degraded of the wetlands on
site were considered for impact. Shared parking was used to the maximum extent to
reduce the amount of required parking- Low impact development (LID) techniques such
as pervious pavements, bioretention cells, grassed swales, and other methods to reduce
stormwater runoff will be employed. The most valuable of the on site wetlands are
preserved with upland buffer. Wetland mitigation is proposed to compensate for
unavoidable impacts.
As an upscale, retail/office/entertainment complex, the project relies on quality individual
businesses that are clustered together and anchored by a major recognized anchor tenant. The
businesses function as a whole to create the multi-use development complex.
NO PRACTICAL ALTERNATIVES
As an upscale, retail/office%ntertamment complex, the project relies on quality individual
businesses that are clustered together and anchored by a major recognized anchor tenant. The
businesses fiinction as a whole to create the multi-use development complex. Alternative
properties for this project were not considered as the property is already owned by the applicant.
Additionally, the proposed site is ideally suited for the proposed development, as the size,
configuration, and location are optimal. The project also takes full advantage of existing public
roads, particularly N.C. Highway 64 and Slab Town Road A large proportion of the project site
has previously been used for development, and allows for expansion of infrastructure from this
area. The site is also currently cleared and much of the site is prepared for development.
Several alternatives were considered for the development of this site. They include the
no action alternative (filling no wetlands on the site), filling all the wetlands on the site,
and the chosen alternative of filling only the most insignificant wetlands on site using the
maximum practical measures of avoidance coupled with extensive wetland mitigation.
These alternatives are discussed below
1. The no-action alternative would consist of not filling any of the wetlands on site
(jurisdictional or non jurisdictional). This alternative is not considered a feasible
alternative based primarily on logistical, engineering, planning and economical
considerations. With the exception of the larger wetlands and stream corridor in the
northern portion of the site, the wetlands on the site are small, disjunct areas that are
the terminal portions of extended wetland fingers. The arrangement and
2.
3.
configuration of these small wetland areas does not allow for any logical arrangement
of commercial or residential products around these areas. The roads and
infrastructure to access the site would be so convoluted that the resulting master plan
would be unacceptable from a planning, engineering, and transportation standpoint.
The overall result would be a project that is not economically feasible. The no-action
alternative would result in severely limited development on this site, and no
associated mitigation or stormwater management improvements, which we believe to
be important and positive aspects of the project. The wetland creation and
enhancement opportunities and the overall water quality/stormwater management
improvements that are expected to occur would not result from the no-action
alternative.
The alternative of filling all the wetlands on the site is not considered a feasible
alternative based primarily on environmental considerations. This alternative would
maximize economic gain, but would result in a high level of wetland impacts. This
alternative would not take advantage of the on-site wetland creation and enhancement
opportunities that are available, and would not provide the necessary water quality
improvements to Sawmill Canal.
The selected alternative, to fill only the most marginal wetlands on the site and
provide extensive, valuable mitigation, is the only feasible alternative. This
alternative provides a project that is feasible from an engineering, planning, and
economic standpoint, and still results in minimal unavoidable wetland impacts. We
believe that the minimal amount of unavoidable impact to what are clearly marginal
in conjunction with valuable, far reaching mitigation delivers the best possible
developmental scenario for this site.
2
SLAB TOWN ROAD
ON-SITE WETLAND MITIGATION PLAN
APPENDIX B
May 1, 2006
The Slab Town Road project proposes to fill 0.38 acres of wetlands for commercial
development of a 10.46-acre site. A comprehensive on site mitigation plan has been
developed to compensate for these unavoidable impacts. The plan consists of on-site
wetland creation, wetland and stream enhancement by buffering, and wetland and stream
preservation. The conditions of the wetlands that will be impacted and the individual
elements of the comprehensive wetland mitigation plan are discussed below.
1.0 Existing Conditions of Wetlands Proposed for Impact
The 10.46-acre Slab Town Road site contains approximately 1.60 acres of
wetlands and approximately 430 linear feet of perennial and intermittent streams
(included within the 1.60 acres of wetlands) under the jurisdiction of the U.S.
Army Corps of Engineers (USAGE). The wetlands throughout the site are
relatively disturbed, as they have all been clear-cut and portions previously
impacted by adjacent development. The streams on the site consist of one
perennial stream and one intermittent tributary to the perennial stream. The
perennial stream is approximately six feet wide and six to 10 inches deep, with a
substrate of course sand and small gravel. The stream has a limited amount of
structure and a modest amount of siltation. The perennial stream supports
juvenile brook trout. The hydrology of the intermittent stream is flashy, being
driven primarily by stormwater runoff from the surrounding uplands.
