HomeMy WebLinkAbout20040032 Ver 1_COMPLETE FILE_20040112QG
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Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
April 7, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Lance Lamar
4344 Old Highway 76
Blue Ridge, GA 30513
Dear Mr. Lamar:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
WETLANDS 1401 G 0tJP
APR 16 2004
MATER UAI.ITY 1,GT;iQR
Subject: Additional Information Request #2
Ace Hardware Project
Project Number: 04-0032
Status: On Hold
Cherokee County
The Asheville Regional Office of the NC Division of Water Quality is in receipt of your additional
information response, received March 31, 2004. Upon review of the submitted package, this office is
unable to proceed. You, or your representative, must address the following items before we can
continue processing.
• The preservation of "poor to fair" streams is not sufficient mitigation for impacts to streams on
the subject site. While a complete restoration of these streams utilizing natural channel
design may provide enough mitigation credits, such a plan must be developed and submitted
as part of an amended package. Should you choose not to pursue onsite restoration as part
of your mitigation plan, offsite mitigation or payment. into a mitigation bank can be used to
meet regulatory requirements. Additionally, as this project includes plans to "fill" a wetland,
wetland mitigation must also be part of this mitigation plan.
• An updated site plan with less layers included is appropriate. A topographic layer with all
waters indicated on one plan, a second with the filling / culverting impacts added, and a third
plan with all details (color would be helpful) is needed in order to determine all impacts and
review regulatory requirements is needed.
• The permanent sediment basin details at the NE corner of the project does not include a level
spreadertype of discharge. The plan must include details regarding the discharge point of all
concentrated stormwater management devices. Additionally, profile drawings of these
devices and the discharge devices should be included in an amended application.
RJA
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748
Additional Information request
Ace Hardware Project
April 7, 2004
Page 2
• A discussion of how roof drain discharges will be managed. No such discussion has been
included in the application.
• No detail for the double culvert has been included in the application. Such detail should be
added to the plans for review. If appropriate, baffling may be constructed at the inlet
structures to diver the stream into a single culvert during low flows and the second culvert be
used during high flow events. Aquatic life passage must be accounted for in the design.
• The submitted plan detail for the two permanent sediment basins indicate a stream crossing
to maintain hydraulic connectivity. How will this be accomplished. Will the crossing, be
subsurface of the stream bed, at surface level, or aerial? What type of bank stabilization will
be included. Details should be included with plans.
The above materials must be submitted within 15 business days of receipt of this request in order for
the application to move further. Should no response be received within this timeline, this application
will be returned as incomplete.
Please note that the Asheville Regional Office has moved to a new location. The mailing address
and new phone number are located on the letterhead of this document.
Sould you have any further questions, please do not hesitate to contact me at
Kevin.Barnett(o-), ncmail. net or at 828.296.4657.
Sincerely,
M??'
Kevin H. Barnett
Environmental Chemist
cc: Mr. Michael Garrett, P.E.
Sinclair & Associates
Post Office Box 1344
Duncan, SC 29334
Cyndi Karoli, Wetlands Unit.
David Baker, US Army Corps of Engineers, Asheville Regulatory Field Office.
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone (828) 296-4500 Fax (828) 299-7043 Customer Service 1-877-623-6748
A0? warFqQG
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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
Coleen H. Sullins, Deputy Director
Division of Water Quality
June 8, 2004
DWQ Project # 040032
Cherokee County
Page 1 of 5
Mr. Lamar Lance
4344 Old Highway 76
Blue Ridge, GA, 30513
Subject Property: Ace Hardware near Intersection of US 64 and SR 1579
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Lance:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.027 acres of wetlands and 237 feet of streams (227 feet
perennial, 10 feet intermittent) for the purpose of constructing an Ace Hardware store at the
subject property, as described within your revised application dated May 6, 2004 and received by
the N.C. Division of Water Quality (DWQ) on May 7, 2004, along with additional
correspondence received from the Ecosystem Enhancement Program on June 2, 2004. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
(919) 733-1786 (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetlands)
Applicant:
Page 2 of 5
Date: June 8, 2004
The Additional Conditions of the Certification are:
1. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
3. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
4. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Applicant:
Page 3 of 5
Date: June 8, 2004
5. An additional condition is that a final, written stormwater management plan (including a
signed and notarized Operation and Maintenance Agreement) shall be approved in writing by
this Office before the impacts specified in this Certification occur per Condition No. 4 in GC
No. 3402. The stormwater management plan must include worksheets, plans and
specifications for stormwater management facilities that are appropriate for surface waters
classified as Class C and designed to remove 85% TSS according to the most recent version
of the NC DENR Stormwater Best Management Practices Manual. These facilities must be
designed to treat the runoff from the entire project, unless otherwise explicitly approved by
the Division of Water Quality. Also, before any permanent building is occupied at the subject
site; the facilities (as approved by this Office) shall be constructed and operational, and the
stormwater management plan (as approved by this Office) shall be implemented. The
structural stormwater practices as approved by this Office as well as drainage patterns must
be maintained in perpetuity. No changes to the structural stormwater practices shall be made
without written authorization from the Division of Water Quality.
A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition.
6. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval and
Authorization Certificate. A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed notification may be modified as appropriate to suit to this project.
7. Mitigation must be provided for the proposed perennial stream impacts as specified in the
table below. We understand that you wish to make a payment to the Wetlands Restoration
Fund and/or Riparian Buffer Restoration Fund administered by the NC Ecological
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined
by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecological Enhancement Program
Office), no impacts specified in this Authorization Certificate shall occur. The EEP should
be contacted at (919) 733-5208 if you have any questions concerning payment into a
restoration fund. You have one month from the date of this approval to make this payment.
For accounting purposes, this Authorization Certificate authorizes payment into the
Wetlands Restoration Fund and/or Riparian Buffer Restoration Fund to meet the
following compensatory mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 227 (feet)
Wetlands N/A (acres)
Waters N/A (acres)
Applicant:
Page 4 of 5
Date: June 8, 2004
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-
4500.
Sincerely,
Alan W. Klimek, P.E.
AW K/cbk
Enclosures: GC 3402
Certificate of Completion
cc: Randy Turner, 6750 Tryon Road, Cary, NC, 27511
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 040032
Applicant:
Page 5 of 5
Date: June 8, 2004
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Lamar Lance has permission as outlined below to impact
0.027 acres of wetlands and 237 linear feet of streams (227 feet perennial, 10 feet intermittent) for the
purpose(s) of constructing the proposed Ace Hardware near the Intersection of US 64 and SR 1579 in
Cherokee County. All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT
THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION: Ace Hardware near Intersection of US 64 and SR 1579
COUNTY Cherokee
BASIN/ SUB BASIN 06020002
As required by 15A NCAC 2H.0500, and the conditions of this Permit, you are required to compensate
for the above impacts through the restoration, creation, enhancement or preservation of wetlands and
surface waters as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must
be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Impacts:
0.027 Acres of Class WL wetlands
237 linear feet of streams (227 feet perennial, 10 feet intermittent)
Mitigation:
N/A Acres of Class WL wetlands
227 Linear feet of streams
227 linear feet of stream mitigation is required for the 401 Certification. In correspondence dated May
26, 2004, the EEP indicated that up to 0.54 acres of wetlands mitigation and/or 474 linear feet of stream
mitigation will be conducted by EEP if necessary for the 404 Permit.
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it to the Ecosystem Enhancement Program at the address below. An invoice for
the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT
YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
(919) 733-5208
?T ; a
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
May 26, 2004
M. Randall Turner, Manager
Mulkey Engineers & Consultants
P.O. Box 33127
Raleigh, NC 27636
Subject: Project: Ace Hardware
County: Cherokee
William G. Ross Jr.. Secretary
Wpp
?i=?f A P10 mry
2004
r;
Y r '4 r ? i
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for stream and non-riparian wetlands impacts associated with the subject project. Please note that the
decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment will be
approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the
responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with
this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated May 6, 2004, the stream and wetlands restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
(linear feet) Wetlands Riparian
(acres) Wetlands Non-
Ri arian (acres) Riparian Buffer
ft.)
(s q.
Impact 237 0.27
Mitigation Max 474 0.54
The stream and non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification
and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 06020002 of the Hiwassee
River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5208.
Sincerely,
Deborah D. Anderson,
In-Lieu-Fee Administrator
cc: Cyndi Karoly, Wetlands/401 Unit
David Baker, USACOE-Asheville
Kevin Barnett, DENR Regional Office-Asheville
File
NC DENP Ecosystem Enhancement Program One
1519 Mail Service Center, Raleigh, North Carolina 27699-1619 NorthQuolina
Phone: 919-733-5208 11 FAX: 919-733-5321 Internet: h2o.enr.state,nc.us/wrp/ Naturiallff
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Ace Hardware Site
Project Number 04 0032
Recvd From APP
Received Date 1/12/04 Recvd By Region
Project Type commercial building site
County Cherokee
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
39 forested OY ON F_ 1-5Tll F _(-F-4.5(12 . 0.0? ?57.(Kl F-F-
Mitigation Wetland
MitigationType Type' Acres Feet
Is Wetland Rating Sheet Attached? O Y (ON Did you request more info? Q Y ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y ON
Provided by Region: Latitude (ddmmss) 350315
Recommendation: O Issue (OIssue/fond O Deny
Longitude (ddmmss) 840315
Comments:
Issue as requested with following conditions:
No direct discharge of collected stormwater. All collected stormwater must be discharaed via level
spreader through vegetated buffer.
cc: Regional Office
Central Office Page Number 1
0?I D631.
May 6, 2004
Mr. David Baker, Project Manager
Asheville Regulatory Field Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
Dear Mr. Baker:
16
MULKEY
ENGINEERS & CONSULTANTS
WETLANDS/ 401 GROUP
MAY 0 7 2004
WATER QUALITY SECTION
SUBJECT: Application for Section 404 Authorization (NWP-39) to Impact Waters of
the U.S. at a Site Located Approximately 3.5 Miles West of Murphy, N.C.
INTRODUCTION
Mulkey Engineers & Consultants (MULKEY) is under contract to provide technical
services including preparation and submittal of permit application documents pursuant to
obtaining Clean Water Act authorizations for a commercial development in Cherokee
County, North Carolina. The attached letter from the owner, Mr. Lamar Lance, grants
MULKEY signatory authority for the Clean Water Act (CWA) permit application
process.
