20041469 Ver 1_COMPLETE FILE_20070831

Q
TFR
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
September 20, 2004
DWQ Project # 04-1469
Transylvania County
Sylvan Resources, LLC
C/o Mr. Mark Ambtman
P.O. Box 190
Dacula, GA, 30019
Subject Property: Sylvan Heights
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Ambtman:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 111 feet of perennial streams for the ?urpose of constructing a residential
subdivision at the subject property, as described within your application dated August 26, 2004 and
received by the N.C. Division of Water Quality (DWQ) on September 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 Land Quality 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.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650..
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: httr)://h2o.enr.state.nc.us/ncwetlands
_ Ane hCarolina
Naturally
Mr. Mark Ambtman
Page 2 of 4
September 20, 2004
Amount Approved
(Units) Plan Location or Reference
Stream 111 (feet) PCN form and application materials
404/LAMA Wetlands N/A (acres)
Waters N/A (acres)
Buffers N/A (square ft.)
2. 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 molt 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.
3. 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.
4. 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.
5. 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.
Mr. Mark Ambtman
Page 3 of 4
September 20, 2004
6. Trout Moratorium
Construction in stream shall not occur during the typical October 15 to April 15 spawning period for
brown trout to avoid adverse effects of sediment on eggs and larvae.
7. Equipment Maintenance
All mechanized equipment operated near surface waters shall be inspected and maintained regularly
to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids or other toxic
materials.
8. No Impacts Beyond those in Application
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.
9. Deed Notifications
Deed notifications or similar mechanisms shall be placed o 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 40l/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.
10. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered. Existing stream dimensions (including the cross section dimensions, pattern, and
longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be
designed and installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-
established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed
correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must
be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it
shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
'*.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Mr. Mark Ambtman
Page 4 of 4
September 20, 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.
AWKlcbk
Enclosures: GC 3402
Certificate of Completion
Sincerely,
<4;
Al W. Klimek, P.E.
?l
cc: Mr. Mark Ambtman, Melrose Design Group, 56 White Oak Road, Arden, NC, 28704
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 041469Sylvan(Transylvania)401

