19970978 Ver 1_COMPLETE FILE_19960903

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor AdMbMdMbWdft
Wayne McDevitt, Secretary ID E H N FI
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
Date -51611 V
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FAX NUMBER: $0- 3
FROM: ? Go l we C ?t/G 49"11?
PHONE: I l 61-- 73 3- 17 9'6
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Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
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16
Vegetative plantings
The use of native vegetation is desirable since native species are non-invasive and they reduce velocity, protect
banks from scour and have root systems which create bank support. Vegetation also contributes organic matter and
provides shade to protect aquatic life. Shading helps reduce water temperatures and enables higher levels of
dissolved oxygen to be held in water.
In addition to establishing bank vegetation for shading, plantings should be placed on the erosional side (or
outside curve) of streams where velocity is greatest. Vegetative plantings dissipate erosive forces and hold sediment
in place. Plants most effective for bank stabilization have deep roots, low growth fors, dense branching patterns
and are resilient under pressure such as flooding. It is desirable to have at least a 25 foot width of bank vegetation
where feasible.
When replanting of banks is required, there should initially be 400 trees per acre with a total of 320 after 3
years (80% survival rate). Trees planted should be large enough (several feet in height) to ensure that they wont be
scoured away during adverse weather.
The following is list of desirable plants for streambank stabilization:
?V
7T
Plants Commonly Used for Streambank Stabilization r Bioengineering Techniques
Common name Botanical name Comments
Woody plants
River birch (upper bank) Betula nigra Grows well on upper bank areas.
Green ash Fraxinus pennsylvanica Grows 50 to 60' in height.
Silky dogwood (lower
bank) Cornus amomum Great wetland planting potential - stick in the
ound and it grows.
Hazel-nut Corylus americana Although not a wetland plant, does well in
wetland situations.
Tag alder Alnus serrulata Widely used, low owing.
Pawpaw Asimina triloba Understo shrub - can et u to 15 or 20' tall.
Elderberry Sambucus canadensis Grows easily, dies back eve winter.
Buttonbush Cephalanthus occidentalis Grows well in water, small shrub
Black willow (lower bank) Salix nigra Good at becoming established, will root easily,
good lateral root growth for stabilization.
Beauty berry Callicarpa americana Naturalized species, 3-4' tall Will grow in
moist bank, may be hard to find in nursery.
Herbaceous plants
Common name Botanical name Comments
Duck potato or Arrowhead Sagittaria latifolia or
Sagittaria spp. Grows effectively in wetter areas. Good
stabilization potential..
Arrow arum Peltandra virginica Similar to duck potato.
Pickerel weed Pontederia cordata Can be used in deeper waters and as stream
edge species.
Rose mallow Hibiscus moscheutos Can be used on banks where you don't want
tall vegetation.
Blue flag iris Iris virginica Show iris flower. May be later divided.
Sedges, Rushes Carex s pp, Juncus spp -1 Can withstand some inundation....
* Alnus and Myrica are able to fix Nitrogen atmospherically. High levels of N have been found in Alnus where
leaves of Alnus have had 4 times the nitrogen as those of other deciduous trees.

LIST OF NURSERY SOURCES
Nursuries supplying Aquatic and Wetland Plants for the Southeast
List compiled by HARP for 1996
1. Emerald Coast Growers
7400 Klondike Rd.
Pensacola. FL 32526
[phone] FAX [phone]
2. Environmental Concern
210 West Chew Ave.
P.O. Box P
St. Michaels. MD 21663
[phone] FAX [phone]
3. Flowerwood Liners
P.O. Box 369
Loxly, AL 36551
[phone] FAX [phone]
4. Hoffman Nurserv
5520 Bahama Rd.
RouQeniont. NC 2757)
1-800-203-8590
919-479-6620 FAX [phone]
5. Kurt Blueme? Inc.
_2740 Greene Lane
Baldwin, NfD 21013-9523
301) 557-7229 FAX [phone]
6. Maryland Aquatic Nurseries Also check (same family owns):
3427 N. Furnace Rd. Charleston Aquatic Nurseries
Jarrettsville, MD 21084 3095 Canal Bridge Road
(301).557-7615 FAX [phone] John's Island.. SC 29455
(803) 559-31517.
7. Okefenokee Growers
P.O. Box 41,88
Jacksonville, FL 32201
[phone] FAX [phone]
8. Pinelands Nursery
323 Island Rd.
Columbus, NJ 08022
[phone] FAX [phone]
9. Plants for Tomorrow
16361 Norris Rd.
Loxahatchee, FL 33470-9430
1-800-448-2525
[phone] FAX [phone]
25