The enclosed information, including a transmittal of a revised and updated PCN, site
plans, permit drawings and copies of letters to the North Carolina Wildlife Resources
Commission (NCWRC), the Fish and Wildlife Service (FWS) and the Ecosystem
Enhancement Program (EEP) includes new information, as well as elaboration on topics
such as avoidance & minimization, compensatory mitigation and certain design details
(level spreaders, etc.). Some of the information provided in this mailing, including a
series of site plan sheets and design details (Figures C-1, C-2, C-3, EC-DTL-1 and EC-
DTL-2), is in direct response to concerns and requests made by Kevin Barnett of the
Division of Water Quality in his letters dated January 23, 2004 and April 7, 2004. In
addition, concerns about avoidance & minimization and compensatory mitigation
expressed by Dave McHenry of the NCWRC in a letter dated February 10, 2004 are also
addressed in this mailing.
Specific information about project purpose, anticipated impacts to waters of the U.S.,
efforts to avoid and minimize impacts, and proposed compensatory mitigation is
provided in some detail for your consideration. We respectfully request that you
authorize the project under Nationwide Permit 39 at your earliest convenience. Clearing
and grading activities has either been completed or are underway as this is written, but
erosion control measures are in place (Erosion and Sedimentation Control Permit from
the Division of Land Resources has been obtained). Obviously, the owner is anxious to
expedite regulatory reviews and approvals. Please don't hesitate to call M. Randall
Turner in Cary at 919.858.1795, or e-mail at rturner@mulkeyine.com if you have
questions, or need additional information.. I am available to meet you at the site upon
request.
MULKEY INC. 6750 TRYON ROAD CARY, NC 2751 1 PO BOX 33127 RALEIGH. NC 27636 PH: 919-851-1912 FAX: 919-651-1916 WWW.MULKEYINC.COM
Page 2
May 6, 2004
Mr. David Baker, USAGE
PROJECT DESCRIPTION
The purpose of the project is the development of a commercial hardware and building
supply business complex with retail sales areas, materials storage and display areas. The
site will contain approximately 15 structures, a customer parking lot, as well as materials-
handling and off-loading areas.
The owner plans to construct an Ace Hardware business complex at an undeveloped site
on US 64 located approximately 3.0-3.5 miles south-southwest of Murphy in Cherokee
County, North Carolina. The parcel is situated on the west side of US 64. Surface
drainage generally moves west to east across the site along gradients with slopes ranging
between 1:4 and 1:2. This difficult topography has yielded a usable land area of only 4.9
acres out of the parcel's 11.06 acres of total land area.
ANTICIPATED IMPACTS TO WATERS OF THE U.S.
As can be seen in Figure C-3, waters of the U.S. will be impacted at 5 separate locations
(Sites 1-5). Wetlands occur at Sites 3 and 5; surface waters at Sites 1, 2 and 4. Wetland
impacts total 0.027 acre. Total impacts to surface waters will be 237 linear feet at three
separate sites although work may occur at only two of these sites due to a pending
approval from NCDOT.
Wetlands
Site 3 is being reported for the first time. It is a small (narrow), linear seepage wetland
that was identified in mid-April during a visit to the site. The feature had been previously
obscured from view by felled trees and other debris. This wetland originates as a
groundwater or spring seep and slowly trickles across the landscape through a very
narrow (2 foot wide) depression, which passes through a pasture, a garden patch and the
Ace Hardware project site. Site 5 is a very small wetland that has developed in the
vicinity of a spring. Wetland impacts will total 0.027 acre of seepage/spring wetland,
0.021 acre at Site 3 and 0.006 acre at Site 5.
Surface Waters (Crane Creek)
One primary surface water, Crane Creek, flows across the site from north to south along
the eastern edge of the property, paralleling US 64. A review of the USGS quadrangle
map (Murphy) reveals that a railroad paralleled the creek enroot to Murphy from the
mouth of Crane Creek, where the railroad takes a turn to the south west and follows the
shoreline of the Nottely River.
Crane Creek is given a best usage classification of C. The creek is not on the list of
303(d) streams, nor are any impaired streams located within one mile. According to the
NCWRC, trout would not be expected to be in the vicinity of the Ace Hardware site, but
trout are known to occur near the mouth of the creek at its confluence with the Nottely
River, approximately 0.5 mile south-southwest of the project area. Crane Creek lies in
the Hiwassee River Basin and the project lies in subbasin 04-05-02. The USGS
Page 3
May 6, 2004
Mr. David Baker, USACE
Hydrologic Unit designation is 06020002. The Division of Water Quality has assigned a
stream index number of 1-58-11 to Crane Creek.
The field investigation at the creek provides the following information about Crane
Creek:
¦ Shingle debris, metal roofing debris and foundation timbers in creek;
¦ Fish, probably darters, observed up and down stream reach;
¦ Plenty of gastropods;
¦ Caddisfly cases on rocks, but no evidence of caddisflies;
¦ Extensive deposits of filamentous algae on rocks;
¦ Considerable sediment deposition on rocks;
¦ Stream bed comprised of cobble, large gravel and extensive sediment;
¦ Mud-kick samples with D ring revealed two tipulid larvae and three snails, as well
as sediment with lots of mica flakes;
¦ Vegetation along stream is predominately privet, rose, elderberry, verbesina,
kudzu, blackberry, maple and honeysuckle;
¦ Channel is roughly 10+ feet wide and 3 feet deep; water was Y-6" deep on May
4, 2004;
¦ NDWQ Stream Classification score is 25; USACE Stream Quality Assessment
Worksheet score is 28;
Impacts to surface waters will occur at Sites 1, 2 and 4 (See Figure C-3). Site 1 is a 237
linear foot section of Crane Creek, which is being piped (double RCP) to accommodate
crucial site features (See Avoidance & Minimization section below). Site 2 is a small
impact to Crane Creek at the extreme south-southeast corner of the site. It will be
necessary to install a section of HDPE (High Density Polyethylene Pipe) under the creek
bed at this location. The pipe will extend between two permanent sediment basins
located on either side of Crane Creek and will serve as an equalizer pipe to ensure that
the volume of storm water will remain at approximately the same level in both basins.
The anticipated impact is approximately 10 feet long and 13'-14'wide. The installation
will be by open cup. (Topography on both sides of creek would prohibit a directional
bore method of installation.) Site 4 is the proposed lengthening of an existing 32"
diameter CMP that dumps storm water into Crane Creek from the east side of US-64.
This work may not occur. It depends on whether or not NCDOT will approve the
proposed deceleration-right turn lane for southbound traffic entering the site from US 64.
Should this request not be approved by NCDOT, 10 feet of impact to Crane Creek will
not occur.
The enclosed information, including a revised PCN, site plans, permit drawings and
copies of letters to the North Carolina Wildlife Resources Commission (NCWRC), the
Fish and Wildlife Service (FWS) and the Ecosystem Enhancement Program (EEP)
includes new information, as well as elaboration on topics such as avoidance &
minimization, compensatory mitigation and certain design details (level spreaders, etc.).
Some of the information provided in this mailing, including plan sheets and design
details, is in direct response to concerns and requests made by Kevin Barnett of the
Division of Water Quality in his letters dated January 23, 2004 and April 7, 2004. In
Page 4
May 6, 2004
Mr. David Baker, USACE
addition, concerns about avoidance & minimization and compensatory mitigation
expressed by Dave McHenry of the NCWRC in a letter dated February 10, 2004 are also
addressed in this mailing.
The owner plans to construct an Ace Hardware business complex at an undeveloped site
on US 64 located +/- 3.0 miles south-southwest of Murphy in Cherokee County, North
Carolina. The site, which is located on the west side of US 64, consists of over 11 acres
of land. Prior to the initiation of earthwork, the site's natural drainage moved west to east
along gradients that ranged between 1:4 and 1:2. The difficult topography resulted in a
usable land surface of only 4.9 acres out of the parcel's 11.06 acres.
AVOIDANCE & MINIMIZATION
After discussing the significance and relevance of avoidance and minimization efforts
with the owner and site design firm, we reviewed all aspects of the site plan in terms of
possible spatial configurations that would be compatible with anticipated customer traffic
volumes and large material delivery and handling by tractor-trailers and forklifts, and on-
site storage and display facilities.
Avoidance
The proposed Ace Hardware complex is to be more than a conventional Hardware store.
It will receive an average of 15 semi-truck deliveries daily. Among a variety of other
things, the store will receive, handle, and sell laminated veneer lumber (LVL) in forty
eight (48) foot lengths. The area required to transfer this material from tractor trailers to
site storage and display racks using fork lifts will demand a load and off-load handling
radius of +/-80 feet. Other Ace stores of this magnitude are situated on an average of 10
acres of usable space. The Murphy store will be limited to approximately 4.9 acres of
usable land due to topographical and land constraints. This home center is expected to
handle over 900 transactions per day. The Home Center is planned at 25,000 square feet.
Using the recommended parking loading rate of 1 space per 300 square feet of building
floor space, .83 spaces are required to accommodate the anticipated business traffic at this
site. The current layout yields 81 spaces. Local fire codes require a fire lane adjacent to
the front of the store so no parking will be allowed immediately adjacent to the front of
the building.
I have carefully reviewed the issue of land use as it relates to avoidance of impacts to
Crane Creek (Sites 1, 2 and 4), the small seepage channel (Site 3), and the small spring
(Site 5). I have concluded that the proposed site design is the best configuration of paved
areas and structures to accommodate all of the necessary access for customers and
delivery trucks, as well as storage capacity for large building materials and bulk supplies.
The only conceivable design alternative would be the elimination of the easternmost tier
of parking (19 spaces), which would reduce parking capacity by over 23%. This would
result in a significant reduction in customer access and would substantially reduce the
daily income potential from the new business. I have concluded that this option is not
viable given the concessions in land area already made because of difficult topography.
Page 5
May 6, 2004
Mr. David Baker, USACE
Minimization
Unavoidable impacts to waters of the U.S. are being minimized in several ways:
¦ Headwalls will be constructed at the inlet and outlet ends of the double pipe
installation (Site 1) to minimize the length of stream impact and to minimize
sedimentation resulting from erosion of fill section at end of pipe;
¦ Use of steep (2:1) fill slope (or retaining wall) below parking lot and driveway at
southeast corner of site, which avoids the need to pipe another section of creek;
¦ Invert elevation of 66" diameter RCP will be 12" below stream bed elevation to
facilitate aquatic life movement;
¦ Invert elevation of 54" RCP will be positioned approximately 18" above the
stream bed elevation to ensure that the main pipe will have at least normal flows
for aquatic life during and after rainfall events;
¦ Site layout has changed, which permits a net reduction in the length of stream
impacts by 20 feet. Our original proposal included provisions for two points of
ingress and egress. Impacts to Crane Creek will be 237 linear feet as compared to
257 linear feet, as proposed in the PCN submitted in January 2004.
¦ Permanent sediment basins and other devices such as level spreaders are being
employed to ensure that storm water discharges are treated before entering stream.
