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HomeMy WebLinkAbout20040032 Ver 1_COMPLETE FILE_20040112QG r 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 > -=i 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 WK) U f ?_ J Q (V aQ M0 0) Ujr<- o O U) Z? n v OD -0 1 U Kp t 2W WM- N Z 560 d OD W I? A E - W c1 M Y 10 z (0 LO 0 r o?.. E O IQ1? M 1?1 Lb J a) cz W 2) (? s ?' a I > (0 O 9 ? i w J T? N U o L 2 m c4 w co 0 ? w zJM? a) "IT 14 ?C r 0 Y? LLJ w - Z r Z W= I. Lt", E-4 L;j U z U U "' N o rc t ' O w I 0 w wo N d z \ i N/ 1 a <Vt + y m N C40 ?-Zg I I " O_$ 1 Z i Irg O fA Zmf 5CS m W t ? - N w Z ?j , Z W b I Z l 0 W co LLJ t? 1 0 E ? I E _ II ? J - W cn L U1 1 C ? ? E ? I , ? ? 11 I 1? U O M Oi d ZN 1 M U 4 WT G ; I t' a LL; f ; 1 I ?k OMO 1 1 , 1 a: N o k 1 I U Ex 1 ? , I z Wm?t L ; ;k N Zpm Z 0. 1 ' Ik ? II i ? 'I t?1 II , i tM l , I I k ?I z 1 ? z I? I I k ;k W r I ?? ? Y ?1 k ' W W ?-?? I ? ; I ' C) 1 t W it I ' ? / C--4 fI 1' I '? a it C) w t k _ ., , ? z a a- ? ? I s-' I f ,i :< ? ????Ij I ( I r <mm 04 z I s + Lq + ?soz8 t.? 0 K To . 30 I X W WOT rA Z ZO ak W N U F+4 Z z A Z 0 U W Ll.I Y 0 W w U a I F---l cr) 0 I I A z d z Q I E-4 w d ? Ut vs d it a? f ? n* y I f!j 2 W m t* Zd:°. i ?z I W cr- CI-4 w coo W z Q?x I w J? I Z t A O D Of LLJ Q I1 x W Y O W / w Of U - I E-, -\ t t w z .? di Z U It 1 ?-- t- t --- 1 I E-4 1 zLLJ, 1 U J 0 ZN 1 t U Zg __ 1 1 W °? 3? G.D KNv0 1 1 t WMOI - ? N Z t za:A 1 1 \ 1 w Z z \1 z ° 0 Q x cv W W -'? ? 1 cy, Of- 0 0 to ; U w 0- je - X: 1 I \ cl- E-1 -? - -' a o Pt) LO all Q I l A o .. N CD ?, W( -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 /74 a tl ti fl .. :I' f ` ali`a t n, MtE- 0 0 5- ` t } - pifC ne 0 0 x , cal discharges ct' "f`ittrlent heil e M ' 0- ar es inait omts e e n i 7i= 0 c . ,, . , r ndwate ? 1khii g a r?• 5 ze. 3 °t 0 4 0-4. iYO c11sc e._ s rln etlands a c., meat m A., . f resence bf.sitjacent flo?dplain ???? x? ?*?? ? ` 4 ;v 0 4 ,,?:' 0 - 2 Q "Ia-Inaz `Dint '6 ext iv floo l s s am fitrepchment I /S access t ~° S 4 . o - 2 Ci " d ?1ieCi ?O fl a in ttiax u?ts . G, .t 1, ? f . : --A I R e>ik ` of Ad 'aceA ?`,vetla ds, - N 0 • ?` y 6 4 > 0 2 tlis hints O n 1 , ;:?° # r x Ave fah nk.0•. er,-- o Sedun'ettt in. <ut 'W RO M ? Q S 1-2 0 4 0 - 4 . niax ' oinks P hale s eli ? ed e en y o C ? ? OK1 >$ i? { ize*& diversity'bf channel A. substrate r o? ? w f " ; 0 - 5 /Y mo enbus.?0 1 clxvrse saes ts n o s? t i6 .' E ` idence,of channelME •.. e ? W ` 4 0 5 .. v , . incised - si banks:='max '. x omts ; , e1 TI . bffm or tianka'ailures { ;:, r1 1 7 W °0 5 '0 5 _ : se re edsiopn e'cosfon b b iks = max t s ' : ?:.,;. st vwo r !K" .vim la { o?$t.?e th Sq? densl on ba T s t- 0 3 f rd+ri F 4 ' 0 5 outi max 0 de O Ts b y, wq ytr , n ; a oo se o ou P M i i act by agriculture, j'ltvest?clyor timber prod uctlon 'Or 1 ? 