V -
Sources of Plant Material Native to North Carolina
Note: The listing does not constitute an endorsement.
Niche Gardens Little Snow Creek Nursery
1111 Dawson Rd. Route 1 Box 281
Chapel Hill, NC Danbury NC ` 27106
Phone [phone] Phone [phone]
e-mail: [e-mail] Contact: Mr. Roy Robertson
web: http://www.nichegdn.com
Greensboro Shrub Nursery Tarheel Native Trees
4514 Burlington Rd. 4339 Peele Rd.
Greensboro NC 27405 Clayton, NC 27520
Phones: 1-800-849-4514; Phone: [phone]
[phone]
North Carolina Forest Service
NC Division of Forest Resources
PO Box 27687 `
Raleigh, NC 27611
Phone: [phone]
State Nurseries:
Claridge Nursery
762 Claridge Nursery Rd.
Goldsboro, NC 27530
Phone: [phone]
Edwards Nursery
710 Sanford Dr.
Morganton, NC 28655
Phone: [phone]
Linville River Nursery
PO Box 70
Crossnore, NC 28616
Phone: [phone]
Other Information may be available from:
North Carolina Botanical Garden
University of North Carolina
CB # 3375 Totten Center
Chapel Hill, NC 27599-3375
Phone: [phone]
A#/ItWINDSORIAUGHTRY COMPANY
Real Estate Development, Investment and Management.
September 15, 1997
Mr. Eric D. Fleek
Water Quality Certification Program
State of North Carolina
Department of Environment,
Health and Natural Resources
4401 Reedy Creek Rd.
Raleigh, N.C. 27607
Dear Mr. Fleek:
.%VEIVED
SEP 171.V
In response to your letter of September 5, 1997, our engineer, Bill Lapsley, is in contact
with several public trust organizations about taking the wetlands portion of these lots.
As soon as we have a response from them, we will notify your office. I must tell you
that none of them are showing much interest. At the very least, we will set this land
aside for wetlands preservation when we record the plat for these 2 sections.
I have discussed this with Pete Colwell as recently as last week. Let me assure you we
are serious about complying with our agreement. I am attempting to keep Paul White
and Pete Colwell informed every step of the way.
If you have any questions, please don't hesitate to give me a call.
Sincerely,
Drew Norwood
Executive Vice-President
P.O. BOX 16449 STATION B GREENVILLE, SOUTH CAROLINA 29606 864/271-9855 FAX [phone]

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WINDSOR/AUGHTRY COMPANY
Real Estate Development, Investment and Management.
September 11, 1997
Paul White
Water Quality Control
59 Woodfin Place
Asheville, N.C. 28801
Dear Mr. White:
C!?
a ?..d 5
w?This is to confirm our conversation of September 11, 1997. 1 have been advised by
Plant Finders Nursery that we should not plant the Alders and Black Willows your office
specified in the ditch at Southchase Subdivision until February or March. You indicated
that it would O.k. with your office for us to wait until that time. I am investigating if there
is a preferable time to plant the wetlands mix and will discuss with you what I find out.
If you have any further information, please let me know.
Sincerely,
4'al Drew Norwood
Executive Vice-President
FAN/jb
itoE?t4?
%4?9?
s
RECEIVED
SEP 1 `7 1991
WATER QUWC SECIPION
EM,
Nam