These discharges represent surface run-off from all impervious surfaces, as well
as surface drainage from off-site.
COMPENSATORY MITIGATION
The original application proposed mostly preservation to compensate for the anticipated
loss of stream channel. No compensation was offered for the anticipated impacts to
wetlands. After reconsideration, the owner-applicant proposes to offer 1:1 restoration via
the in-lieu fee mitigation program being administered by the Ecosystem Enhancement
Program (See attached letter). Specifically, we propose to pay $47,400.00 to compensate
for the loss of 237 linear feet of stream channel at a unit cost of $200.00 per foot. In
addition, we propose to pay $3,000.00 as compensation for the loss of 0.027 acre of
headwater wetlands (seep/spring wetland). This payment is being made at a ratio of 2:1
based upon a unit cost of $12,000.00 per acre. (Note that the Ecosystem Enhancement
Program requires payment for a minimum of 0.25 acre.) Total cost for stream and
wetland compensatory mitigation is $50,400.00.
Note: The applicant objects to the requirement to compensate at a ratio of 10:1 for the
loss of the small wetlands (0.027 acre). We are well aware that such wetlands can
provide beneficial functions to wildlife. We believe that the wildlife function has been
extremely limited in the case of these wetland. Furthermore, under most circumstances,
compensation is not required for the loss of < 0.1 acre under a nationwide authorization
unless the resource is considered to be very important. We respectfully request the
USACE and NCDWQ to give careful consider to this informal appeal.
Page 6
May 6, 2004
Mr. David Baker, USAGE
FEDERALLY PROTECTED SPECIES
The FWS lists 6 endangered or threatened species for Cherokee County. MULKEY has
initiated a new methodology, which requires an examination and analysis of listed
species in all adjoining counties if the counties are in the same physiographic region
and/or (for aquatic species) share the same river basin This protocol seems to be more
ecologically relevant. For this project, the lists for Clay and Graham Counties were also
addressed.
More than 30 Federal Species of Concern (FSC) are listed for Cherokee, Clay and
Graham Counties. There are no recorded occurrences of these species within one mile of
the project area based on a review of the N.C. Natural Heritage Program (NCNHP)
records. No effort was expended to survey for these FSC species.
County Common Name Scientific Name Status
Cherokee/Graham Indiana bat Myotis sodalis Endangered
Graham Carolina northern Glaucomys sabrinus Endangered
flying squirrel coloratus
Cherokee/Clay/Graham Bog turtle Clemmys muhlenbergii T(S/A)1
Graham Appalachian elk toe Alasmidonta raveneliana Endangered
Cherokee Cumberland bean Villosa trabalis Endangered
Cherokee Little-wing Pegias fabula Endangered**
pearlymussel
Cherokee Tan riffleshell Epioblasma florentina Endangered
walkeri
Cherokee Small-whorled Isotria medeoloides Threatened
pogonia
Clay Green pitcher plant Sarracenia oreophila Endangered
Graham Virginia spiraea Spiraea virginiana Threatened
Graham Rock Gnome Lichen Gymnoderma lineare Endangered
**Note: Obscure record - the date and/or location of observation is uncertain.
'In the November 4, 1997, Federal Register (55822-55825), the northern population of
the bog turtle (from New York south to Maryland) was listed as T (threatened), and the
southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened
due to similarity of appearance). The T(S/A) designation bans the collection and
interstate and international commercial trade of bog turtles from the southern population.
The T(S/A) designation has no effect on land-management activities by private
landowners in North Carolina, part of the southern population of the species.
Although the subject project is privately funded, MULKEY has evaluated the site for
suitable habitat for each species. There can be a Section 7 federal nexus in non-federal
projects if aquatic species are listed for the project area. Given the U. S. Army Corps of
Page 7
May 6, 2004
Mr. David Baker, USACE
Engineer's (USACE) regulatory authority over waters and wetlands (where the listed
species may occur) the USACE could serve as the "lead federal agency" in a future
Section 7 consultation should one become necessary. The USACE will make a
determination of the role it wants to play when all the facts and information is received.
An evaluation of the site for potential occurrence(s) of federally listed species reveals the
following:
¦ Green pitcher plant: Suitable habitat is not available in the project study area for
green pitcher plant;
¦ Rock gnome lichen: Suitable habitat is not available in the project study area for
the rock gnome lichen;
Note: Both species have highly specialized habitat requirements, which do not exist at the
site.
¦ Virginia spiraea: Although suitable habitat, as defined in the literature, does not
strictly exist for Virginia spiraea, a plant-by-plant survey along the banks of
Crane Creek was conducted anyway on May 2, 2004.
¦ Small-whorled pogonia: The only other listed plant is small-whorled pogonia.
No surveys were conducted for this species, which blooms from mid-May through
June. Although there are historical records for this species in western North
Carolina, the literature's description of suitable habitat, and sites where its
occurrences have been recorded (mixed hardwoods, apple orchards, etc.) gives the
impression that it could occur in a wide array of habitats. Its tendency to remain
dormant for large periods of time further complicates attempts to draw
conclusions from negative survey results.
¦ Carolina northern flying squirrel: Suitable habitat is not available in the project
study area for the Carolina northern flying squirrel;
¦ Bog turtle: Suitable habitat does not exist in the project study area for the bog
turtle;
¦ Indiana bat: Suitable habitat does not exist in the project study area for the
Indiana bat;
¦ Appalachian elktoe: Suitable habitat does not exist in the project study area for
this species. Species is not known from the Hiwassee River Basin in Cherokee
County and, for that reason, is not listed for Cherokee County
The Biological Conclusion for each of these species is No Effect based upon the
absence of suitable habitat. It is important to note that records at the N.C. Natural
Heritage Program were searched and the records affirm that none of the listed species
have been recorded within 2 miles of the project study area.
Cumberland bean: The Cumberland bean, a freshwater mussel, is believed to
occur in the Hiwassee River drainage in Cherokee County, N.C.
Little-wing Pearlymussel: The little-wing pearly has been found in the Hiwassee
drainage, but is thought to be extirpated from this area now.
Tan riffleshell: Little natural history information available in the literature.
Species is known mostly from Tennessee drainages, which means that N.C.
streams that flow north into Tennessee and Virginia may be potential habitat.
Page 8
May 6, 2004
Mr. David Baker, USACE
The Biological Conclusion for each of these mussel species is May Affect, Not Likely
to Adversely Affect based on the remote possibility that either of the species is likely to
occur in Crane Creek. In the vicinity of the Ace Hardware project, Crane Creek is of
fairly low quality, afflicted mostly by sedimentation. Turbidity is noticeably high and the
benthic faunal richness may be very low (based upon a single, cursory examination of the
benthos on May 3, 2004). It is also important to note that element occurrence records at
the NCNHP were searched and the records affirm that none of the listed mussel species
have been recorded within 2 miles of the project study area. Since the stream is short and
highly polluted by sedimentation, it is reasonable to conclude that none of the species
would be found in Crane Creek.
HISTORIC PROPERTIES
There are no structures on the project parcel. Furthermore, past grading activities leaves
little more than a severely graded area and a very severe cut slope. The State Historic
Preservation Office has been consulted for confirmation of the status of the site (See
attached letter).
We appreciate your time and consideration. Please call Randy Turner at 919.858.1795 if
you have the need for additional information.
Sincerely,
M(Z'W'A7?
M. Randall Turner, Manager
Natural Resources Group
Mrt/mrt
Enclosures
Cc: Mr. Kevin H. Barnett, NCDWQ w/enclosures
Mr. John Fridell, USFWS w/enclosures
Mr. Dave McHenry, NCWRC w/enclosures
Mr. T. Scott Edgar, P.E., S&A, LLP w/enclosures
Mr. Lamar Lance, Owner-Applicant w/enclosures
Ms. Debra Sawyer, NCEEP w/some enclosures
SHPO w/some enclosures
Lamar Lance
4344 Old Highway 76
P.O. Box 1280
Blue Ridge, GA 30513
April 30, 2004
Mr. Kevin H. Barnett, Environmental Chemist
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Asheville Regional Office
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Dear Mr. Barnett:
Please be advised that Mulkey Engineers and Consultants (MULKEY) of Raleigh,
North Carolina is serving as my authorized agent in matters related to the
acquisition of essential environmental regulatory authorizations pursuant to
developing a land parcel west of Murphy in Cherokee County, North Carolina.
Specifically, Mr. M. Randall Turner (Randy Turner) of MULKEY will be preparing
and submitting applications and related exhibits. He is authorized by me, the
owner, to sign these applications and documents on my behalf.
Thank you for your consideration and cooperation in this matter.
Sinc relyXo-
Lamar Lance
cc: M. Randall Turner, MULKEY
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? 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 Ecosystem Enhancement Program (EEP) is proposed for
mitigation of impacts (verify availability with EEP 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Lamar Lance
Mailing Address: 4344 Old Highway 76
Blue Ridge, Georgia 30513
Telephone Number: 706.455.8659 Fax Number: 706.632.0464
E-mail Address: aceware@tds.net
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: M. Randall Turner
Company Affiliation: Mulkey Engineers & Consultants
Mailing Address: 6750 Tryon Road
Cary, North Carolina 27511
Telephone Number: 919.858.1795 Fax Number: 919.851.1918
E-mail Address: rturner@mulkeyinc.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Ace Hardware
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 458111564768000
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Southwest from Murphy on US
Highway 64 approximately 1/2 a mile before SR1579 intersection with Highway 64
5. Site coordinates, if available (UTM or Lat/Long): 35 03' 15"N, 84 03' 15"W
(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): 11.06 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Crane Creek
8. River Basin: Hiwassee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site has been logged and graded and is currently sparsely
wooded at the top of cut slope. Topography included steep slopes toward Crane Creek which
runs parallel with Hwy 64 through the site. Land use in the vicinity varies from commercial
to the south, residential to the north, and church property to the west.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Commercial development consisting of 25,000 SF main building with numerous other
smaller buildings, parking lots, storm water piping, sanitary sewer, and relocation of 14'
wide gravel access road. Earth moving equipment are being used such as dozers, motor
graders, excavators, track hoes, etc.
11. Explain the purpose of the proposed work: Commercial Development/construction of Ace
Hardware-building supply business
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.
Application (PCN) initially submitted on January 6, 2004
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.
N/A
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
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.