The wetlands that are proposed for filling are typically the very upper terminal
extensions of the site wetlands, and have been variously impacted by adjacent
development.
2.0 On-site Wetland Mitigation
The on site wetland mitigation consists of wetland creation, wetland and stream
enhancement by buffering, and wetland and stream preservation. The mitigation
areas are shown on Figure 1, and described in the following sections.
2.1 Wetland Creation
There are four small areas of uplands that are adjacent to preserved
wetlands that are good candidates for wetland creation. The four areas are
all clear-cut areas (as is the entire tract), that have been impacted to some
degree by previous development. We believe that the proposed wetland
creation will integrate effectively with existing wetlands to provide an
overall improvement to the protected area. The wetland creation will be
accomplished in two phases - grading the creation sites to appropriate
elevations, and wetland vegetation planting.
2.1.1 Grading
Grading of the four wetland creation areas is intended to integrate
the created wetland areas into the adjacent preserved wetlands.
The areas designated for wetland creation will be graded to an
elevation that is consistent with the adjacent preserved wetlands, as
established by site survey. Typically, this is done by establishing a
prototypical wetland area within the adjacent unaltered wetlands,
establishing this elevation by survey, and then grading the created
wetland areas to the established elevation. Earthen material will be
removed by excavators, bull dozers, or other appropriate
equipment, with all resultant material being deposited on nearby
uplands. The wetland gradient and substrate composition will be
reestablished consistent with the wetland characteristics in the
immediately adjacent wetlands. Some backfilling of suitable
material may be required. As a practical measure, the site is
graded to the design elevation first, and then additional excavation
and backfill is done in appropriate amounts where necessary as
determined by field conditions. Suitable backfill materials will be
obtained from de-mucked wetland areas authorized for filling. The
created wetland edge will be tapered into existing upland slopes
where appropriate. Upon conclusion of grading, the creation sites
will immediately be stabilized as appropriate and seeded with a
perennial seed mixture containing a predominance of native
wetland species. The grading will be performed by a contractor
selected by the owner. Ecological Associates personnel will assist
the site engineer and/or the owner with environmental construction
management to achieve the proper grade and hydrological zones.
2.1.2 Wetland Planting
Subsequent to grading, the prepared site will be planted with
wetland trees, shrubs, and herbaceous vegetation. Vegetation
planting will be accomplished by Ecological Associates, and will
generally be conducted during the dormant season (January -
March, inclusive). wetland trees and shrubs will be planted
randomly throughout the creation area on six to eight foot centers.
Planted trees will be nursery grown one-year old bare-root
seedlings. Shrubs will be either nursery grown or transplants from
nearby wetland areas. Herbaceous vegetation will be planted
randomly throughout the creation area on approximately three-foot
centers. Tree, shrubs, and herbaceous vegetation selected for
2
planting will depend to some extent upon availability, however,
planted species will be those that are known to predominate in
adjacent and nearby wetland areas and will generally be selected
from the list contained in Table i (attached).
2.2 Wetland/Stream Enhancement BY Buffering
There are approximately 1.22 acres of preserved wetlands and 430 linear
feet of preserved streams (included within the on the 1.22 acres of
preserved wetlands) that will be enhanced by the placement of a variable
width undisturbed buffer of approximately 0.50 acres around the
wetland/stream preservation area. The upland buffer will remain in an
undisturbed condition with prohibitions including construction, land
disturbance/gradmg, timber harvesting, and cutting of vegetation. The
upland buffers and the preserved wetlands/streams that they surround will
be protected through a Declaration of Restrictive Covenant properly
recorded with the Jackson County RMC Office.
2.3 Wetland/Stream Preservation
All wetlands and streams on the Slab Town Road site that are not
proposed for filling will be preserved The preserved wetlands/streams
(1.22 acres), and the upland buffers (0.50 acres) that surround them will be
protected through a Declaration of Restrictive Covenant properly recorded
with the Jackson County RMC Office.
3.0 Monitoring
Monitoring within the mitigation areas will consist of vegetation monitoring in
the wetland creation sites and photographic documentation in preservation areas.
Vegetation monitoring will be conducted for three years, and will take place
during the We summer-early fall of each monitoring year. Yearly reports will be
provided to the USACE and NCDENR by December 31 sc of each monitoring
year. Quantitative monitoring will take place in the wetland creation areas, and
qualitative monitoring will be conducted within the wetland/stream and upland
buffer preservation areas.