SEP 1 2 ? 1.
P.O. BOX 16449 STATION B GREENVILLE, SOUTH CAROLINA 29606 864/271-9855 FAX [phone]
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5 .?4,M ,y,q ,?'
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. F. A. Norwood, V. P.
Windsor-Aughtry Company, Inc.
P. 0. Box 16449
Greenville, South Carolina 25606
LTXXA
4••
ID EHNFI
July 8, 1997
Henderson County
DWQ Project # 92725 & 95771
Re: Notice of Violation of the 401 Water Quality Certification for Windsor Forest and
Southchase Subdivisions
Dear Mr. Norwood:
The Division has reviewed the June 6, 1997 proposals from your engineer to resolve the
401 Water Quality Certification violations for Windsor Forest and Southchase Subdivisions in
Henderson County, NC. The corrective measures outlined in the proposals are generally
acceptable to the Division for the resolution of the 401 violation. Listed below are the Division's
comments and concerns related to the proposals.
Southchase Subdivision
1. The application for the stream crossings on Woodhill Drive and any other impacts should also
be made to this office for the appropriate 401 Water Quality Certification.
2. You also have lots 187, 188, and 189 of Section 6 listed as needing authorization, yet these are
also lots that are included in the proposal for preservation of the wetlands. Please explain.
3. For the proposal to reseed and plant trees along the "excavated drainage channel", is there a
way to get an agreement from the individual property owners to prevent them from cutting the
trees in the future.
4. If an agreement is reached with the adjacent property owner that will allow you to construct a
wetland biofilter at the end of the drainage channel, the plans for this work should be submitted to
the Division for review prior to construction.
5. The Division also recommends that the wetlands on lots 187, 188, 189, 263, 265, 267, and
269 (2.06 acres) which are to be preserved, be taken out of the individual deeds and consolidated
into one property to be donated to a public trust organization for future protection.
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/i 0% post consumer paper
Windsor Forest Subdivision
1. The Division agrees with restoration efforts for the stream and adjacent wetlands. Please
identify the plant species in the special wetland mix that is to be used for seeding the disturbed
areas.
2. Again, the Division also recommends that the wetlands on lots 95, 96, 97, 99, 100, 103, 104,
105, and 106 (3.68 acres) which are to be preserved, be taken out of the individual deeds and
consolidated into one property to be donated to a public trust organization for future protection.
Mike Parker with our Asheville Regional Office has indicated that he can assist you with locating
several such organizations in the Asheville area.
Again, your cooperation in resolving this violation in a timely manner is appreciated. We
look forward to working with you in carrying out your corrective measures to bring these
violations to a close. Should you have questions about this action please contact Paul White or
Mike Parker at the DWQ Asheville Regional Office [phone] or myself at [phone].
Sincerely,
Peter Colwell
Water Quality Certification Program
cc: Central Files
Paul White, Mike Parker, DWQ Asheville Regional Office
John Dorney, DWQ Raleigh Central Office
David Baker, USACOE Asheville Field Office
Jill Hickey, NC Attorney Generars Office
William Lapsley, Lapsley & Assoc.
Schase&winfor.vio
07107/1997 15:08 7042516452
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Asheville Regional Office
PAGE 01
+ i
HNIZZ
WATER QUALITY SECTION
July 7, 1997
MEMORANDUM
To: Pete Colwell
Wetlands and Aquatic Plants
PROM: Michael R. Fcgrional >r 040
Paul White
Asheville R office
SUBJECT: Comments Regarding Mitigation Plan
South Chase Subdivision
Windsor Forrest subdivioion
Henderson County
Paul and. I have reviewed the mitigation information
submitted by Mr. Bill Laps,ley on behalf of Mr. Drew Norwood who
is the developer of both subdivision's. our comments are listed
below:
South Chase subdivision
If trees are planted on Bach side of the long ditch, what will
prevent the individual property owners from cutting them down in
the future? Is there any way to get an agreement or deed
restriction from each property owner to prevent the cutting of
these trees?
If an agreement is reached with the adjacent property owner that
will allow Mr. Norwood to construct a wetland south of the
property to treat stormwater, construction plans of this wetland
and associated apecies should be submitted to nwQ for approval..
Interchange Building. 59 Woodfin Place FAX [phone]
Asheville, North Corollno 28801 C An Equal Opportunity/Aflim-nWe Action Employee
Voice 704-251-6208 N%4 50% recycles/ 10% post-consumer paper
07/07/1997 15:08 7042516452 PAGE 02
Pete Colwell
tIUly 7, 1997
Page Two
It is recommended that the wetlands adjacent to U. S. Highway 25
be consolidated into one wetland, approximately two acres,
instead of the wetlands being owned by individual property owners
as the site plan presently indicates and this property be given
to a group like the Trust for Public Lands or the 21isha Mitchell
Audubon Society, Inc.
Windsor Forrest Subdiaivion
Please indicated the type of plants to be used in the wetland mix
indicated in the June 6, 1997 letter to John Dorney.
If you have questions, please calf. Paul White or me at 704/251-
6208.
r
William G. Lapsley &, Associates, P.A.
Consulting Engineers and Land Planners
1635 Asheville Highway
Post Office Box 546
Hendersonville, North Carolina 28793
704-697-7334 • FAX [phone]
June 6, 1997
Mr. John R Dorney
Water Quality Certification Program
NC Division of Water Quality
PO Box 29535
Raleigh; NC 27626-0535
Re: Southchase Subdivision
Henderson County
DWQ Project No 92725
Dear Mr. Dornev:
William G. Lapsley, P.E.
Gary Tweed, P.E.
John ]3. Jeter, P.E.
John Eoheverri, P.E.
Philip Ward, L.S.A.
Reference is made to your letter dated April 7, 1997, which
transmitted a Notice of Violation of the 401 Water Quality
Certification for the above referenced project.
In response to your concerns we offer the following comments:
1. Attached, hereto, is a plan of the entire development
which shows the stream crossings, wetland areas impacted
and structures.
2. An on-site meeting was held on Thursday, May 1,, 1997,
with Mr. Pete Colwell, Mr. Mike Parker, Mr. Paul,White
and Mr. F.A. Norwood to discuss the wetland violations
identified in the Notice of Violation. It was agreed
that a second meeting with the U.S. Army Corps' of
Engineers would be required to develop a, plan for
corrective measures.
3. On Friday-, May 9, 1997, a meeting was held on the.project
site with Mr. David Baker (COE), Mr. -Paul White (DEM),
Mr. F.A. Norwood (Winds or-Aughtry), and the writer (W.G.
Lapsley) The meeting included a walk through of the
wetland impacted areas. It was agreed that the-following
corrective measures will be taken by the developer:
a) Application for stream crossings at Glen. :Springs
Court and Springfield Court will not be made due to
the U.S. Army Corps of Engineers confirmation by
telephone on August 2, 1993 that it would not be
required (see attached Exhibit 1).
??a Printed of Recycled Paper