!r

OL-1-fLit, C)
2V
® North Carolina Wildlife Resources Commission
Charles R. Fuilwood, Executive Director
MEMORANDUM
TO: Mr. Steve Chapin
U.S. Army Corps of Engineers, Regulatory Branch
and
Mr. John Dorney
Division of Water Quality, Wetlands/401 Unit
FROM: Dave McHenry, Mountain Region Coordinator, Habitat Conservation Section :?4
DATE: September 14, 2004
SUBJECT: Sylvan Resources, LLC Revised Nationwide 404 Permit Application
Sylvan Heights culvert crossings - UTs Aiken Mill Creek
Transylvania County, North Carolina.
Melrose Design Group, P.A., on behalf of Sylvan Resources LLC, requested a letter of concurrence
from the North Carolina Wildlife Resources Commission (Commission) for a 404 Permit from the U.S. Army
Corps of Engineers. The subject application is a revision of an incomplete application that was submitted
July 12, 2004. The revision includes additional stream impacts needed to construct the subdivision roads and
information regarding previous stream impacts on a portion of the tract that were permitted in 2001 for the
Walnut Hills Subdivision under the previous owners, Mr. Michael and Mrs. Miriam Steinberg, Prestige
Properties, Inc. We reviewed the revised application and visited the project area on June 23, 2004 during our
initial application review. Our comments are provided in accordance with provisions of the Clean Water Act
of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661-667d).
The applicant proposes placing three culverts in unnamed tributaries (UT) of Aiken Mill Creek to
construct roads for the Sylvan Heights Subdivision, which adjoins the Ridges at Walnut Hills Subdivision
near Brevard, North Carolina. Total reported impacts for the crossings would be 111 linear feet. The size of
the tract reported in the revised application is 253 acres. In 2001, approximately 144 feet of stream impacts
were permitted for two new culverts and one culvert extension (Action ID 200130538) for the Walnut Hills
Subdivision. The application indicated the tract was 252 acres in size. The companion 401 Water Quality
Certification (DWQ # 01-0312) specified, in part, that deed notifications or similar mechanisms for streams
and wetlands and associated 50-foot buffers would be placed on all lots. The Sylvan Heights Subdivision is
being proposed as a separate project.
Aiken Mill Creek is classified C Trout by the Division of Water Quality and it is not Designated
Public Mountain Trout Water. During the site visit, juvenile brown trout were found in this creek
downstream of the proposed crossing near SR 1110, Island Ford Road. Trout may also occur in the UT near
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 • Fax: [phone]
"Ok
r Sylvan Heights, revised Page 2 September 14, 2004
Transylvania County, UTs Aiken Mill Creek
the proposed crossing in the common area if habitat is suitable, but we did not confirm this. We anticipate
that habitat at the other crossing sites, which are higher in the watershed, is not suitable for trout. However, it
is our opinion that sediment from the proposed culvert installations may affect trout resources in downstream
areas if construction occurs during the trout spawning season.
Sampling was also conducted in the UT that flows through the tract and adjacent to SR 1103, Walnut
Cove Road. This creek has considerable amounts of siltation. No trout or any other fish were collected
upstream of the culvert crossing that accesses the western portion of the Walnut Hills subdivision next to lots
22 through 27. We would normally expect a creek of this size and in this region to contain much less silt and
a fish assemblage that includes sculpin, dace, and oftentimes trout.
The Commission is concerned about potential adverse effects of the proposed project on trout and
other aquatic resources in this drainage. Aiken Mill Creek and its tributaries are already degraded by
sediment from watershed disturbance, so we are concerned about additional sediment from the proposed
culvert installations and further watershed development. Cumulative impacts to streams in this watershed are
a concern because, as headwater streams, their quality has substantial bearing on the ecological health of the
entire watershed. However, we can concur with the issuance of a 404 Permit for this project provided the
following conditions, which we feel will help minimize the potential for resource effects, are attached to the
permit And adhered to:
1. Construction in stream and within the 25-foot trout buffers should not occur during the typical
October 15 to April 15 spawning period for brown trout to avoid adverse effects of sediment on
eggs and larvae.
2. To help protect habitat and water quality in streams in this watershed from cumulative effects of
development, vegetated buffers should be maintained along all streams on the tract. These
buffers and remaining lengths of streams should be conserved in perpetuity with a conservation
easement, deed restrictions, or similar enforceable instruments. We recommend implementing a
100-foot buffer on all perennial streams and a 50-foot buffer on all intermittent streams for
effective water quality protection, for stream shading, and for maintaining adequate wildlife
habitat corridors. We find the 60-foot vegetated buffer specified by the applicant to be
acceptable, though not sufficient to protect all riparian functions. Regardless, the buffer
protection should, as specified above, be recorded to supplement or implement the restrictions
that were required under the previously authorized stream impacts.
3. Adequate sedimentation and erosion control measures must be implemented prior to any ground-
disturbing activities to minimize effects on downstream aquatic resources. Temporary (e.g., rye
grain, wheat, millet) or permanent herbaceous vegetation should be planted on all bare soil within
15 days of ground disturbing activities to provide long-term erosion control. Erosion control
matting should be used in conjunction with appropriate seeding on disturbed soils in steep slope
and riparian areas. Matting should be secured in place with staples, stakes, or, wherever possible,