The quantitative monitoring methodology for the wetland creation sites is adapted
from the quadrant sampling methodology as described for comprehensive wetland
determination in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands'. Permanent baseline transects will be established across
the long axis of each wetland creation areas, and 30-foot (15-foot radius) circular
sample plots will be randomly established along this transect. A minimum of two
' Federal Interagency Committee for Wetland Delineation. 1989. Federal Manual for Identi and
.fying Delineating Jurisdictional Wetlands. USACE, USEPA, USFWS and USDA-SCS. Washington D.C
Cooperative Technical Publication. 77pp. phis appendices-
3
30-foot circular sample plots will be established in each creation site. The
location of the baseline transects and individual sample plots will be permanently
marked.
Trees and shrubs will be sampled within the sample plots by counting individual
stems. Trees and shrubs will be identified to species, and trees/shrubs per acre
(TPA) determined for each species in all plots. Herbaceous vegetation will be
sampled by identifying the dominant species present and estimating percent
coverage of all species combined within the 30-foot plot. Photographs of the site
will be taken across the vegetation sample points.
Qualitative monitoring within the preservation areas will consist of yearly
pedestrian surveys to document any changes that may have occurred (or to
document that there have been no encroachments into the preservation areas).
The pedestrian surveys will be supported with photographs taken from permanent
photographic stations throughout the area.
4.0 Responsible Parties
Ecological Associates, Inc. will set up the monitoring program, and will be
responsible for yearly vegetative monitoring, and submitting reports to the
USACE and SCDHEC. Financial responsibility for the mitigation will be by the
owner of the tract as follows:
• Jim Bryson & Roland Pough - P.O. Box 246 - Highlands, NC 29741
[phone]
In the event that either the entire tract or parcels thereof are sold, the financial
responsibility for the mitigation will run with the land, ie., the owner of the land
is ultimately responsible for the mitigation.
S.0 Schedule
The mitigation will be initiated prior to and concurrent with conducting the
wetland impacts authorized by the permit. The wetland and stream preservation
areas will be established prior to the authorized work - the wetland creation will
be conducted concurrently. All mitigation work will be completed within six
month of issuance of the NUVP.
7.0 Summary
The 10.46-acre Slab Town Road site contains approximately 2.60 acres of
wetlands and 430 linear feet of jurisdictional streams. The proposed project
results in the unavoidable impact to 0.38 acres of wetlands. An attempt has been
made throughout the planning and design phases of this project to avoid to the
maximum extent practicable impacts to jurisdictional streams. On-site mitigation
4
for these unavoidable impacts consists of wetland creation (0.19 acres), stream
and wetlands enhancement by buffering (0.50 acres), and wetland and stream
preservation (1.22 acres). The proposed mitigation will substantially improve the
quality and function of the remaining wetlands and streams on site, and create a
valuable, contiguous reserve of wetlands, streams and upland buffer within this
watershed.
5
Table 1. Trees, shrubs, and herbaceous vegetation suitable for planting in
wetland creation areas at the Slab Town Road site.
TREES
• Red maple (Acer rubrum)
• Hemlock (Tsuga canadensis)
• Sweet birch (Betula lenta)
• White pine (Pins strobus)
• Sweetgum (Liquidambar styrac flua)
• River birch (Betula nigra)
• Tulip poplar (Liriodendron tulipifera)
SHRUBS
• Buttonbush (Cephalanthus occidentalis)
• Great laurel ( Rhododendron maximum)
• Mountain laurel (Kalmia latifolia)
• Black willow (Salix nigra)
• Tag alder (Alnus serrulata)
• Silky dogwood (Corpus amomum)
• Highland doghobble (Leucothoe fontanesiana)
• Northern wild rasin (Viburnum nudum)
HERBACEOUS VEGETATION
• Cinnamon fern (Osmunda cinnamomea)
• Asters (Asters spp.)
• Jewel weed (Impatiens capensis)
• Goldenrod (Solidago spp.)
• St. Johns wort (Hypericum spp.)
• Soft rush (.Iuncus effusus)
• Smartweed (Polygonium spp.)
• Wool grass (Scirpus cyperinus)
• New York fern (Thelypteris sp.)
• Sedges (Carex spp.)
• Joe-Pye-weed (Eupatorium frstulosum)
• Thoroughwort (Eupatorium spp.)
6
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200532517 County: Jackson U.S.G.S. Quad: Cashiers
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Jim Bryson
Address: Post Office Box 246
Highlands. North Carolina 28741
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) The 10.46 acre parcel is located at the intersection
of Hiahwav 64 and Slab Town Road in Cashiers. NC. An unnamed tributary to Cashiers lake and adiacent wetlands
exist on the yroyertv.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
There are wetlands on the above described property subject to the permit requirements of Section 404 of tine Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 7-26-05. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Remarks:
Corps Regulatory Official:
Date 07/26/2005 Expiration Date 07/26/2010
Page I of 2

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