Mr. John R. Dorney
June 6, 1997
Page 2
b) Application for stream crossing on Woodhill -Drive
and (Section 4, Lot 114, Section 3 Lot 8'4` and
Section 6 Lots 187, 188 and 189) will be made to
the U.S. Army Corps of Engineers.
c) The excavated drainage channel between Section 2,
3, & 4 of the development will be reseeded with a
special wetland mix approved by the COE.'' Wetland
specie trees (Alder, Black Willow, etc.`) will be
planted at 5 foot intervals along both sides of the
channel bank. (See attached plan Exhibit #2)
At the end of the channel the developer: will
negotiate with the adjacent property owner to
construct an overflow pipe installation to create a
new wetland area in an existing field.
d) The area shown on the as-built plan (Exhibit #2)
will be (±2.06 acres) preserved as dedicated
wetland by deed restriction. A copy of the
language, included in the deeds for Lots 187, 188,
189, 263, 265, 267 and 269 is attached. (Exhibit
#3)
The location of all of these measures are shown on the
attached plans.
If you have any questions or concerns about the steps that are,
being taken please feel free to ontact our office.
Si ce
William G." L s e , •E
WGL/ds
cc: Windsor-Aughtry Co.
David Baker, COE
Paul White, DEM
?? .,? _
?,
4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 29, 1993
IN MGF'LT Mttth 1 V
Regulatory Branch
EXAJW#
Action ID No. 199300946 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. F.A. Norwood
Windsor Aughtry Company, Incorporated
Post Office Box 16449
Greenville, North Carolina 29606
Dear Mr. Norwood:
Reference our February 12, 1993 permit authorizing less than 1/10 of an
acre impact on an unnamed tributary to Cane Creek for the purpose of
developing a tract of land on Section I of the Southchase Subdivision. The
site is located just south of Fanning Bridge Road, near Fletcher, in Henderson
County, North Carolina. Recently, we received a second application from you
(dated June 15, 1993) to develop a second tract of land for Section II of the
Southchase Subdivision. This tract is adjacent Section I. Approximately 0.07
acre of headwater wetland and stream channel will be impacted by Section II.
This brings the total impact on stream channel and wetlands to 0.16. This
project has been coordinated with the NC Wildlife Resources Commission (WRC).
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
VJ Your work is authorized by this NWP provided it is accomplished in strict
t1 ? accordance with the enclosed conditions and provided you receive a Section 401
VA water quality certification from the North Carolina Division of Environmental
Management (NCDEM). You should contact Mr. John Dorney, telephone (919) 733-
?l
(?? l +,, ,y 11786, regarding water quality certification. This NWP does not relieve you of
1"a ?Iv`I?1' the responsibility to obtain other required State or local approval.
?jt ? ,J? This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP,

htPLlATHCE HTLA+vpC RRCN-4TTON5
n Fc
AcCOrdallce With ntla IS NCAC 2a .0500, the following DZED RESTR.1CT1oN.5 A<YD
;a.?OTEC?'2"VE COYENANTS shall be recorded in the county County Roguery priar to the
llrvcyanco of lots. Said Deed Resaiedons and Protective Covenants sha.U apply to dame of
.subdivision, lot numbx5 i» county County, North CU01inR as shown an puns titled of
?'ubdivislon plan prepared by name of dasigner•dated date:
"A portion of this tot has been dotercnirted to meet the requirements for
dssigaadon as a regulatory wetImId. Any subsequent fill or aiceration of
this wetland shall conform to rho requiramoats of state wetland roles
adopted by the State of Worth Carolina in force at the time of the
propoicd Ore-ration. De intont of the (!eed striction is to prevent
aMitional wetland RII, so the propOny owner should not assume that a
future,applicttdon for fill wakapa Ott will be approval. The properly
owner shall report. the , name of the subdivision, in any application
pertaining to Said wetland rules. Tk4a covGnstn is iniendod to ensure
conduued compiJozeta Frith wetland rules adopted by the State of North
Carolina and therefore benefits may be enforced by tha Stato of Nortb
Carolina, This covenant is to run with the land and shall be binding on
all parties and all persons claim iq under-thorn."
0w-per's name
address
clty, state
Phone: (#f##) phone no.
(cignatltte)
Sr''ATE OP NORTH CAROLCI?4
Comm OF UYrY
a rotary Fublio Of the State of North Carolina, County of county,
hereby certify that owner personally•appeared bofore tae this day and executed the above
c0-6 ication.
Witness my hand vd notarial seal, this vim... day of _- 1995.
-My Commission expires
(Norary public)
deed=.mem
?hGGOL£698 'GPi ;ddb 00 AKHMV/ OSCNM WV 6b:ea RRI Le-30-?aet
S9L,'ta89yAZ ?•N '0? .IJiH`_nHi2losaNIM LIW ?c•G .. _ --