live stakes of native trees. Seeding with tall fescue should not be done in riparian whenever
possible because it inhibits the reestablishment of native vegetation.
4. Culverts that are less than 48 inches in diameter should be installed with 20% of the diameter of
the culvert placed below the level of the stream bottom to allow the accumulation of natural
stream bottom materials in the culvert and to facilitate aquatic life passage during periods of low
stream flow. Larger diameter culverts should be placed 1 foot below the stream bottom. These
measurements should be based on the main flow channel (i.e. thalweg). Partial burial of the
culvert in this manner also may require increasing the size of the culvert to meet flow conveyance
requirements. Where more than one culvert pipe or barrel is used, one pipe should be installed as
described above while the bottom of the barrel on the other/s should be higher so that only flood
flows can pass in them. This ensures adequate flow and water depth at the stream crossing in the
base pipe or barrel during low and normal flow periods.
,, 5. Under no circumstances should rock, sand, or other materials be dredged from the wetted stream
channels under authorization of this permit, except in the immediate vicinity of the culverts. In
stream dredging has catastrophic effects on aquatic life, and disturbance of the natural form of the
t
r,. Sylvan Heights, revised Page 3 September 14, 2004
Transylvania County, UTs Aiken Mill Creek
stream channel can cause downstream erosion problems. The natural dimension, pattern, and
profile of the stream above and below the crossings should not be modified by widening the
stream channel or changing the depth of the stream.
6. The culverts should be placed in a dry work area if possible. Sandbags, flexible pipe, or other
diversion structures should be used where possible to minimize excavation in flowing water.
Materials used for flow diversions should be removed from the stream bed after completing the
construction work.
7. If concrete is used during construction (e.g., headwalls), a dry work area must be maintained to
prevent direct contact between curing concrete and stream water. Water that inadvertently
contacts live concrete should not be discharged to surface waters due to the potential for elevated
pH and toxicity to aquatic life.
8. Storm water should be directed to buffer areas or retention basins and not routed directly to
streams.
9 Where riprap is placed for outlet stabilization, it should be limited to the stream bank below the
high water mark and vegetation should be used above.
10. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible at the
stream crossings. Native woody vegetation (e.g., rhododendron, dog hobble, and red maple)
should be reestablished upstream and downstream of the culvert crossings if vegetation is
removed during construction. This will maintain stream bank stability and provide canopy cover
over the stream. We encourage the reuse of native plants that must be removed for the roadway
alignment.
41. Heavy equipment should be operated from the bank rather than in the stream channel whenever
possible in order to minimize erosion and reduce the likelihood of introducing other pollutants
into the stream. All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels, lubricants, hydraulic
fluids or other toxic materials.
12. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
Thank you for the opportunity to further review and comment on this project. Pending availability of
field staff, the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
cc: Mr. M. Ambtman, Melrose Design Group, P.A.
FILE Copy
Office Use Only: o 4 1 9 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable".or "N/A" rather than
leaving the space blank.
1. Processing WETLANDS/ 401 GROUP
1. Check all of the approval(s) requested for this project:
Section 404 Permit AUG 3 0 2004
? Section 10 Permit
? 401 Water Quality Certification WATER QUALITY SECTION
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested:
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 (see section VIII - Mitigation), check here: ?
H. Applicant Information PA ?"BEN r WETLANDS/ 401 GROUP
. .
1. Owner/Applicant Information RECEIVED SEP 0 2,2004
Name: Sylvan Resources LLC
Mailing Address: P.O. Box 190 ECTION
Dacula. GA 30019
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent 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: Mark Ambtman
Company Affiliation: Melrose Design Group
Mailing Address: 56 White Oak Rd.
Arden NC 28704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 3 of 12 ,',,
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: Sylvan Heights
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):__
4. Location
County: Transylvania Nearest Town: East Fork
Subdivision name (include phase/lot number) Sylvan Heights (Phase 1)
Directions to site (include road numbers, landmarks, etc.): US 64 West thought Brevard, left
on US 276. Right on Walnut Hollow Road, property on Left side.
5. Site coordinates, if available (UTM or Lat/Long): 35 09' 39" N 82 46' 02" 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. Describe the existing land use or condition of the site at the time of this application:
Undeveloped mountainous terrain
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake):
9. River Basin: Savannah`
(Note - this must be one of North Carolina's seventeen designates
River Basin map is available at http://h2o.enr.state.nc.us/admin/map,.
Page 4 of 12
10. Describe the purpose of the proposed work: Access high ground for development
11. List the type of equipment to be used to construct the project:
Typical road construction equipment.
12. Describe the land use in the vicinity of this project: Residential. Undeveloped.
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.
USACE Action ID. 200130538 (Issued 4-9-01)
DWQ #01-0312 (Issued 4-30-01)
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional permits anticipated at this time
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
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
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***