1 0 5 0 4 0 - 5 1 "? slistaut?alm acE =OTdencema`' Dints r ; UrI ple poocompexes I GO , R ,% 0 3 rr 5 0 - 6 -rif le n les orti bo1s?0 ed ev elo d .max, hints O ? ?i? ,I ?- 'c" I" ;;Habitat coipXexity 6 '6 t ti h 0 'f ` d h b l b f : - itat , s ::±• tt e or no re te €?+ane a itats max a ? ' •? ??r•-?"????. Canopy coverage over streambed ? %t 1?> 18, a? s ? u ? ? i'?°0 5 ?0 5 ' 0-5 J :.:. a ve etahon c?.cano = max oints nb had i - "1 • S'. !Fj^'3oL"' 'YhY' Ad. t4 hi.r' MAeH ?.k t x ra.11 _'. dee° Webe'ddc se- uc?e.. inax a 4.;; '? a Presence of streamtnvertel'rates see page: 4) * t , ? _ i"i a 4 ` ' ' 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 Eviden :e;of wddhfe use ;. " ' 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 A CS+fl r ? c Grandrier -7 f / 32 ?nry ? Ggreet? u g,enrier Ja i ? . t°:7omotla .. Er F „ Ivry ? ? ? {i kd ? °?ales Fro nd ? _ ? °Reg I ~ I Gr ?? rc,k f ?6ates Crczk Plea'sartf T?faSey ? mood 69 i ? t _ aTerenz ,? . oP=acMrze j +mr ,I 1 _ or i? /? 1? ? lu{ssmno ? '?SITE II ' 79 ? eta im J `y 5~ ' ' 1 I fir" Z BI'd55tD Yf7- f1 +. _ [ ? o ? 89 f,, a6k3rtins C-? " 'c I 2 G km l.g 1.5 mi ? O2liG3 Yahon?bc_ 1 A+iaa?Nxuiyalcoro 7.?reMmWo ?s .?? LOCATION MAP ACE HARDWARE CHEROKEE COUNTY, NORTH CAROLINA / ?a1 /r J ? n0' ,? 1N Bg? K1 9 5 i ?/ ? ? ?? L 51 \ i'n r r? .,J U ! 1i 1- x75'( TOOL RENTAL 18' RI cP X f 1 16 1 ? ? a-t t '• :' ti -•z u- t J I \ x Aj?j ORP \ a 1 . fi ? t ?aRON tOlr 5-x)12'W Ri?P,RAR-XAPRON 6LX 4 iv i CCITED GRAS \ ACCESS ROAD (14?\ 1"0 R7 10X ?? RIP RAP APRON blx4'x101 LAND USE RESIOcLok MAV?,- SITE PLAN SC L' 1" = 8 0' LEGEND - X ?- - CHAIN LINK FENCE n CHANNEL DESIGNATION E ,r}NCTION BOX YARD INLET OR GRATE INLET FLOW ARROYO PROPERTY UNE OUSTING SANITARY SEWER MANHOLE ^? EpSMG UTILITY POLE ?,?---? 5LT MA-E WILANDS (TO BE \EMFIED BY CORPS) f > S TO BE WACTfD SINCWR a: ASSOCIATES. PLLC E p pN X513 DUNCAN. SCA 29334 (864)949-09B1 FAX (854)949-1911 l.. ? rn [8p? V 7W ?WW pp;; 011 m C9 ay? ? p 3S ai $ z E? F, N 5vZ1 rA ILI ? 11.E \ X O 113 ? ? ??'a? ?•???`?\ ?? ? waif ,Fi.??yT ¢,• ?ry? `T?.,• '.:c?_?„?-°? p 11 25%??:.?'?... 6_ + r ?? X0.1 LLI ' ? ? N 25 1 \ \ Off`` ?\ `i?? 7` i• \ '`f). X?.T',- - U? / :(4 16 1i, ,?,', .?1 •xi`d ,S? - 1f SNP LL I < rn 3Nrn HON 0 33 ?; 1 'J? (J W p w 22 m? O 'a 00 i a: W IZ O 1 11 t• ? , \ , • . ''' ? ?r / ,- p 25 p0' /? Z5 0 ?g 00 0 5 p0, p 111 ? 11 111. F-I t , .?• ? 5 x, ,- I " tt od %0 171 k-17 x j, RIH \ \ I -; ;1, l ?, o cr_ a5 0 1. \14 ?.1111 LLJ ,? ,?\? 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P 4 (L v 153 1 - ?. ? ? ?y / 1 , 9i?^- 0 u r -/' w / r ???-? -tl 1!? 11 C ??' r r i% `? %??/ ? /r ,y // / i/ ? ;? /"???-?`'--J ? 19 ?;1 ???< -771 rtlJ- f ? / '. l"? / ,?k -!.-' , ?? i 4i-\ f\?1 I ; r, `,, V, , ! r Al 34 `/ -17 Ma (tD /l x lv-iO \j, G= 'YO f 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