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes & Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
[D FE F=1
April 7, 1997
Henderson County
DWQ Project # 92725
CERTIFIED MAIL, RETURN RECIEPT REQUESTED
Mr. F. A. Norwood, V. P.
Windsor-Aughtry Company, Inc.
P. O. Box 16449
Greenville, South Carolina 25606
Re: Notice of Violation of the 401 Water Quality Certification for Southchase Subdivision
Dear Mr. Norwood:
On January 26, 1993 you were issued General Water Quality Certification No. 2732
authorizing 0.02 acres of stream impacts for a road crossing needed to develop Southchase
Subdivision off Fanning Bridge Road near Fletcher, NC. This certification was issued only for the
impacts associated with the road crossing at Souhchase Drive and Southwood Court and
contained additional conditions that stream fill on the adjacent lots (9, 10, and 11) was not
authorized. The certification further requested additional information on the rest of the
development before another 401 certification would be issued.
Paul White from the Division's Asheville Regional Office made a compliance site visit to
Southchase Subdivision on January 10, 1997 and raised some concerns over additional impacts to
waters of the State within the Subdivision in a letter to you dated January 24,1997. In a response
letter from your consultant, Mr. Gary Tweed of William G. Lapsley & Assoc., it was stated that
no other surface waters were observed that would require further authorization from the US
Army Corps of Engineers or the State Water quality Certification Program.
On March 18, 1997, Mike Parker from the Division's Asheville Regional Office, Pete
Colwell from this Office, and myself made a site visit to Southchase Subdivision. We found not
only a violation of the January 1993 certification, but also a number of additional stream
crossings, stream channelization, and wetland fill along Cane Creek. Along with the stream
crossing at Southchase and Southwood, another 150-200 feet of the stream was culverted for lot
fill. There are additional stream crossings at Glen Spring Court and Springfield Court. Below
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Telephone [phone] FAX # [phone]
500/6 recycled/10% post consumer paper
.- -4?.
Springfield Court the two streams are channelized through the rest of the development. Off US
25 there is another unauthorized stream crossing and up to 0.5 acres of wetland fill along Cane
Creek.
The Division requests that you CEASE AND DESIST any further unauthorized activities
in waters or wetlands of the State. Continuation of the unauthorized activities may result in civil
penalties or other legal action against you. In order to resolve this matter you are requested to
respond to this letter within 10 days as to your intentions and actions to resolve this matter and
abate continuing violations. The Division also requests as built and proposed plans for the entire
subdivision showing all stream crossings, wetland impacts, and,proposed structures. An on site
meeting with you or your representative and the USACOE will likely be needed to resolve many
these issues. By copy of this letter the Division is requesting that the USACOE also review this
project and place any pending applications for this project on administrative hold until this
violation is resolved.
Your cooperation in resolving this violation as quickly as possible is appreciated. Should
you have questions about this action please contact Paul White or Mike Parker at the DWQ
Asheville Regional Office [phone] or Pete Colwell or myself at [phone].
Si erely,
R. Dorney
r Qua lity Cert' tion Program
cc: Central Files
Paul White, Mike Parker, DWQ Asheville Regional Office
,Pete-Colwell; DWQ Raleigh Centrai,'Office:
Steve Chapin, USACOE Asheville Field Office
Gary Tweed, W. G. Lapsley & Assoc.
Jill Hickey, NC Attorney General's Office
Sthchase.vio
DIVISION' OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
DWQ Investigator: Ml -K, ?rt? ? l /'c 6d(wel DWQ # q2 7,Z5
Date : 3 181617 Time: I1
' A4
00' Regional Office: County: ?eodeP3;d
Project Name: S?PU ?I?t?UIQ S S? v;
Permittee: ?i l/IGtS av ????J7? y COa 44 G,
Location of Project: 0(r ra n i ?. ?j???y 4 u/e5 f ® ?s 2S
Type of Development Authorized: kes JC47 i-a / S C, ? di V,
Type of Permit / Water Quality Certification: Ntt/ / q / 7-732-
Type of Impact: Road 6wb 1 oi-7 , lei 6-11
Wetland Type and DWQ Rating:
Nearest Stream: 046exffff Basin/Sub.:
Distance of Wetland Impact from Nearest Surface Water: d- SOf
Specific 401 Conditions: 40 Fl-k 011 lot ?, lU `l /I yC't?s Fdy
Is project in compliance with all conditions: Y /
Comments / Description:
i c
? V' o(?V'2 l o /QPy? ? ?t s ?v^eo? ? ? ?i ?r ? P l
C, ;t lof
I-e_P Y' l d4ch
rWV4 4?e? road
S?yfary? 14"t4 J4 Gl©?ZO/ Ga(a e ?il>' 2P?Il
q57-7
Is there a violation of the 401 Certification authorization ? re5 2Cdp
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
Signature: Date:
3/iS/9 7
DWQ 12/96
ENFORCEMENT
1. Is there a previous history of 404 / 401 activity on the property? l ?D
If so, give any details:
Nature of Violation (fill, excavation, etc.):??????? Fi lea l?Da ??ss?c?s
Acres:
Wetland Rating (if possible):
Significant uses impacted: LUofe, Std kn9ei 4&l/u fa n ?-e -4- o j?W- /
ll?te,
Were downstream uses impacted? lve5
Could- the impacts have been avoided or significantly minimized?
?PS
Could the activity have been authorized?
Aja
Is restoration or mitigation appropriate for the unavoidable impacts? KPS
Staff Recommendations for Future Action: 5 em/