Page 7 of 13
1. Provide a written description of the proposed impacts:
Proposed grading for parking lot and new gravel access road and required parking will
impact small headwater wetland areas and portion of Crane Creek. The proposed Ace
Hardware is more than a conventional Hardware store. It will receive an average of 15 semi-
truck deliveries daily. Among a variety of other things, the store will receive, handle, and
sell laminated veneer lumber (LVL) in forty eight (48) foot lengths. The area required to
unload and place this LVL material in storage racks using fork lift trucks is on the order of 80
foot radius. Other Ace stores of this magnitude are situated on 10 acres of usable space. The
Murphy store will be limited to approximately 4.9 acres of usable land due to topographical
and land constraints. This home center is expected to handle over 900 transactions per day_
The Home Center is planned at 25,000 square feet. At a parking loading rate of 1 space per
300 square feet. 83 spaces are required. The current layout yields 81 spaces. Fire Codes
require a fire lane adjacent to the front of the store, therefore, no parking can be adjacent to
the front.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
3 Fill/French drain 0.021 No 0 to 500 Headwater seepage
5 Fill/French drain 0•.006 No 0 to 30' Headwater spring seep
* 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://www.fema.eov.
*** 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: 0.027 acre
Total area of wetland impact proposed: 0.027 acre
3. 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 Impact Perennial or
Intermittent?
(pleasespecify)
1 Pipe & fill 217 Crane Creek 9 Perennial
2 Pipe & fill 10 Crane Creek 9' Perennial
4 Pipe & fill 10 Unnamed trib to Crane Cr 3' Intermittent
Page 8 of 13
* 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),
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.uses.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.toaozone.com,
www.manguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 237
4. 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 of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Site layout options, including placement of buildings and parking surface were given serious
study. Due to severe topographic constraints, less than half of parcel size will be available for
Page 9 of 13
business site development. The usable land is positioned closest to US 64 (and Crane Creek).
Large volume of daily semi-truck deliveries which will require large area to maneuver and off-
load 48 foot laminated wood products, etc. and anticipated customer traffic precludes avoidance
of creek and wetlands. Moving proposed structures farther back from Crane Creek would
increase the amount of soil to be cut and removed from the existing cut slope at rear of site. This
would result in severe and unstable cut slope. To reduce impacts, parking lot fill slopes at the
southeast corner of site will be engineered at 2:1, or retaining walls may be used. Only
Mproximately 5 acres of an 11 acre parcel can be used due to specific topographic constraints.
Minimization efforts include use of 2:1 fill slopes (or retaining wall) to reduce length of impact
to creek; headwalls at inlet and outlet ends of double culvert installation will reduce undesirable
sedimentation events; one of two originally proposed entrance points has been eliminated,
resulting in the reduction of 20 feet of overall stream impacts from 257 ft. to 237 ft.
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.ne.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 10 of 13
2. Compensatory mitigation for anticipated losses to Crane Creek and small headwater wetlands
will be accomplished through the EEP in-lieu fee program. The original application proposed
mostly preservation to compensate for the anticipated loss of stream channel. No
compensation was offered for the anticipated impacts to wetlands. After reconsideration, the
owner-applicant proposes to offer 1:1 restoration via the in-lieu fee mitigation program being
administered by the Ecosystem Enhancement Program (See attached letter). Specifically, we
propose to pay $47,400.00 to compensate for the loss of 237 linear feet of stream channel at a
unit cost of $200.00 per foot. In addition, we propose to pay $3,000.00 as compensation for
the loss of 0.027 acre of headwater (non-riparian) wetlands (seep/spring wetland). This
payment is being made at a ratio of 2:1 based upon a unit cost of $12,000.00 Per acre. (Note
that the Ecosystem Enhancement Program requires payment for a minimum of 0.25 acre,
which approximates a 10:1 ratio). Total cost for stream and wetland compensatory
mitigation is $50,400.00.
Note: The applicant objects to the requirement to compensate at a ratio of 10:1 for the loss of the small
wetlands. We are well aware that such wetlands can provide beneficial functions to wildlife. We
believe that the wildlife function has been extremely limited in the case of these wetland. Furthermore,
under most circumstances, compensation is not required for the loss of < 0.1 acre under a nationwide
authorization unless the resource is considered to be very important. We respectfully request the
USACE and NCDWQ to give careful consideration to this informal appeal.
3. 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
(919) 733-5208 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/wM/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 237
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): 0.25
Amount of Coastal wetland mitigation requested (acres):
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 ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Page 11 of 13
N/A 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.
N/A Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
N/A
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
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and 'acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) M
Multiplier Required
Mitigation
1 3
2 1.5
Total
* Gone 1 extends out jU teet perpendicular trom near bank of channel; Lone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
N/A
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Page 12 of 13
Existing conditions consisted of undeveloped forest land with 14' wide access road, proposed
site will consist of 4 acres impervious area of the 11 acre site. Sedimentation and erosion control
measures include three sediment basins, silt fencing, diversion berms, lined channels, riprap
outlet protection at sediment basins, level spreaders etc. Roof drains and surface runoff will be
treated by one or more devices before entering stream.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Proposed sewer would tie in to existing 12" sewer line on site owned by the Town of Murphy
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Wetland delineation boundaries have not been verified by USACE at this time.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
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-M U LK EY
ENGINEERS & CONSULTANTi'S
May 6, 2004
Ms. Debra Sawyer, In-lieu Fee Administrator
N.C. Department of Environment and
Natural Resources
The Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, North Carolina 27699-1619
Dear Ms. Sawyer:
SUBJECT: Request for In-Lieu Fee Restoration Replacement for Stream and
Wetland Impacts at a Site Located Approximately 3.5 Miles West of
Murphy, N.C. in Cherokee County
Mulkey Engineers & Consultants (MULKEY) is under contract to provide technical
services including preparation and submittal of permit application documents pursuant to
obtaining Clean Water Act authorizations for a commercial development in Cherokee
County, North Carolina.
The purpose of the project is the development of a commercial hardware and building
supply business complex with retail sales areas, materials storage and display areas. The
site will contain approximately 15 structures, a customer parking lot, as well as materials-
handling and off-loading areas.
The owner plans to construct an Ace Hardware business complex at an undeveloped site
on US 64 located approximately 3.0-3.5 miles south-southwest of Murphy in Cherokee
County, North Carolina. The parcel is situated on the west side of US 64.
I am sending a copy of the Section 404 application (NWP-39) and a vicinity map for your
files. Please review our request at the earliest opportunity so that the project can proceed
without further delay.
WATERS OF THE U.S.
Waters of the U.S. will be impacted at 5 separate locations. Wetlands occur at three sites;
surface waters at three sites. Wetland impacts total 0.027 acre. Total impacts to surface
waters will be 237 linear feet at three separate sites.
Wetlands
Site 3 is being reported for the first time. It is a small (narrow), linear headwater seepage
wetland that was identified in mid-April during a visit to the site. The feature had been
previously obscured from view by felled trees and other debris. This wetland originates
as a groundwater or spring seep and slowly trickles across the landscape through a very
narrow (2 foot wide) depression, which passes through a pasture, a garden patch and the
Ace Hardware project site. Another wetland impact will occur at a very small wetland
MULKEY INC. 6750 TRYON ROAD CARY, NC 2751 1 PO BOX 33127 RALEIGH, NO 27636 PH: 919-851-1912 FAX: 919-851-1918 WWW.MULKEYINC.COM
Page 2
May 6, 2004
Ms. Debra Sawyer, NCEEP
that has developed in the vicinity of a spring. Wetland impacts will total 0.027 acre of
seepage/spring headwater wetland, 0.021 acre at one site and 0.006 acre at another site.
Surface Waters (Crane Creek)
One primary surface water, Crane Creek, flows across the site from north to south along
the eastern edge of the property, paralleling US 64. Crane Creek is given a best usage
classification of C. The creek is not on the list of 303(d) streams, nor are any impaired
streams located within one mile. According to the NCWRC, trout would not be expected
to be in the vicinity of the Ace Hardware site, but trout are known to occur near the
mouth of the creek at its confluence with the Nottely River, approximately 0.5 south-
southwest of the project area. Crane Creek lies in the Hiwassee River Basin in subbasin
04-05-02. The USGS Hydrologic Unit designation is 06020002. The Division of Water
Quality has assigned a stream index number of 1-58-11 to Crane Creek.
COMPENSATORY MITIGATION
The owner-applicant proposes to offer 1:1 restoration to compensate for the loss of 237
feet of stream via the in-lieu fee mitigation program being administered by the Ecosystem
Enhancement Program (EEP). Specifically, we propose to pay $47,400.00 to compensate
for this loss of stream channel at a unit cost of $200.00 per foot. In addition, we propose
to pay $3,000.00 as compensation for the loss of 0.027 acre of headwater wetlands
(seep/spring wetland). This payment is being made at a ratio of 2:1 based upon a unit
cost of $12,000.00 Per acre. We understand that, as a matter of policy, the EEP will not
provide compensatory mitigation for less than 0.25 acre of wetland. The total payment
for stream and wetland compensatory mitigation will be $50,400.00.
We assume that, upon approval of the compensatory mitigation proposal by the
regulatory agencies, the EEP will invoice us for the mitigation costs.
We appreciate your time and consideration. Please call Randy Turner at 919.858.1795,
or e-mail him at rturnerC mulkeyinc.com if you require additional information. Thank
you.
Sincerely,
IJ
M. Randall Turner, Manager
Natural Resources Group
Mrt/mrt
Enclosures
cc: Mr. David Baker, USACE
Mr. Kevin H. Barnett, NCDWQ
Mr. Dave McHenry, NCWRC
Mr. T. Scott Edgar, P.E., S&A Assoc.
Mr. Lamar Lance, Owner-Applicant
I USACE AID# DWQ # Site # / (indicate on attached map)
M STREAM QUALITY ASSESSMENT WORKSHEET r. -
Provide the following information for the stream reach under assessment:
1. Applicant's name: Lo91Lr6 2. Evaluator's name: CsAb4 (!;3r1_ -#- /- ylo U=e /
.?i???
3. Date of evaluation:; 4. Time of evaluation:-- : CEO r9/7Z
5. Name of stream: 1C/,4A1 wee l 6. River basin: !7?!Glf G, -
7. Approximate drainage area: ?? 8. Stream order: /ST
9. Length of reach evaluated: C3GV j
11. Site coordinates (if known): prefer in decimal degrees.
Latitude (ex. 34.872312): ` 03/.S-/'/
10. County:
12. Subdivision name (if any):
Longitude (ex.-77.556611): S11116-31L 16U
Method location determined (circle): GPS Topo Sheet Ortho (Aerial) Photo/GIS Other GIS Other
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
14. Proposed channel work (if any): POA-46e o'ff' Z'- (4--10 4-1- 5_4-V /! 23 7
15. Recent weather conditions: ?15?9,yy)
16. Site conditions at time of visit:: /-/q f 2?ly Cl??''? y
17. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV)
18. Is there a pond or lake located upstream of the evaluation point? YES NO) If yes, estimate the water surface area:
19. Does channel appear on USGS quad map? ES, NO 20. Does channel appear on USDA Soil Survey? ES NO
21. Estimated watershed land use: /0% Residential /0 % Commercial _% Industrial S % Agricultural
'7d % Forested -% Cleared / Logged _% Other ( )
i
22. Bankfull width: 233.. Bank height (from bed to top of bank):
24. Channel slope down center of stream: -Flat (0 to 2%) Z Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
25. Channel sinuosity: Straight Occasional bends -Frequent meander -Very sinuous -Braided channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture
into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality.