* 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.sov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: N/A
Total area of wetland impact proposed: N/A
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Site
Number
(indicate on map) T of

I
Iype mpact* Length of
Impact
(linear feet)
Stream Name** Average Width of
Stream Before

Imp
act Perennial or
Intermittent?

(please specify)
Stream Crossing #1 Pipe 37 UT to French Broad 2-3 ft. Perennial
Stream Crossing #2 Pipe 37 UT to French Broad 2-3 ft. Perennial
Stream Crossing #3 Pipe 37 UT to French Broad 2-3 ft. Perennial

i I i I i I I
* 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.usgs.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., w-,vw.topozone.com,
www.mapquest.com, etc.).
Page 6 of 12
Cumulative impacts (linear distance in feet) to all streams on si
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
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.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): 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: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The work nronosed under this Nationwide Permit is for the oumose of accessing high ground
for the development.
Page 7 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htrnl.
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.
N/A
Page 8 of 12
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/u-m/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): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
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 [phone] to review current thresholds for environmental documentation.
Yes El No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
Page 9 of 12
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.
* I Impact I I Required
Zone "-- _r *. Multiplier
I 1 1 3
1 2 1.5
Total I I I
* Zone 1 extends out 30 feet perpendicular 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
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.
N/A
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XM. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No ?
Page 10 of 12
.-? .. .? •?•?...?? ?.??? ..??.. ro,?w?v?? rvr•? rru-vvc-ccra 1-i7r0 r.vucivuc r-vrv
Is this an after-the-fact permit application?
Yes Q No 0
XIV. 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, ar other issues outside of the applicant's control).
Apelan Its Signature Date
(Agent's signature is valid only if an aut orization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cberokec Iredell Mitchell Union
US Army Corps of Enguicers Avery Ctay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Linwin Rowan Yanccv
Room 209 Burkc Gaston Macon Rutherford
Asheville NC 288111-51HKr Cabarrus Graham Madison Stanley
Telephone. [phone]*4 Caldweli Haywood McDowell swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulator' Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps OfBngincers Allcgliany Edgecomlic Lce Stokes Yadkin
6508 Fails othhe Ncusc Road Ashc Franklin Nash Surry
Suite 120 Caswell Forsyth North:umptoa Vance
Raleigh_ NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Gtiifford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulalon• yield O(rcx l3cauron Currituck )ones pin
US Army Corps Of Engineers Bcrtie Dare Lenoir T37ro11
Pam otficc Box 1000 Camden Gates Martin Washington
Washington, NC 27889)-two Canem* Green Pamlico Wayne
Telephone: (252) 975-iGI(, Caravan Hertford Pesquotank
tax: (252)9)75-1394) Craven Hydc PtNui=ns *Croatan National Forest Only
Wilmington Regulalovy Field Office Anson Duplin Onslow
US Antsy Corps OfEnginccrs Bladen Harnett Pender
Page i I of 1 1
Received Jul-09-04 11:05am From- To-GHS Pathology Dept Page 002
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National IV
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
TEMPORARY TROUT BUFFER
DISTURBPtNGE CEO LF.
UNNAMED TRIBUTARY TO
FRENGH BROAD RIVER
S
0 10' 20'
SCALE : 1"=20'-0'
PROPOSED 0'
GRAVEL ROAD

" STREAM GfROSSING "I
37 LF OF 48" &WCF e 10%
INV. IN 2224.2
INV. OUT 2220.3
BOULDER HEADNALL (TYP.)
Sylvan Heights
E
TRANSYLVANIA COUNTY
NORTH CAROLINA Melrose Design Group, P.A.
Landscape Atohftmtt
I'M Plarmtng
Envbvn-ntal Design
No. DATE : Augtst 26, 2004 SCALE : 1'=20'-0'