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From:
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North Carolina Department of Environment,
- Health, and Natural Resources ?9
? ?(J Printed on Recycled Papei
QU-
isa
State of North Carolina
Department of Environment,
A,I,F
Health and Natural Resources 4 • •
Division of Water Quality
Ja mes B. Hunt, Jr., G ove mor
Jonathan B. Howes; Secretary p FZ=y
A1`sJ F=1
. Preston Howard, Jr., P.E., Director
May 12, 1997
Henderson County
DWQ Project # 92725 & 95771
Mr. F. A. Norwood, V. P.
Windsor-Aughtry Company, Inc.
P. O. Box 16449
Greenville, South Carolina 25606
Re: Notice of Violation of the 401 Water Quality Certification for Windsor Forest and
Southchase Subdivisions
Dear Mr. Norwood:
This letter will serve to summarize our onsite meeting with Paul White and Mike Parker of
the DWQ Asheville Regional Office on May 1, 1997. The purpose of the meeting was to examine
the stream and wetland impacts and discuss resolution of the Notice of Violation issued to you for
the Southchase and Windsor Forest Subdivisions off Fanning Bridge Road near Fletcher, NC.
At Windsor Forest we found that approximately 350 feet of stream had been channelized
and rip rapped around the road crossing and along the sewer line. We also determined that it was
very likely that wetlands adjacent to the stream on the north side of Tulip Tree Court had also
been filled with the installation of the sewer line and the road and that wetlands on lot 103 also
had been impacted. As we discussed in the field, you will need to have the US Army Corps of
Engineers determine the extent of the wetlands and wetland impacts on the project before we can
sort out the corrective actions that need to be taken. You had indicated that you would put
conservation easements on the remaining wetlands along the creek as a means to mitigate for the
impacts to the wetlands, but this was required by the original 401 Certification and will not fully
offset the impacts on your project. It is likely that some stream and wetland restoration will be
required.
At Southchase Subdivision, we found a number of impacts not authorized by 401 Water
Quality Certifications, including three additional stream crossings, a large ditch carrying the flow
from two small streams, and a large road crossing with wetland fill along near US 25. I am not
convinced that there was not some stream channelization and other impacts associated with the
large ditch through the lower part of the subdivision. However, I also realize that it would be
very difficult to do any restoration along the ditch because of the large numbers of individual'
property owners involved. At the construction entrance road crossing off US 25, we estimated
that as much as 0.5 acres of wetlands may have been impacted by fill.
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal CpporturAy AHimkitlve Action Employer 50% recycledt10% post consumer paper
Several measures were discussed as potential mitigation for the wetland and stream
impacts in Southchase. You offered to remove the lot fill near the US 25 road crossing and
dedicate the wetlands on lots 188, 189, and 263 to 270 as a conservation area prohibiting future
development. We understand that without this protection these wetlands could be threatened by
future development along US 25. We also discussed the planting of trees and/or shrubs along the
main ditch to provide shade and some habitat value. And finally we discussed the construction of
a stormwater pond or wetland biofilter that would treat the subdivision runoff before it enters
Cane Creek. I have enclosed some examples of these. The Division feels that the above measures
would reasonably offset the water quality impacts created by Southchase project.
In order to keep our files up to date and to adequately monitor the above projects, the
Division requests as built and proposed plans for the entire subdivisions showing all stream
crossings, wetland impacts, and proposed structures. We look forward to receiving the
information on Windsor Forest and your plans to mitigate for the impacts at Southchase.
Your cooperation in resolving this violation as quickly as possible is appreciated. Should
you have questions about this action please contact Paul White or Mike Parker at the DWQ
Asheville Regional Office [phone] or myself at [phone].
Sincerely,
Peter Colwell
Water Quality Certification Program
cc: Central Files
Paul White, Mike Parker, DWQ Asheville Regional Office
John Dorney, DWQ Raleigh Central Office
David Baker, USACOE Asheville Field Office
Jill Hickey, NC Attorney General's Office
Sthchase.vio2
~" 1
OEM ID; ?-z7z?
ACTxON ID. FoRm NATIONWIDE PERMITS TJHATORRQUIREINT
'TORTHE DI*TRICT ENGINEER
NAZ`IONHIpE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCUHRRNCC
NATIONWIDE PERMITS THAT HEQUIRE INDIVIDUAL SECTION 401 CENTIFICATION
WILMINGTON DISTRICT ENCINEER
CORPS OF MiGINkEEE;S
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINUTON, NC 28402-1890
AT<TN: CESAW-GO-E
Telephone [phone]
WA'T'ER QUALITY PLANNING
DIVISION Or E:NVIti(NHENTP
NC DEPARTHwNT OF ENVIRON
AND NATURAL RESOURCE
P.O. BOX 29535
RALEIGH, NC 27G26-0535
AT1`N: MR. JOHN DOit y
Talpphonc [phone]
f
nFC 1 419x2
ONE (1) COPY OF THIS COMPLETES) APPLICATION SHOULD BS SENT TO TR C?
ENGINEERS. SEVEN (7) 0()kIES SHOULD BE SEOT TO TFJE N.C. VIVISLUrl UP
(ENVIRONMENTAL MANACEMEN'P. FLFA E ANT,
OWNERS NAME:
? N G 1c1- IZ'? ?-r. F? ??n+ 1 , ?r ? .
V '. OWNESiS ADDRESS; 40 . ['fox 1 G, 444
13. OWNERS PHONE WUMBE4 (HOME): (WORK) f . 001=9P a0 5
A4. IF APPLICABLE; AGENT'S NAME OR RESPONSIBLE COR;RATE OFFICIAL, ADDRESS,
PHONE NUMBER: f- . (A _ 11 .
5. L
OCATION QI, PLAr NSD RORX (ATTACH MAP). .
COUNTY:
NEWST TOM OR CITY1- ?,??, ltd..
SPECIFIC Lt7(%ATION (INCL E RAlI(] tJ11MRmRa r h?{nMn?YO mvn
? 6.
v--""7.
NAME 0? CLOSEST STREAM/RIVER; ?v?+n?....x, `?'s ? r otor
RIVER BASIN: 71' e a
$. 10 THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED A& T=T, SA, NQW? ORW,
,/1(S It On wS II? YES f ] NO 1-3- -
v' 9. . HAVE ANY SRCTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES E ] NO I
IF XMI EXPLAIN,
10. ESTIMATED TOTAL NUMBER OF ACR S OF WETLANDS LOCATED ON PROJECT SITE;
fi).
2/3/92