Total Score (from reverse): 2 e Comments:
Evaluator's Signature U-64L"? l?`J J Date +n/!j?z 3
This channel evaluation form is int - ed to be used only as a guide to assist landowners and en mental professionals in
gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream
quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSESSMENT WORKSHEET
enC "f tlo 'e tstent po -=ea a : - - x r o 5
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itat ,
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itats
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' •? ??r•-?"????. Canopy coverage over streambed ? %t
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?
u ? ?
i'?°0 5
?0 5 '
0-5
J
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ve etahon c?.cano = max oints
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dee° Webe'ddc se- uc?e.. inax a 4.;;
'? a Presence of streamtnvertel'rates see page: 4) * t
,
?
_ i"i
a
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0 5
=0-5
_
.
.
?' no evidence = 0• common numerous es = max points)' y
'•Presence?ofamphibians"
O 0-4 0-4 0-4 ?j
no evidence -
comtrion numerous es = max Dints
Presence offish "
X22 mfi<' n..?.
'
:
0-4 ..
0-4,
0-4
oints
(no evidence = 0 commoni jo merous types = max
a= ' , g
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"
'
r; .
no evidence =. 0' Aitndait evidence =
Max points) 0 6 , . 0 - 5 0 - 5
;,:? S ?t on* t rs ? ? ?
* These characteristics are not assessed in coastal streams.
NCDWQ Stream Classification Form
Project Name: River Basin: County: Evaluators:
Ace Hardware Hiwassee Cherokee Cindy Carr and Harold Brad
DWQ Project Number: Nearest Named Stream: Latitude: Signature: /7
04-0032 Crane Creek 35.0315N C.
Date: USGS QUAD: Longitude: Location/Direction .
May 3, 2004 Murphy 84.0315W -3.5 miles south west of Murphy, on US
*PLEASE NOTE: If evaluator and landowner agree that the feature is a man-made ditch, then use of this form is not
necessary. Also, if in the best professional judgement of the evaluator, the feature is a man-made ditch and not a modified
natural stream-this rating system should not be used*
Primary Field Indicators: (Circle One Number Per Line)
1. Geomornhologv Absent Weak Moderate Stron
1) Is There A Riffle-Pool Sequence? 0 ( 1) 2 3
2) Is The USDA Texture In Streambed
Different From Surrounding Terrain?
0
1
3
3) Are Natural Levees Present? 0 6) 2 3
4) Is The Channel Sinuous? 11
X
(0/ 1 2 3
5) Is There An Active (Or Relic)
Floodplain Present?
00
(1 J
2
3
6) Is The Channel Braided? ll
(u) 11 2 3
7) Are Recent Alluvial Deposits Present? 0 Cc? 2 3
9) Is A Continuous Bed & Bank Present? U 1 2 3
(*NOTE. 1JBed & Bank Caused By Ditching And WITHOUT Sinuosity Then Score=0*)
10) Is A 2nd Order Or Greater Channel (As Indicated ,-?
On Topo Map And/Or In Field) Present? Yes d No=O
PRIMARY GEOMORPHOLOGYINDICA TOR POINTS: 9
II. Hydrology Absent Weak Moderate Strong
1) Is There A Groundwater Flow/
Discharge Present? 0 1 ("L 1 3
PRIMARYHYDROL0GYINDICATOR POINTS:
III. Biology Absent Weak Moderate Strong
PRIMARY BIOLOGY INDICATORPOINTS:
3) Is Periphyton Present? (U J 1 2 3
4) Are Bivalves Present? ( 1n 1 2 3
Secondary Field Indicators: (Circle One Number Per Line)
1. Geomorphology Absent Weak Moderate Strong
SECONDARY GEOMORPHOL 0 G Y INDICA TOR POINTS: 3
II. Hydrology Absent Weak Moderate Strong
1) Is This Year's (Or Last's) Leaflitter
Present In Streambed? 1.5 1 l .5 ) 0
2) Is Sediment On Plants (Or Debris) Present? 0 l
/?
(.51 1 1.5
3) Are Wrack Lines Present? //
(0) 5 1 1.5
4) Is Water In Channel And >48 Hrs. Since 0 .5 01 1.5
Last Known Rain? (*NOTE: If Ditch Indicated In #9 Above Skip This Step And #5 Below*)
5) Is There Water In Channel During Dry 0 .5 (1) 1.5
SECONDARYHYDROLOGYINDICA TOR POINTS: 4.5
III. Biology Absent eak Moderate Strong
W
1) Are Fish Present? 0 n5 1 1.5
8) Are Wetland Plants In Streambed? Afo
SAV Mostly OBL Mostly FACW Mostly FAC Mostly FACU Mostly UPL
75 0.5
(*NOTE: If Total Absence OfA11 Plants In Streambed As Noted Above Skip This Step UNLESS SAV Present*).
SECONDARY BIOLOGYINDICA TOR POINTS: 1.5
TOTAL POINTS (Primary +Secondary)= 25
(If Greater Than Or Equal To 19 Points The Stream Is At Least Intermittent)
3) Does Topography Indicate A //
Natural Drainage Way? 0 .5 (1? 1.5
6) Are Iron Oxidizing Bacteria/Fungus Present? t 01 .5 1 1.5
?o
7) Is Filamentous Algae Present? `u } .5 1 1.5
DATA FORM
ROUTINE WETLAND DETERMINATION ? it
0 987 COE Wetlands Delineation Manual) J
Project/Site: .6w.t Date: 7 -
Applicant/Owner; l;,yr County:
ere ?c
Investigator: .,yz,C ,lfiya? T
State:
Do Normal Circumstances exist on the site? Ye Community ID:
is the site significantly disturbed (Atypical Situation)? Ye •? Transact ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.) ?-`?-
VEGETATION
Dominant Plant SRecies Stratum indicator
1
?? Dominan t Species stratum Indicator_
. 7lU 9.
2- 10.
3•
4.
_
S• ]3. ??
14-
7. 15.
g- 15.
Percent of Dominant Species that are pBL, FACW or FAG
(excluding FAC-)-
Remarks:
ellp-0-K 1- 47
HYDROLOGY
Recorded Data (Desoribe in Remarks): Wetlahd Hydrology Indicators:
_ Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs lnu6dbted
_ Other ? saturated in Upper 12 Inches
-? No Recorded Data Available _
Water Marks
Drift Lines
`
_
Sediment Deposits
Fefd Observations. ?/Drainibs Patterns in Wetlands
,,,
S0*0nda Indicptors (2 or more required):
Depth of Surface Water: ?(in.) V Oxidized Root Channels in Upper 12 inches .
_ Water-Stained Leaves
Depth to Free Water in Pit: (in_) Local'Soil Survey Data
FAC-Noutral Text
Depth to Saturated Soil; n.) _ Other (Explain in Remarks)
Remarks:
ZSS-l1 ES/SZd STS-Z Ef,0ZGGZ8Z8 OH H'I'IIAHHSV HKHGX-WOHd Li]: ST ?0 ,-L O-N
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:
Applicant/Owner:
Investigator:. X
Date: ;e In??Ca
County:'
State: .ii-
Do Normal Circumstances exist on the site? es No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes 10? Transact ID:
Is the area a potential- Problem Areal Yes e Plot ID: "-
(if needed, explain on reverse.) ---?-?
VEGETATION
Dominant Plant species Stratum Indioator
- Dominant
- Plant Species
- Stratum lndi? cater
B. 14.
7.
Parcont of Dominant Species that are OBL, FACW or FAC
(exc)uding PAC-),
Remarks:
?f 7A,?' j fAr? f ..?" /A17 ' Cry
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indic
Stream, Lake, or ride Gauge
?.... Primary Indicators:
Aerial Photographs
T lnundated
_
Other _
- Saturated i12 Inches
No Recorded Date Available ? Water Nar
.
Drift Lines
Sediment
7
Feld Observations: Dta)nage Pin Wetlands
Secondary Indicators ore required):
Depth of Surface Water: 0n.) Oxidized Rnnels in Upper 1 2 Inches
_
_ Water-Staies
Depth to Free Water in Pit: (in.) Local Soil Sata
FAC-Neutra
Dopth to Satureted Soil: _ (in,)
_
Other (Explemarks)
Rernatke)
Remarks:
ZGS-fl SS/?Zd 8LS-1 SI OZ66ZSZS Od H'I'IIAHHSV UNHQON-W
ORE 80: HL b0 ; -GO-bO
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetl2nds Delineation Manual)
Project/Site: _Zt
Applicant/Owner.
Investigator:
Do Normal Circumstances exist on the site? Yes No
Is the site significantly disturbed (Atypical Situation}? Yes No
is the area a potential Problem Area? Yes No
Of needed, explain on reverse.)
?? ? f i rt• PLe1?v?
Date: ' --c^°Q:i"
County: cx _114 .
State: Alr-
Community 1D:
TransectlD: -''
Plot ID:
VEGETATION
Nh'iinsnt Plant Soeoias Stratum Indicator Domino Plant 5 ecjcs
Stra um ndicator
3.
14.
1 B.
Percent of Dominant Spacise that are OSL, PAGW or PAC
(excluding FAG-).
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks). Wetland Hydrolooy Indicators:
Stream, Lake, or ride Gauge Primary Indicators:
Aerial Photographs inurideted
_ Other
No Recorded Date Available Saturated in Upper 12 Inches
T Water Marks
-
Drift Linos .
Sediment.Deposits
Feld Observations: Drainage Parroms in Wetlands
SeOondary lndicators (2 or more requlrad):
Depth of Surface Water (in,) Oxidized Root Channels in Upper 12 lnehes
Water-Stained Loayss
Dopth to rree Water in Pit: _
(jn,} Local Soil Survey Data
FAC-Neutral Tort
Depth to Saturated Soil: ' `(in-I _ Other (Explain in Remarks)
Remarks:
ZS€:-11 WSZd 8TS-1 Sf70L66Z8Z8 OH H'I'IIAHHSV SIC 9OK-i,10HI 847' : ST 1i0 LI]-?0
ar
SINCLAIR & ASSOCIATES, LLC
MEMORANDUM
POST OFFICE BOX 1344 - DUNCAN, SC 29334 PHONE 864/949-0981 - FAX 864/949-1911
TO: Richard Moore, P.E.