REVISIONS: 56 White 0A Road
Arden, North Carolina 28704
Phoae(828)694-5155 Fax GM 684-5156
/Z4--
L
LL i
UNNAMED TRIBUTARY TO TEMPORARY TROUT BUFFER
DISTURBANGE 60 LF.
FRENGH BROAD RIVER
PROPOSED 18'
GRAVEL ROAD
c,,o
N I
w E 5TREAM GRO551NG 4$2
3-1 LF OF 48" 5WGP a a%
INV. IN 2595.0
S INV. OUT 2592.0
0 10' 20'
BOULDER HEADWALL (TYP.)
SCALE : 1"=20'-0'

S
lvan Hei
hts i
I
STREAM
COSSING y
g
TRANSYLVANIA COUNTY
NORTHCAROWNA g g
Melrose Des
n Group, P.A.
E ArchMecture
No. 2 DATE : August 26, 2004 SCALE : 1"=20'-0'

REVISIONS: 56 White Oak Road
Arden, North Carolina 28704
Phone[phone] Fax EM684-5156
T=KAT --!) A n? Tr-J/ f 1T mf ICC C['"J
UM
FR
w
0 10, 20'
u i
SCALE : 1"-20'-0'

S
lvan Hei
hts
STREAM y
g Melrose Design Group, Pa
TRANSYLVAN IA COUNTY Landscape Architecture
COSSING NORTH CAROLINA Planning
Emhv nn siW
n
N0.3 2004 SCALE : 1--20'4
DATE : Au
ust 26 56 White Oat Road
,
g Arden North Carolina 28704
REVISIONS: Phone[phone] Fa.SM684-5156
BOULDER 1"1LALIYYALL 1, i I 1 ./
FINISHED GRADE
FIN15HED GRADE
SWALE
PROPOSED PIPE OUTLET SEE
GRADING PLAN
EXISTING STREAM BED
NOTE5:
1. THERE SHALL BE A MIN. OF 2' COVER OVER ALL PIPS UNDER ROADWAY.
FLOW
INVERT OF CULVERT TO BE
1'-0" BELOW EXISTING STREAM
BED ELEVATION AND 544ALL
MATCH SLOPE OF EXISTING
STREAM.
STREAM CR055IN6 WITH HEADWALL
N.T.S.
SWALE BEHIND BOULDER WALL TO DIRECT DRAINAGE
AWAY FROM WALL, TYP., INSURE POSITIVE DRAINAGE THROUGHOUT.
PLACE •5"I WASHED STONE BEHIND WALL AND WRAP WITH NCDENR STD.
EROSION CONTROL FABRIC TO CREATE "CELLS" BETWEEN EACH LAYER
OF GEO-WEB FABRIC. EROSION CONTROL FABRIC SHALL HAVE A MIN. 4"
OVERLAP AT CELL CLOSURE POINT TYP.
DEPTH OF "51 STONE
BEHIND BOULDER WALL TO EXTEND BOULDER TOP OF WALL HEIGHT 2" MIN. ABOVE BACK OF WALL FIN.
BE DETERMINED BY GRADE
STRUCTURAL ENGINEER TOP OF WALL, SEE GRADING PLAN
BOULDER MINIMUM SIZE TO BE DETERMINED BY
STRUCTURAL ENGINEER
SEE GRADING PLAN FOR
FINISHED GRADE
GEO-WEB FABRIC, PER L)
_
STRUCTURAL ENGINEER, -
INSTALL ON EVERT OTHER I2 - N
_
COURSE OF BOULDERS MIN. _ -_ - w
a BOTTOM OF WALL, SEE GRADING PLAN