-2-
NUMBE
UMEDR OF ACRES OF FWET A,N?D XMPACTED BY THE PROPOSED PROJECTr
VI:
DRAINRD: _
FLOODED; _.---. •?i!'?..._,,?,. ? ,: (,try
EXCAVATEDZ ,?•,? ? '"..
TOTAL. XMenC'IED : lid, 0.
+?. fir
V/12. DESCRIPTION OF PROPOSED WORK (ATTACH PL S): 14:?
V/ 13. PURPOSE Or PROPOSED WORK: .«B 24WI-f.r.ti+ r-
14. STATE REASONS WHY THE APPLICANT BELIEVES WHAT THIS ACTIVITY MUST BC
CARRIED OUT IN WETLANDS, ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED 09 PROPOSED FOS LISTING ENDANGERED OR THREATZNED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT 14AY 09 AFFECTED BY THE
PROPOSE) PROJECT. HAVE YOU DONE 307 YES ( I NO I I
RMPONSRS FROM THE USFWS AND/OR NHF3 SHOULD BE NtTACIIE4D,
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPQ) REGARDING THE PRESENCE OF HISTORIC PROPgR11103 IN THE PERMIT AROA WHICH
MAY BE AFFECTED Bx THE PROPOSED PROJECT?
HAVE YOU DOME 90? YF,R [ I NO ( I
RESPONSE FROM THE SHPQ SHOULD 89 ATTACHED.
IT. ADDITIONAL INFORMATION REQUIRED BF DEN:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAND ON
THE PROPERTY. ,
B. IF AVAILABLE, REPRESENTATIVC PHOTQnRAPH OF W8TLANV3 TO LIE; IMPACTED Or
PROJECT.
C. IF DELINEATION WAS PEHVORMED BY A CONSULTANT, rNCLUDE All DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMONT PLAN IS REQUIRED FOR TE1I3 PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTX?
v
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE; DISPOSAL,?
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State of North Carolina
Department of Environment,
Health and Natural Resources ` • 0
Division of Water Quality
Iomes B. Hunt, (r Governor
. ,:flat(1« l "ekiiy
A. Preston Howard, Jr., P.E., Director
Asheville Regional Office January 24, 1997
Mr. F. A. Norwood, V. P. 114*
Windsor Aughtry Company, Inc. x'12 y
P. 0. Box 16449
??
Greenville, South Carolina 25606 !Lrq??/FNo
Subject: Fill in Wetlands or Waters 49
Southchase Subdivision
DWQ Project No. 92725
Henderson County
Dear Mr. Norwood:
- ---On--January 10,-1997, as part of ongoing compliance
monitoring for 401 Water Quality Certifications, I made a site
visit to Southchase Subdivision. You received notification dated
January 26, 1993, that General Water Quality Certification No.
2732 covered fill in 0.02 acres of wetlands or waters at
Southchase Subdivision in a tributary to Cane Creek near Fletcher
in Henderson County. The notification further stated that fill
of the stream channel in lots 9, 10, and 11 was not authorized by
.this certification.
There has been further development which appears to have
impacted additional waters of the state beyond that authorized by
the January 26, 1993 acknowledgement of Certification coverage.
To address this concern, the Division requests that
information be provided showing all impacts to waters and
wetlands on the property. Please contact us by February 17, 1997
regarding this information.
If you have any questions, you may call me at 704-251-6208.
copy: John Dorney v
Steve Chapin
Sincerely,
VQw )()Wks- .
Paul R. White, P. E.
Environmental Engineer
Interchange Building, 59 Woodfin Place FAX [phone]
Asheville, North Carolina 28801 Naf C An Equal Opportunity/Affirmative Action Employer
Voice 704-251-6208 50% recycles/ 10% post-consumer paper
MEAORAND a O INITIALS-
[ > Reviewer
TO : John Dorney JAN 120 WQ Stzpv
Planning Branch Date: !
WE LANDS GROUP
SUBJECT: WETLAND STAFF REPORT AND RECOMiw
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
PERMIT_YR: 92 PERMIT-NO: 0000725 COUNTY: HENDERSON
APPLICANT NAME: SOUTHCHASE S.D.
PROJECT-TYPE: ROAD CROSSING PERMIT-TYPE: NW14
COE_#: DOT_#:
RCD_FROM _CDA: APP DATE _FRM_CDA: 12/14/92
REG_OFFICE: ARO RIVER-AND-SUB-BASIN-#: C/f&E QfLK
STREAM_CLASS : WS TV 0 4fo 3 0 Z-
STR_INDEX-NQ:
WL_IMPACT?:
WL_REQUESTED:
HYDRO_CNECT?:
MITIGATION?:
G - s-7 - 9
qN
D, DS-7 ?kR6S
(YIN
Y/C)
WL_TYPE : 6rKe,qr?
WL_ACR_EST?:L' N
WL_SCORE(#): 30
MITIGATION-TYPE:
MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: YYN
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS : q01 GEN&RAL PCRTIFIW,60& ftk A/I /!41 15 K[Ur Jlzi &46&176--
FILL wlDr# 1_S &.5T Kc--518tcTEb To AU4 A'96 6:P Pc? &-rmfL