FROM: Scott Edgar
DATE: March 18, 2004
SUBJECT: Ace Hardware
S&A Project #1365
The following report should be reviewed by all to which distribution is made. Any errors, ambiguities or omissions
should be reported to the writer within 5 days.
Mr. Moore,
We are faxing and mailing a sketch of a preliminary layout for proposed creek piping for the above
referenced project. It indicates that a temporary diversion ditch be constructed parallel to the proposed
creek piped area so that the creek piping work can be performed in the dry without major sediment
impacts downstream. The temporary ditch will be constructed to duplicate the natural channel in width
and depth. It will be lined with Mirafi 50OX fabric or approved equal. We propose to use timber
equipment mats as indicated in the attached sketch to protect the stream substrate as much as possible
and minimize creek flow contact with heavy equipment.
The construction sequence shall be as follows;
Construct the bypass channel in the dry without breaching the existing creek channel at the up or
downstream tie in points. Apply an erosion control matting to the bypass channel bottom and sides in
accordance with the manufactures recommendations with 6-inch or longer soil staples and/or rip/rap to
hold in place. Breach the downstream end of the bypass ditch and apply erosion control fabric to the
tie in point. Breach the upstream end of the bypass ditch and construct the temporary dam in the
existing creek at the same time. The equipment used for this should be on a timber mat if located in
the existing creek. At the completion of the temporary dam construction, the existing creek bed should
be in the dry for the construction of the permanent piping as indicated on the plans. Upon installation
of the permanent piping, proper backfilling, and headwalls anchored into the adjacent creek banks on
each end of the dual pipes, the creek flow should be routed to the pipes by removing the temporary
dam in the existing channel. The temporary bypass ditch should be properly backfilled when it is
apparent that the piped system is without seepage, boils, or spring flows along the piped and filled
area.
The dual pipes proposed to carry Crane Creek will receive a 435 cubic feet per second (cfs) flow
generated from a 307 acre watershed during a 10-year return storm event. This flow is in no way
directed to the off-line sediment basins. The off-line sediment basins collect and treat runoff from the
project disturbed areas only. Storm drain line C contributes to pond A. Storm drain lines B, D, & E
contribute to Pit B.
.c- -2
The surface area calculation used in the original submittal was based on
(Volume =0.4 x surface area x depth). as outlined in section 6.60.2 of the NC handbook. The surface
areas were verified using
(SA = 0.01 x peak flow) as outlined in section 8.07.01 of the NC manual.
The surface areas were also verified using the 435 x Q, rule of thumb
Results of the verification calculations are presented below:
Sed Pit / cont. ws 10-year flow, Q SA = 435 sf x Q SA = 0.01 x Q A provided
A / 1.48 acres 6.79 cfs 2,953 s q. ft 2,958 s q. ft 5,408 s q. ft.
B /3.03 acres 12.36 cfs 5,376 sq. ft 5,384 sq. ft. 6,050 s q. ft.
cc: Project File
Lamar Lance
Terry James
Triage Check List
Date: iry1 t 3 may
Project Name: 4c e 14C'I- t WGr2
?-
DWQ#: 0'-A U 01
County: C kArd ?R
To: [3- ARO
? FRO
? MRo
? RRO
pvit'1 Lrm'q
Mike Parker
Ken Averitte
Alan Johnson
Steve Mitchell
From: ?h(? c row
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Daryl Lamb
Telephone : (919) '? ? 3 3 5'7 `l
The file attached is being forwarded to your 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 (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments:
pv "1 X G(J(?11?41"1 S (-qS06AI(S CJC41 W YOU?
UNITED STATES POSTAL SERVICE First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Complete Items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this cans to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
A.
LSIAgent
rid sae
B. Received b (Printed Name) C. 44a of
Arrnm)? 071 ,09-1 eler
D. Is delivery address different from Item 1? ICY
If YES, enter delivery address below: o
/ace H and uj o-rc
P O 'BO )? ' 2 U v 3. Service type
-6[c )c
ZdSe,
n con fled Mall ? Express Mall
GIA 30513 ? Registered O(Retum Recelpt for Merchandise
? Insured Mall. ? C.O.D.
4. Restricted Delivery? ODdra Fee) ? Yes
Article Number 7002 2410 0003 0275 3912
(lians/er fnxn serv/ce labs
s Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154
\ NAT,,- Michael F. Easley, Governor
`O .0 9p(r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
Division of Water Quality
Q r. Coleen H. Sullins, Deputy Director
Division of Water Quality
February 6, 2004
CERTIFIED MAIL WETLANDS/ 4011 Gkloo
Ace Hardware and Building Center, Inc. FEB 2 0 2004
4344 Old Highway 76 WATER GUA .# ?
PO Box 1280
Blue Ridge, GA 30513
To Whom It May Concern:
On 1/12/04, the Division of Water Quality received your application and fee for the
proposed Ace Hardware Site in Murphy, North Carolina. On 01/23/04, Kevin Barnett of
the Asheville Regional Office wrote an additional information request letter to Lance
Lamar. On 2/04/04 we received another application and fee for the project stated above.
We are returning your check (#027790) in the amount of $475 since we have already
received your application fee.
Sincerely,
Michael Horan
Enclosed : Check #$ 027790 in the amount of $475
CC:
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-7015
CDENIR
Customer Service
1-877-623-6748
?OF W Ar's- Michael F. Easley,'Governor
William G. Ross Jr., Secretary
`Q G North Carolina Department of Environment and Natural Resources
TP" Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
January 23, 2004
WETLANDS ETLANDS 1401 GROU,p
CERTIFIED MAIL
RETURN RECEIPT REQUESTED FEg ® 5 2004
Lance Lamar
4344 Old Highway 76 SAT ERUALITY SECTION
Blue Ridge, GA 30513
Subject: Additional Information request
Ace Hardware Project
Project Number: 04-0032
Status: On Hold
Cherokee Could
Dear Mr. Lamar:
The Asheville Regional Office of the NC Division of Water Quality is in receipt of your application,
received January 12, 2004. Upon review of the submitted package, this office finds that additional
information will- be required before further review may occur. You, or your representative, must
address the following items before we can continue processing.
• The submitted application indicates that 0.018 acres of wetlands and 257 linearfeet of stream
will be impacted by this project. The submitted mitigation information is inadequate to be able
to determine if sufficient mitigation has been proposed for these impacts. Please review the
mitigation policies located at http://h2o.enr.state.nc.us/ncwetiands/ and compile a mitigation
plan which clearly identifies sufficient restoration / preservation which complies with the above
mentioned policies.
• As part of the 401 approval process, stormwater management must be accounted for. While
the submitted information address stormwater management during construction (as required
by state sediment and erosion control laws), no discussion has been provided for long term
stormwater management from the constructed site. An appropriate stormwater management
plan must be developed which takes into account all impervious areas and this projects
location in relation to surface waters of the state. As part of the plan, all stormwater collected
on impervious areas of this development should be contained and treated prior to release.
Additionally, there shall be no direct discharges to surface waters of the state. All discharges
should be released via level spreaders through a vegetated buffer.
• The submitted site plans lack sufficient detail for a full evaluation to be done. Plans should be
of sufficient size and detail in order for a comprehensive review to be performed. While
temporary sediment and erosion control measures need not be included in these drawings, all
waterways, wetlands, and permanent stormwater management devices should be included.
JPN
°:-!aER
59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customer Service 1-877-623-6748
Additional Information request
Ace Hardware Project
January 23, 2004
Page 2.
• The submitted impact justification does not provide compelling detail for why this project must
occur as submitted. Items such as adjacent land, costs associated with avoidance, reduction
of impacts by realignment of the project, etc. were not included. Detailed discussions in
regards to avoidance and minimization must be included as part of an application.
The above materials must be submitted within 15 business days of receipt of this request in order for
the application to move further. Should no response be received within this timeline, this application
will be returned as incomplete.
Sincerely,
A&-t;K-
Kevin H. Barnett
Environmental Chemist
cc: Mr. Michael Garrett, Sinclair & Associates
Post Office Box 1344
Duncan, SC 29334
Cyndi Karoli, Wetlands Unit.
David Baker, US Army Corps of Engineers, Asheville Regulatory Field Office.
NC DE
59 Woodfin Place Asheville, North Carolina 28801 Telephone (828) 251-6208 Fax (828) 251-6452 Customcr Service 1-877-623-6748
Triage Check List
Date: J-- PC- 0q Project Name:
DWQ#: 041--00 3 2-
County: ,k&ekw-Q-
To: ( ARO Mike Parker ?' WaRO Tom Steffens
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
From:
7
Telephone : (919) 271 - 1
The file attached is being forwarded to your 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
-ULIs the application consistent with pre-application meetings? p w?
[] Cumulative impact concern
Comments: L-YW TkW Ar- VtIK WyL
17
t
S
SINCLAIR & ASSOCIATES, LLC
WETLANDS 1401. GROUP
JAPE 1 2 2004
WATER QUALITY SECTION
POST OFFICE BOX 1344, DUNCAN, SC 29334
TO: NC Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
ATTN: 401 Wetlands Unit
919-733-1786
WE TRANSMIT FOR YOUR:
[ ] Approval [ ] Use
[x] Review & Comment [ ] Information
TRANSMITTAL
PHONE 864/949-0981 - FAX 864/949-1911
DATE:
JOB:
JOB #
[ ] Other
TRANSMITTED VIA:
[ ] Hand Delivered [ ] FedEx/Other
[ x] USPS [ ] Picked -up
12/31/2003
Ace Hardware
Murphy, NC
1365
COPIES DESCRIPTION
7 packaqes Nationwide Permit Application with supportinq documentation
COMMENTS: Additional copies of submittal package are being sent to:
US Army Corps of Engineers
NC Wildlife Resources Commission
DISTRIBUTION: file
Owner
PER: Michael G. Garrett
Ace Hardware Site
Murphy, North Carolina
SINCLAIR & ASSOCIATES, LLC
WETLANDS 1401 GROUP
F'Ee ® 4 2004
WATER QUALITY SECTION
Pre-Construction Notification Application Package
Section 404 Army Corps of Engineers Nationwide Permit
Section 401 NC Water Quality Certification
December 29, 2003
Prepared For: Lance Lamar
4344 Old Highway 76
Blue Ridge, Georgia 30513
Prepared By: Michael G. Garrett
Sinclair & Associates, PLLC
S&A Project #1365
Ace Hardware Site
Murphy, North Carolina
S&A Project #1365
INDEX
APPLICATION FORM 1-8
LOCATION MAP 9
SITE PLAN 10
WETLAND IMPACT MAP 11
STREAM IMPACT MAPS 12-13
-USGS TOPOGRAPHIC MAP 14
SOIL INFORMATION 15-19
WETLAND DETERMINATION FORMS 20-25
SITE PHOTOGRAPH 26
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version May 2002
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
L Check all of the approval(s) requested for this project:
Z Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
21401 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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Lamar Lance
Mailing Address: 4344 Old Highway 76 Blue Ridge Georgia 30513
Telephone Number: 706-632-8002 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Michael Garrett Sinclair & Associates, PLLC
Company Affiliation:
Mailing Address: P.O. Box 1344 DuncanSouth Carolina 29334
Telephone Number: 864-949-0981 Fax Number: 864-949-1911
E-mail Address:
III. Project Information
Page 5 of 12
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: Ace Hardware
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 458111564768000
4. Location
County: Cherokee Nearest Town:_ Murphy
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): West from MurDhv on US
Hi hwU 64 approximately/2 a smile before SR1579 intersection with Highway 64
5. Site coordinates, if available (UTM or Lat/Long): 35" 03' 15"N, 8,f 03' 15"W
(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): 11.06 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Crane Creek
8. River Basin: Hiwassee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.eii.state.nc.us/admiiVmgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:_ The site has been logged and currently sparselywooded
Topography included steep slopes toward Crane Creek which runs parallel with Hwy 64
through the site. Land use in the vicinity varies from commercial to the south residential to
the north, and church property to the west
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
Commercial development consisting of 20,000 SF main building with several other smaller
buildings, parking lots storm water pipin sanitary sewer, and relocation of 14' wide gravel
access road. Earth moving equipment will be used such as dozers motor graders excavators
track hoes, etc.