GEO-WEB FABRIC, PER dt IM +W x141` IIM?W!Idl?llN?`IINdrIN,IYI?II?MiNdY411AA6NYIIMHI4-?- FINISHED GRADE INSURE
STRUCTURAL ENGINEER POSITIVE DRAINAGE
- = - - - --- --- " AWAY FROM WALL, TYP.
_ SECURELY STACKED BOULDER WALL, STONE TYPE AND
J COLOR TO BE BROWN/GRAY VARIATIONS AND MATCH
STONE NATIVE TO AREA. "PLANT" FIRST BOULDER
COURSE 2/3 HEIGHT IN EXISTING 501L TYP. 51ZE OF
-
NCDOT 'ABC' ROADBOND FOOTING
-- - - - ' BOTTOM BOULDERS TO BE TO BE DETERMINED BY
-- - -
,
'- -
COMPACTED TO 953 MODIFIED PROCTOR. - - STRUCTURAL ENGINEER
- --
SIZE OF FOOTING TO BE DETERMINED BY COMPACTED SUBGRADE 953 MIN. MODIFIED PROCTOR
STRUCTURAL ENGINEER TO A 12" DEPTH TYP.
BOULDER WALL
N.T.S

lvan Hei
S
hts y='`=
STREAM

COSC SING y
g
TRANSYLVANIA COUNTY
NORTH CAROLINA Scott R Melrose & Associates, P.A.

LwWwape LmW Planning
Environmental Design
DATE : August 26, 2004 SCALE : I'=20' a
:
REVISIONS 3 White Ok Road
Arden. North Carolina 29704

Pb.-[phone] Fax B29) 634-5156
ra6c; t vi i
http://mapserver.maptech.com/api/GetItnage.asp?fname=218588 7/9/2004