PRoi-ec is IloT 90,f6 69o%,(,V& ONLY - r r `ffi yolv&s L 9E1- ?,frlAb
S TR&l*0i C144M IE L , T#1,5 lS em4 l of s wsr rl I1 C-mC -o fi
(,d 146 G t? W I LL U LT/ 7/I fr6-L Y &EFE cT G.d CV 69 ?E ?Tio?s dP QW 9_ SM609A?1,
cc: Regional Office
Central Files l-I` W
uV? IUD CMS/`
,G.S. or NWI map SKYLR1JD P 91/Y6l_
NWI wetland type
? Coastal Plain -- ? Sandhills ? Piedmont] Mountain
.rest stream name CA/C-- CRC--/<
:River Basin and sub-basin' d gO3d Z 11,59E611Cff BR 00
Stream index number 65?,-5-7-9 Classification LAS =?
land-area V, !V &#,5 PR0J6 a?res Wetland width -3 feet
Bbl/N.
rologicaily connected ? Hydrologically isolated
gered, threatened, rare species Ab#
Source (NHP, USFWS, other)
Adjacent special natural areas //b/t/c
Nearest road F1.5k/p6 lzo?fl?

Wetland type (select one)
? Swamp forest
? Bottomland hardwood forest
? Carolina bay
? Pocosin
? Pine savannah
? Wet flat
? Perched
? Shoreline
X Stream channel
? Salt marsh
? Brackish marsh
? Freshwater marsh
Bog/Fen BEiocv Pgarccr
? Vernal pool
f x 0.25 -

William G. Lapsley & Associates, P.A.
Engineering, Surveying and Land Planning
1635 Asheville Highway ?? ZS
Post Office Box 546
Hendersonville, North Carolina 28793
704-697-7334 • FAX 70,1-697-7333
TRANSM17TAL tliam G. l.apsleg, t'.fi,
W-Ilnnald 1_ Ilanlcy. 1'.li.
? Ma. nAcs,t.1..S.
/? /? oL-/y7 SIMYncy K I_RhtPaF}I on1, R.L.S
TO '(/ '•/ DATE G. Marcus Ilnttain, R.L.S.
f?o . i3o x 2?S3S -
PROJECT: l?r-,yC,•//,i5„?/???la,r7ii/?,S?wvp):tOJECT NO."
We Transmit:
( wrHerew_i_t:h
( ) Under separate cover
For Your: FR,
a
(,XApprova 1
( ) Review and Comment;
( ) Use
The Following:
641/ /51;t
#9
f1FC Ham,'.
1 4199Q
Copies Date Description
o..r r 'i?.c•aA-T.o...
Remarks:
y'09Ti?ai?wi 3'f
Copies to:
Sincerely, _
BY: Gi?iT?• "00'
"A
'?7?11Ur3w
? ar

l)1IM 10: ACTXON TA a -
JOINT AL'PLicATION FORM COR
NAT10fiRrONMTIpc FR OMITS FRETS THAT REQUIRE NOTIFICATXON TO THE nI$TRTCT ENGINEER
RMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCUHRSNCJ
NATIONWIDE PERMITS THAT nERUIRE INDIVIDUAL SECTION 401 MOTIFICATZON
WILMINGTON DISTRICT 200INEER WATUR QUALITY FLATINING
CORPS OF ENGINE RO DIVISION OP ENVIRONKNTAL MANAGEMENT
DEPAR MLNT or, THE RRMY NC IIEPAItT+?fENT OF ENVIAONM
P.O. BOX 1890 AND NATURAL Brizou3cEs M
WILMINOTON, P.O. BOX 29535
RAGEIGHt NC 27696-0535 41
Telephone [phone] ATTN: MR. JOHN Dom
Tal9phone [phone] n c 14 02
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BU, SENT TO THE CO iLANDS GROUP
ENGINE$RS. SEVEN (7) COPIES SHOULD RE SENT TO THE N.C. DIVISION OF WATER UALITYSECTION
ENVIRONMENTAL MANAGEMENT. PL SE RINT,
V/"`/1. OWNERS NAME: UG?s'r-R'? r+' PAiwt? , Mr r,
OWNEITS ADDRESS % ` D • -6erA kA±1
?.
V-'3. OWNERS PHONE NUMBE1t (HOME:): (WORK): '? 7
v`' 4. IF APPLICAHL&; AGENT'S WE OR RESPONSIBLE CORy?VTC OFF3CIAL, ADDRE531T
PHONE NUMBER I f- . a . i1.,e , - - , .
5. LOCATION or, PLAtNNSI) k(ORK (ATTACH MAP). ,
COUNTY: , ? „r,y?.a.,??,? ?
NEMST TOWN OR CITY i.
SPECIFIC LXATION (INCL E ROA11 urrMRFRa r htine,.nt,vv rnnn

NAME OF CLOSEST STREAWRIVER: uiv?OA..,_,c, `i?s .zaw.? «?'€ z
RIVER BASIN: 2s[ 4t 'moans
U. IS THIS PROJECT LOCATED IN A WflTWHED CLASSIFIED AS TROUT, 5A, IIQW? ORFl,
Ws I r On W9 II? YES L ) NO
U,/' 9. HAVE ANY SECTION 404 AERMIT3 BEEN PREVIOUSLY RCQUESTED FOR USE ON THIS
PROPERTY? YES E ] NO
IF XMI 9XPLAIN,
10. EsTINATED TOTAL NUMBER OF ACRF„S OF W9TLANDS LOCATED ON PRUJ&CT SITE;
2/3/92
f t,.
J /y 93 r ,