11. Explain the purpose of the proposed work: Commercial Development
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Unknown
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.
XT /A
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
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.
Page 7 of 12
1. Provide a written description of the proposed impacts: Proposed grading for parking lot and
new gravel access road location will impact wetland areas associated with Crane Creek
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Grading/Fill with 0.018 No 5' +/- Forested wetland
French Drain
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditch ing/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 httn://www.fema.P-ov.
** 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: 0.018 Acres
Total area of wetland impact proposed: 0.018 Acres
3. 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 Impact Perennial or
Intermittent?
(pleasespecify)
1 Culverts and assoc. 217 Crane Creek 8' to 10' Perennial
stabilization
2 Culverts and assoc. 40 Crane Creek 8' to 10' Peremnial
stabilization
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),
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.
rx 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.eov. Several internet sites also allow direct download and printing of USGS maps www.topozone.com,
www.manguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 257'
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Page 8 of 12
4
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
N/A
L1sL cacn impact separately and identify temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
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
infonnation 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.
Site layout options that avoid impacts to Crane Creek become more costly due to the site's
topography. Moving proposed structures farther from Crane Creek increased the amount of soil
to be cut and removed from the site. To reduce impacts, parking lot fill slopes will be engineered
at 2:1 or retaining walls may be used.
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
streanls.
Page 9 of 12
?l?
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
htti)://h2o.eiu.state.nc.us/i,icwetlands/striiagide.1-itlnl.
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.
Proposed mitigation includes preserving all portions of the Crane Creek wetland on site that
are not proposed for impacts. A conservation easement would be created See attached site
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
(919) 733-5208 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 1-ittp://li2o.enr.state.ne.us/wrp/index.litm. If use of
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):
Environmental Documentation (required by DWQ)
Page 10 of 12
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an envirommntal document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
IX. 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 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(s uare feet
Multiplier
Required
Miti ation
1 3
2 1.5
Total
.. - 3 UUL ,v iccL pcrpenaicuiar from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement; Preservation or
Page l 1 of 12
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stornawater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing conditions- consist of undeveloped forest land with 14' wide ravel road proposed site
will consist of 4 AC impervious area plus 1200' of new avel road. Sediment erosion control
measures include two temporary sediment basins silt fencing, diversion berms, lined channels
riprap outlet protection, etc.
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Proposed sewer would tie in to existing 12" sewer line on site owned by the Town of M=hy_
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 10
Is this an after-the-fact permit application?
Yes ? No X
XII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Wetlands delineation has not been verified by USACE at this time.
AOCL? c4-,
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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382D--Junaluska-Tsali complex, 8 to 15 percent slopes.
This map unit consists of strongly sloping, well-drained soils on sides slopes and narrow ridgetops in the low
mountains: Junaluska soils are moderately deep and Tsali soils are shallow. Individual areas range from 5
to 50 acres in size. Typically, this map unit contains 55 to 65 percent Junaluska soils, and 15 to 25 percent
Tsali soils. These soils are so intricately mixed or small in size to be mapped separately at the selected
scale.
The typical sequence, depth, and composition of the layers of these Junaluska soils are as follows--
Surface layer:
0 to 2 inches, brown fine sandy loam
2 to 11 inches, strong brown fine sandy loam
Subsoil:
11 to 21 inches, yellowish red sandy clay loam
Underlying material:
21 to 26 inches, yellowish red and red fine sandy loam
Weathered bedrock:
26 to 31 inches, multicolored metasandstone
The typical sequence, depth, and composition of the layers of these Tsali soils are as follows--
Surface layer:
0 to 8 inches, dark brown channery loam
Subsoil:
8 to 17 inches, yellowish red channery loam
Weathered bedrock:
17 to 26 inches, strong brown and yellowish red phyllite
Junaluska and Tsali soils have moderate permeability. Surface runoff is slow where forest litter has not
been disturbed and is rapid where there is no litter. Depth to weathered bedrock is 20 to 40 inches in
Junaluska soils and 10 to 20 inches in Tsali soils. The organic matter content of the surface layer ranges
from low to high. Underlying seams of ultra acid, sulfur-bearing rocks are common on some geological
formations. Landslides are common on this map unit.
Included with Junaluska and Tsali soils in mapping are small areas of Keener, Soco, Lostcove, and Stecoah
soils. Stecoah and Soco soils have less clay in the subsoils. Lostcove soils have more than 35 percent
rock fragments in the subsoil. Keener and Lostcove soils are in drainageways. Stecoah and Soco soils are
on north- or east-facing aspects: Also included are small areas of soils that have weathered bedrock at less
than 20 inches below the surface. The contrasting soil inclusions and miscellaneous areas make up about
20 percent of the map unit.
Also included are some soils similar to Junaluska and Tsali soils. These soils have browner subsoils and/or
more surface stones.
Woodland is the most common use of this map unit. Other uses include pasture, building sites, and
recreation.
This map unit is well suited for woodland management because of slope. However, it produces less volume
and has fewer valuable species than high productivity soils, such as Cheoah. Common trees include .
16 )
scarlet oak, chestnut oak, black oak, wr oak, t- astern white pine, ShortleaS pir e, Virginia pine, and
hickory. Wind blown seeds, from spec :,.s a,..oh as black locust, red maple, Shortleaf pine, Virginia pine or
eastern white pine, reforest old fields.
Hardwoods are favored for timber production in stands with good sprout potential and hardwood seedlings
on sites with annual rainfall of more than 60 inches. Reforestation of hardwoods is dominantly by sprouts.
In cutover areas, cutting all trees and large shrubs increases the number and quality of sprouts.
Eastern white pine or Shortleaf pine is grown when good sprout potential and hardwood seedlings are not
available. Eastern white pine or Shortleaf pine is also usually planted where annual rainfall is less than 60
inches. Planting genetically improved trees produces a better stand than naturally seeded eastern white
pine. Prescribed burning and herbicide applications are required for site preparation to increase seedling
survival, control plant competition, reduce debris and lower planting costs. Plant competition needs to be
controlled again a few years after planting.
Care is needed to avoid soil compaction. Use of heavy equipment should be restricted to drier periods.
When this map unit is wet, skid trails and unsurfaced roads are soft and slick due to the high clay content.
This map unit is well suited for pasture because of slope. However, productivity is lower than deeper soils,
such as Brasstown. Controlling erosion is a problem during establishment and in sparsely vegetated or
overgrazed areas. Maintaining pasture in good condition reduces erosion.
This map unit is poorly suited for building sites because of depth to rock. Controlling erosion and difficult
access across steep terrain are also problems. Revegetating disturbed areas is a problem due to slope,
and freezing and thawing. Hydro seeding is a good way to revegetate steep road banks. Excavation for
dwellings with basements may be hampered by moderate depth to bedrock in the Junaluska soils.
Junaluska soils also may be too shallow for septic tank filter fields.
This map unit is moderately. suited for hiking trails. Controlling erosion is also a problem. Freezing and
thawing will,increase the need for trail maintenance on south-to west4acing aspects.
This map unit is not used for row crops or specialty crops.
This map unit is moderately suited for access roads because of low strength, slope, and frost action. it is
used for access roads because timber production and building sites are important uses. Road building may
expose large amounts of ultra acid, sulfur-bearing rock. Water seeping through these materials and
surface runoff may flow into nearby streams and kill aquatic life. All road banks should be seeded and.
maintained in good vegetative cover to reduce sedimentation and improve water quality. Hydro seeding is a
good way to revegetate steep road banks. Revegetating disturbed areas is a concern, especially on south-
to west-facing aspects that freeze and thaw in spring and fall. Large amounts of ultra acid, sulfur-bearing
rock in the fill material will cause a severe problem. This material will require special treatment to avoid
damage to the aquatic life in surrounding streams.
In this map unit, Junaluska and Tsali soils are in capability subclass IVe. The woodland ordination symbol
is 3D for Junaluska soils based on the productivity of scarlet oak and 6D for Tsali soils and is based on the
productivity of Shortleaf pine.
382E--Junaluska-Tsali complex, 15 to 30 percent slopes.
This map unit consists of moderately steep, well-drained soils on sides slopes and narrow ridgetops in the
low mountains. Junaluska soils are moderately deep and Tsali soils are shallow. Individual areas range
from 5 to 50 acres in size. Typically, this map unit contains 55 to 65 percent Junaluska soils, and 15 to 25
percent Tsali soils. These soils are so intricately mixed or small in size to be mapped separately at the
selected scale.
The typical sequence, depth, and composition of the iayers of these Junaluska soils are as follows--
Surface layer:
0 to 2 inches, brown fine sandy loam
2 to 11 inches, strong brown fine sandy loam
Subsoil:
11 to 21 inches, yellowish red sandy clay loam
Underlying material:
21. to 26 inches, yellowish red and red fine sandy loam
Weathered bedrock:
26 to 31 inches, multicolored metasandstone
The typical sequence, depth, and composition of the layers of these Tsali soils are as follows--
Surface layer:
0 to 8 inches, dark brown channery loam
Subsoil:
8 to 17 inches, yellowish red channery loam.