i
i
a
a
0
m •
I '.
ITI
1 i''?
l'
.
,J
.r, ,.
Soil Map Unit Symbol Slope % Characteristics
Ashe and Edneyville Soils AnF 25 to 45 Well Drained to Excessively Drained; Side Slopes; Granite Gneiss Parent Material
Ashe Stony Sandy Loam AhG 45 to 70 Somewhat Excessively Drained; Side Slopes with rough topography; Granite Gneiss
Parent Material
Brevard Loam BvE 10 to 25 Stream terraces, toe slopes and upland coves
Chester Fine Sandy Loam ChF 15 to 25 Well Drained; Side slopes bordering drainageways; Granite Gneiss Parent Material
Rosman Soils Rs Stream flood plains and along drainageways
Tusquitee Stony Loam TuE 15 to 25 Well Drained; Upland Draws, Foot Slopes, Up to 25 of Surface Covered with Stones;
Alluvium or Colluvial Parent Material
V jcjmty Map
to
Franklin
enville
to 10
Brevard Brevard
?\ \?^' Airt,ent C Cxic?
Governor
a ° William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
-K?.. Division of Water Quality
April 30, 2001
DWQ# Q1-0312
Transylvania County
AA,ch-c! and Stsmte
;y
Prestige Prooerties. Inc
2233 NW 41St St., Suite 100
Gainesville, FL, 32606
APPROVAL of 401 Water Qu{ iity Certii-lcalion wiUl Addibonai Condition
Dear Mr. And Ms. Steinberg:
You have our approval, ifi accordance with the attached conditions, to place fill in 149 linear feet of Carson Creek in order to install
two new culverts and a culv4rt extension for the Walnut Hills Subdivision in Transylvania County, as described in your application
received by the Division of Water Quality on March 2, 2001. After reviewing your application, we have determined that this fill is covered
by General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit Numbers 14 when it is
issued by the U.S. Army Corp, of Engineers. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
Also this approval wiit expire when the accompanying 404 permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us and you may be requilred to send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0505 (h).
Please note that if additional akp;icaltions are submitted for the Walnut Hi,is Subdivision, the irnpacls approved herein vvili be Included iri
the c:!Tulati,'- impacts for the rnjert Fu?rthe. oro the total subdivision plan shoufd be described in any future application. For this
approval to be valid, you must ?cllo?f: the conditions listed in the attached certification'
ertification as well as the additional condition listed below.
1. Deed notifications or simdir mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within
50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this ietker or liie issuance of
the 404 Permit Iwhichever is later) A sample deed notification format can be downloaded from the 401;We!lands Unit web site at
if you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act wRhin 60 days
of the date that you receive thi$ letter To ask for a nearing, send a written petition which conforms to Chapter 1506 of the North Carolina
General Statutes to the Office ?,f " tiinis`-tiva Haarings, P.O. Box 27447, 'Rafe;h, N.C. 27611-7447. This cer -catior: and its conditicns
are final and binding unless yor 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 Jghn Dorney at 919-733-9646.
Sincerely,
f ?. lr;err !/
; .Stevens
Attachment
cc: Corps of Engineers AsheWle Field Office
Asheville .C.WQ 4eninn,zt
Central Files
File Copy
L. DeWayne Brown, 1318-F Patton Avenue, Asheville, NC, 28806
010312
North Carolina: Division of Water Quality, 401 Wetlands Certification Unit,
i r ..
U.S. ARMY CORPS OF ENGINFFRS
WIL1t&INGTOIY DISTRICT
Action Id. 20013058 County Transylvania
#QiXN LKAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
:':cpr.?? oriue.: R cs`["[ge i,I,ei-ii-,, inc., Men: Micnaet and Miriam Steinberg
i.
Address: W3 NW 41" Street, Sulte 100
galuesville, Florida 32606
Telephone No.: 6SZ373-1700
Cie. and T nn inn of 1wl,;PPt !.into, t.,,,ij. .,.,? .. a!4 ib ?. • _
?- 'J ?• ? • •••?• "`^' s ..... :..a?aava.r, wnu, a.u.. /. tLi u:..:s : C[[ c[ [VLU[[J lV flYlCJi 1?71ii LIYCR
imw?u &Uc! acn iniugn si "walnut nuis jnbdivistoa located on Walnut lioltow Road near Brevard,
i`iortle Varoiina.
Description of ActivityI: to extend an edstine culvert by 9-feet and liwI_1 1119-feet 4culvert at two addirtmai rmd
"?( a4avu) -
Applicable Law: X_Section 404 (Clean Water Act, 33 U.S.C.1344).
(check all that apply): Section 10 (River and Harbor Act of 1899).
Authorization' Repinml f.Pnar%1 permit Nnm}wr
i'?; ,\4i1VL1 Nr1YL tGllllit 1?t1lllUG1.
Your work is authorised by this Regional General (RGP) or Nationwide Permit INWPI nmvidart it is arrnmnlielwri in ctrirr
accordance with the a ched conditions, those outlined in the attached Aurff S. 2001 NC Wildlife Resourcac Cammk 4on
liter, and your sub*tted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before
beginning work you ust also receive a Section 401 water quality certification from the N.C. Division of Water Quality,
teephone (919) 733- , 786.
Please read and caref? ly comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the
RGP or the NWP reff?reneed above may subject the pe>;mittee to a stop work order. a restoration order, and/or appropriate
legal action.
This Department of e Army RGP or NWP verification does net relieve t..e r^nattee e€d.c respccsibiliv to a? asly
other required Federil. Smte, or local approvals/nerrnits. The permittee may need to contact appropri3te Swe and local
agencies before beginning work.
If there are = gt;estions mgarding lh!s aa'.aarizauon o: awy of the condidons of the v^etterai Permit or Nationwide Permit,
please contact the C4!ps Regniatory Official specified be!ow.
Date 419!01
Corps Regulatory Ofticial David Baker Telephone No. (828) 2714856
Expiration Date of *eNf?cation 4%9103
S1J11,j1EY vLs'T'g, !fIEI;*.1 SKETCH, "i'LAJN^ D£LIN`l,.A::ON Fdlr,`.w, i P'i.n":S, ETC., ivivST
BE ATTACHED T? TWE YELLOW M,. LE) COPY OF THIS FORUM, REQLgRED OR 11 VAILABL'E.
?..saa F.rw ssl
2"Wed July 19M
# t! J Lr? r.
T ?
P?t AOp a Ci1u
VAUGHty $ AAEiTt;„} cJiiGINEERS1
ASHEVILLE, HC
i

r•? r,
U 1? ?l
_ Zt
Triage Check List
Date: q q d
To
"O
? FRO
? MRO
? RRO
From:
Telephone : (919)
The file attached is being forwarded to 'iplur for your evaluation.
Please call if you need assistance.
? S eam length impacted
12 Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
Lr Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
2 "'Cumulative impact concern
Comments: keV(I-i Odd 5f 0_ Vc?s I 'Jk