Weathered bedrock:
17 to 26 inches, strong brown and yellowish red phyllite
Junaluska and Tsali soils have moderate permeability. Surface runoff is slow where forest litter has not
been disturbed and is rapid where there is no litter. Depth to weathered bedrock is 20 to 40 inches in
Junaluska soils and 10 to 20 inches in Tsali soils. The organic matter content of the surface layer ranges
from low to high. Underlying seams of ultra acid, sulfur-bearing rocks are common on some geological
formations. Landslides are common on this map unit.
Included with Junaluska and Tsali soils in mapping are small areas of Keener, Soco, Lostcove, and Stecoah
soils. Stecoah and Soco soils have less clay in the subsoils. Lostcove soils have more than 35 percent
rock fragments in the subsoil. Keener and Lostcove soils are in drainageways. Stecoah and Soco soils are
on north- or east-facing aspects. Also included are small areas of soils that have weathered bedrock at less
than 20 inches below the surface. The contrasting soil inclusions and miscellaneous areas make up about
20 percent of the map unit.
Also included are some soils similar to Junaluska and Tsali soils. These soils have browner subsoils and/or
more surface stones.
Woodland is the most common use of this map unit. Other uses include pasture, building sites, and
recreation.
This map unit is moderately suited for woodland management because of slope. An erosion hazard and
equipment limitations are moderate management problems. Access across steep terrain and soil
compaction are additional problems. It produces less volume and has fewer valuable species than high
productivity soils, such as Cheoah. Common trees include scarlet oak, chestnut oak, black oak, white oak,
eastern white pine, Shortleaf pine, Virginia pine, and hickory. Wind blown seeds, from species such as
black locust, red maple, Shortleaf pine, Virginia pine or eastern white pine, reforest old fields.
Hardwoods are favored for timber production in stands with good sprout potential and hardwood seedlings
on sites with annual rainfall of more than 60 inches. Reforestation of hardwoods is dominantly by sprouts.
In cutover areas, cutting all trees and large shrubs increases the number and quality of sprouts.
Eastern white pine or Shortleaf pine is grown when good sprout potential and hardwood seedlings are not
available. Eastern white pine or Shortleaf pine is also usually planted where annual rainfall is less than 60
inches. Planting genetically improved trees produces a better stand than naturally seeded eastern white
pine. Prescribed burning and herbicide applications are required for site preparation to increase seedling
survival, control plant competition, reduce debris and lower planting costs. Plant competition needs to be
controlled again a few years after planting.
Care is needed to avoid soil compaction. Use of heavy equipment should be restricted to drier periods.
When this map unit is wet, skid trails and unsurfaced roads are soft and slick due to the high clay content.
This map unit is moderately suited for pasture because of slope. Access across steep terrain and
controlling erosion are also problems in management. It is difficult to operate farm equipment on these
slopes. Controlling erosion is a problem during establishment and in sparsely vegetated or overgrazed
areas. Maintaining pasture in good condition reduces erosion.
This map unit is poorly suited for building sites because of slope and depth to rock. Controlling erosion and
difficult access across steep terrain are also problems. Revegetating disturbed areas is a problem due to
slope, and freezing and thawing. Hydro seeding is a good way to revegetate steep road banks. Excavation
for dwellings with basements may be hampered by moderate depth to bedrock in the Junaluska soils.
Junaluska soils also may be too shallow for septic tank filter fields.
. , .
This map unit is moderately suited for hiking trails. Controlling erosion is also a problem. Freezing and
thawing will increase the need for trail maintenance on south-to west-facing aspects.
This map unit is not used for row crops or specialty crops.
This map unit is poorly suited for access roads because of slope. However, it is commonly used for access
roads because timber production and building sites are important uses. The instability of the underlying
rock, access across steep terrain, and controlling erosion are also problems. Road building may expose
small amounts of ultra acid, sulfur-bearing rock. Water seeping through these materials and surface runoff
may flow into nearby streams and kill aquatic life. Roadbeds should be placed on natural soil to reduce
slumping. Underlying rock is susceptible to landslides, especially during periods of heavy rainfall and high
traffic. The orientation of the dip in the rock as it relates to the roadbed greatly affects the likelihood of a
slide. Ditches are impractical because banks slump. Outsloping roads is a better way to remove water. All
road banks should be seeded and maintained in good vegetative cover to reduce sedimentation and
improve water quality. Revegetating cuts and fills is difficult due to slope and slumping, especially on south-
to west-facing aspects that freeze and thaw in spring and fall. Hydro seeding is a good way to revegetate
steep road banks. Vegetation is required to control freezing and thawing of fill. Lime and fertilizer are
required to establish and maintain vegetation. Large amounts of ultra acid, sulfur-bearing rock in the fill
material will cause a severe problem. This material will require special treatment to avoid damage to the
aquatic life in surrounding streams.
In this map unit, Junaluska and Tsali soils are in capability subclass Vle. The woodland ordination symbol
is 3R for Junaluska soils based on the productivity of scarlet oak and 6D for Tsali soils and is based on the
productivity of Shortleaf pine.
SOILS
Map Unit Name
(Series and Ph
se)Jf2
a Drainage Class:
Taxonomy (Subgroup): Field Observations
Confirm Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
inches Horizon (Munsell Moist ,
(Munsell Moist) Abundance /Contrast Structure, etc.
Z/ - 2 Sef/e 7 "'Ca eo
Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
Suffidic Odor
-'A
i
M
i
R _ Organic Streaking in Sand
,,
qu
c
o
sture
egime Elated on Local Hydric Soils Lisa
_ Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or Low,-Chrome Colors _ Other (Explain in Remarks)
WETLAND DETERMINATION
Hydrophytic Vegetat ion Present? r-_Y.es No (Circle) (Circle)
Wetland Hydrology Present? o
Hydric Soils Present? es o Is this Sampling Point Within a Wetland? Yes No
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 4,41_J 144??
Applicant/Owner: 111,1ee w-
Investigator: ?/ ,?, /Sra fd Date: 12-2-o3
County: 40
State: -
Do Normal Circumstances exist on the site? Ye
Is the site significantly disturbed (Atypical Situation)? Ye ZN Community ID:
Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(if needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1. 71L/UC?? Dominant Plant Species Stratum Indicator
9.
2. 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are O$L, FACW or FAC
(excluding FAC-).
Remarks:
GAJ C_L2 ea7-
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs Inundated
_ Other _
?Saturated in Upper 12 Inches
No Recorded Data Available _
Water Marks
Drift Lines
_ Sediment Deposits
Field Observations: T/Drainage Patterns in Wetlands
Secondaryridicators (2 or more required):
Depth of Surface Water: (in.) -L/'Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) _ Other (Explain in Remarks)
Remarks:
^^??
84-112.78Z
SOILS
Map Unit Name
(Series and Ph
e):'
as Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? AD No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance /Contrast Structure, etc.
"Bra 7 v ?/: 7,5 3-Z ?o _,..3iL7
Hydric Soil Indicators:
_ Histosol Concretions
Histic Epipedon
- High Organic Content in Surface La
yer in Sandy Soils
`
_ Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local Hydric Soil-- List
_ Reducing Conditions _
_ Listed on National Hydric Soils List
Gleysd or Low-Chrome Colors _ Other (Explain in Remarks)
ncr?ieri:s:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Girds) (Circle)
Wetland Hydrology Present? Yea No
Hydric Soils Present? es R-o-- Is this Sempiing Point Within a Wetland? Yes
Rernerks:
r
?? l
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
CJ`ee 51-red *ti-k M?ia,c t1-"P
Project/Site: lr /1,16)fP? Date: 12
-02-?
Applicant/Owner: G+NcE' (-a?? County: exEr rc-6
Investigator:. "64A/&4f--h State: ,NYC
Do Normal Circumstances exist on the site? es No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes 'N- 0 Transect ID:
Is the area a potential Problem Area? Yes o Plot ID:
(if needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. C?A.S.6 gcSCrC 9.
2. k16b 10.
i
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
a. 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
?a
HYDROLOGY
_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
_ Other _ Saturated in Upper 12 Inches
_ No Recorded Date Available _ Water Marks
_ Drift Lines
_ Sediment Deposits
Field Observations: _ Drainabe Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches
Water-Stained Leaves
Depth to Free Water in Pit: (in.) _ Local Soil Survey Data
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name 7 ? -7?
(Series and Phase): - ! !5'gll (
p cQy,Drainage Class: C
Taxonomy (Subgroup): Field Observations
Confirm Mapped Type? (Yes No
Profile Description:
Depth Matrix Color Mottle Colon Mottle Texture, Concretions
inches Horizon (Mansell Moist) ,
(Munsell Moist) Abundance//
Contrast Structure etc.
//
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils
Su)fidic Odor Organic Streaking in Sandy Soils
Aouic Moisture Regime Listed on Local Hydric SoBs List
_ Reducing Conditions _ Listed on Notional Hydric Soils Lest
_ Gisyed or Low-Chroms Colon _ Other (Explain"in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? eyC
No (Circle) (Circle)
Wetland Hydrology Present? Hydri
o Soils Present? No Is this Sampling Point Within a Wetland? Yes " No
Remarks: r?
PLC f1'':
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Cf Si r PL?t?v?
Project/Site: AL,! /,; n1,g n Date: /.?- -0 4eezylAyt Applicant/Owner:County:
Investigator: aP?, State: ,.?(sr
Do Normal Circumstances exist on the site? Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(if needed, explain on reverse.)
VEGETATION
I Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
c
2. 4.5A. :S 10.
a.
4. 12.
S• 13.
6. 14.
7. 1 c
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC
-(excluding FAC-).
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake, or Tide Gauge Primary Indicators:
_ Aerial Photographs _ Inundated
_ Other Saturated in Upper 12 Inches
_ No Recorded Date Available _
Water Marks
Drift Lines
_ Sediment Deposits
Field. Observations: _ Drainage Patterns in Wetlands
Secondary Indicator's (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12 Inches
_ Water-Stained Leaves
Depth to Free Water in Pitt (in.) _ Local Soil Survey Date
_ FAC-Neutral Test
Depth to Saturated Soil: (in.) _ Other (Explain in Remarks)
Remarks:
Ace Hardware Site - Murphy, North Carolina
US Highway 64
Crane Creek
26
CHECK NO. 027790
& 0 °°3 2 21??D?
dvc GNU 1401 GROUP
FEB 4 2004
WATER QU ITY SECTIOI4
VENDOR c ti
CHECK NO. 0'2 7 5 9 5
• INVOICE AMOUNT • PAib DISCOUNT TAKEN
WETLANDS ! 4 01 GROUP
JAN 1 2 2004
WATER QUAM SECTION
lei
CIL NQ
'a Z. h.. 47