Project Name: ? -1
DwQ#:
County: w
Kevin Barnett ? WaRO Tom Steffens
Ken Averitte ? WiRO Noelle Lutheran
Alan Johnson ?' WSRO Daryl Lamb
Mike Horan
`?_t /f 3. I'll ???,f &el
4A VA7 J 1 <1 6?_?Ae _V

MELROSE DESIGN GROUP, PA
LANDSCAPE ARCHITECTURE - LAND PLANNING - ENVIRONMENTAL DESIGN
August 26, 2004, 2004
NC DENR / Division of Water Quality,
1650 Mail Service Center
Raleigh, NC 27699-1650
Attention: Mr. John Dorney
Re: Sylvan Heights
Transylvania County, NC
Dear Mr. Dorney:
lot
Wetlands Unit FIL
041469
WETLANDS/401 GROUP
SE'p 0 2.2004
WATER QUALITYSECT
10N
COP Er?A
NDS / 401 pgpup
AUG 3 0 2004
WATER QUALITY SECTION
The purpose of this letter is to request written authorization for stream channel impacts under Nationwide
Permit 39 for Sylvan Heights, in Transylvania County, North Carolina. The project proposes the
installation of permanent stream channel piping at three crossings associated with the construction of an
18' wide gravel road, two crossings within the first phase of construction.
Attached, you will find USGS information that shows the location of the project and details showing the
proposed extent of impacts at each stream crossing. Total impacts requested under the Nationwide Permit
39 total 112 feet on three unnamed tributaries to the French Broad River and are being constructed for the
purpose of improving access to the property. Where possible, pipes will be buried at least 1 foot below the
existing stream bed to facilitate aquatic life movement and renaturalization of the stream bed.
The proposed channel impact will occur on only the smallest tributary, none of which appear as blue line
streams on USGS mapping. As a mitigative measure, all buffers affected by the proposed road crossings
will be revegetated using native plant materials.
A copy of this permit application has been forwarded to Mr. Dave McHenry of the North Carolina
Wildlife Resource Commission for comment submission since the project is located within a trout county.
If you have any questions regarding this proposed action, need any additional information or would like to
visit the site, please feel free to give me a call.
Sincerely,
Mark Ambtman

56 WHITE OAK ROAD - ARDEN, NORTH CAROLINA 28704 - TELEPHONE [phone] - FACSIMILE 828.684.5156
ice' rby IL E cc,
SCOTT R. MELROSE & ASSOCIATES, PA
LANDSCAPE ARCHITECTURE • LAND PLANNING • ENVIRONMENTAL DESIGN
LETTER OF TRANSMITTAL
TO: Beverly Strickland
NC DENR / Division of Water Quality, Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 WETLANDS/ 401 GROUP
SEP.0 2,2004
SUBJECT: Sylvan Heights WATER QUALITY SECTION
DATE: 8/30/2004
THE FOLLOWING IS PROVIDED.
COPIES DATE DESCRIPTION
4 8/30/04 additional copies
REMARKS:
Enclosed please find four additional copies of the previously submitted permit application.
Please call if you have any questions.
Thank you,
Mark Ambtman
3 WHITE OAK ROAD • ARDEN, NORTH CAROLINA 28704 • TELEPHONE [phone] • FACSIMILE 828.684.5156
SCOTT R. MELROSE & ASSOCIATES, PA
6945

Invoice Number Date Voucher
i Amount Discounts Previous Pay Net Amount
Sylvan Heights 8/27/04 0000927 475.00 I 475.00
North Carolina Division of Water Totals 475.00 475.00
Corporate 4
WETLANDS/ 401 GROUP
SEP 0 .2004
WATER QUALITY SECTION
WETLANDS / 401 GROUF
,?iUG 03 0 200,1
WATER QUALITY SECTIOIV