20000196 Ver 1_COMPLETE FILE_20000301

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Kerr T. Stevens, Director IT am,
Bill Holman, Secretary
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April, 2000
Polk County
DWQ Project # 000196
Lake Adger Developers
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Attn: Mr. Chuck Lowe
Post Office Box 4125
Sportanburg, SC 29305
Dear Mr. Lowe:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 208 linear feet of
streams for the purpose of constructing a residential subdivision (North Cove Subdivision) at Lake Adger as described in your application dated
March 1, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers
3102 and 3108. These certifications allow you to use Nationwide Permit Numbers 14 and 26 when the Corps of Engineers issues them. 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, Coastal Stormwater, Non-Discharge and Water Supply Water shed regulations. This approval will expire when the
accompanying 404 or CAMA 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 except as modified below. 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 wetland fills for this project
(now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this
approval to be valid you must follow the conditions listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and streams to notify the state in order
to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30 days of the date of this
letter or the issuance of the 404 Permit (whichever is later).
If you do not accept any of the conditions of this certification, 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 I SOB of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-9646.
?Stevel'
Attachment
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Nick Roark; Ecological Associates, Inc.
Division of Water Quality - Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer -
50% recycled/10% post consumer paper
04/07/2000 14:33 4
MEMORANDUM
TO: John Dorney - L'ndy
Non-Discharge Branch
SUBJECT:
PAGE 01
Regional Contact: _VWda Frazier
W4 Supervisor: FnrrAst !_
D
.
WETLAND STAFF REPORT AND RECOMMENDATIONS ate
Faciifty Name Lake Adger Developers : X*KhiC0ve-f8 . *n
Project Number 00 0196
Recvd From APP
Received Date 311100 Reovd eyk.01111" m 3110M
Project Type subdivision
Certificatea
Permit Wetland
Type Type
Wetland Wetland Strum
Impact Score Index
Stt!eam
Case
County Polk
County2
Region Ashevil}e .
Stream Impacts (tt.)
Acres
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N
Have Project Changes/Conditions Been Disceaaed With Applicant? 0 Y 0 N
Is Mitigation required? 0Y ON
Recommendation: S Issue ue?6d 0 Deny
Provided by Region: Latitude (ddmmss) 332016 longitude (ddmmss) 821328
Comments:
't e- on ?- ? -,?l
cc: Regional Office
Central Office

Page Number 1
Ij.it-iatiQL7 Wetland
MitigationType Type Acres Fait

MAR 1 2000 -
ECOLOGICAL ASSOCIATES, INC. ?----
Ecological - Environmental - Natural Resources Consulting
4676 Bears Bluff Road - Wadmalaw Island, SC 29487 - [phone]
February 28, 2000
Mr. John Dorney
NC DEHNR DWQ
1621 Mail Service Center
Raleigh, North Carolina 27601
000-190 Pr 1YM4.. i Y 1
REC?::AD
SUBJECT: Pre-Construction Notification - NWP 14 & NWP 26
North Cove Subdivision - Polk County, North Carolina
Dear Mr. Dorney:
In accordance with your letter dated February 23, 2000, please find attached seven (7)
copies of the above referenced PCN and check in the amount of $475.00 for the 401
application fee for this project. Please process the 401 Water Quality Certification for
this project at your earliest convenience.
Please contact us at [phone] if you have any questions regarding this material, or
if you need anything further. Thank you in advance for your consideration and your
timely response to this request.
Sincerely,
D. Nick Roark
Ecologist, President, EA, Inc.
Enclosures
02
C: Mr. Steve Chapin - USACE
Mr. Chuck Lowe - Lake Adger Developers

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
17
4 • ?Mlo A ; I
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
D. Nick Roark
Ecological Associates, Inc
4676 Bears Bluff Road
Wadmalaw, SC 29487
Dear Mr. Roark:
February 23, 2000
O
? _ DD
On February 22, 2000, your application for 401 Water Quality Certification on
behalf of Lake Adger Developers for a project in Polk County was received by the N.C.
Division of Water Quality. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. Your
application is being returned since no payment was received with the package. The fee for
applications is $200 for projects impacting less than an acre of wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or
more feet of streams, the fee is $475. In order for DWQ to review and process your
request, you must send a check in the appropriate amount made payable to the N.C.
Division of Water Quality.
Please call Robert Ridings at 919-733-9817 or visit our web site at
http://h2o.enr state nc us/--wetlands if you have any questions.
cc: Central Files
wetlandr/Wl Unit
4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled O% post consumer paper
ECOLOGICAL ASSOCIATES, INC.
Ecological - Environmental - Natural Resources Consulting
4676 Bears Bluff Road • Wadmalaw Island, SC 29487 • [phone]
February 16, 2000 000 1
Mr. John Dorney
NC DEHNR DWQ
1621 Mail Service Center
Raleigh, North Carolina 27601
SUBJECT: Pre-Construction Notification - NWP 14 & NWP 26
North Cove Subdivision - Polk County, North Carolina
Dear Mr. Dorney:
MAR I ?UUU
PAYMENT
RECEIVED
Pursuant to instructions from the U.S. Army Corps of Engineers (USACE), please find
attached seven (7) copies of a PCN that was submitted to the USACE today. The PCN
package contains location maps, plan view and cross-sectional drawings, project
narratives, a large-scale map, and supporting information for a PCN to construct three
road crossings at the above referenced site.
Please contact us at [phone] if you have any questions regarding this material, or
if you need anything further. Thank you in advance for your consideration and your
timely response to this request.
Sincerely,
D. Nick Roark
Ecologist, President, EA, Inc.
Enclosures
FFB 2 22000
i TY SECTION
C: Mr. Steve Chapin - USACE
Ms. Renee Gledhill-Earley - N.C. Div. of Archives and History
r
ECOLOGICAL ASSOCIATES, INC.
Ecological - Environmental - Natural Resources Consulting
4676 Bears Bluff Road - Wadmalaw Island, SC 29487 - [phone]
February 16, 2000
Mr. Steve Chapin
USACE - Regulatory Branch
151 Patton Avenue, Room 143
Asheville, North Carolina 28801-4854
SUBJECT: Pre-Construction Notification - NWP 14 & NWP 26
North Cove Subdivision - Polk County, North Carolina
Dear Mr. Chapin:
Pursuant to our recent conversations, please find attached location maps, plan view and
cross-sectional drawings, project narratives, and supporting information for a PCN to
construct three road crossings at the above referenced site. We propose to submit road
crossing B under Nationwide Permit (NWP) 14. The two additional road crossings (A
and C) are being submitted under NWP 26. Please process this application at your
earliest convenience.
Please contact us at [phone] if you have any questions regarding this material, or
if you need anything further. Thank you in advance for your consideration and your
timely response to this request.
Sincerely,
d
D. Nick Roark
Ecologist, President, EA, Inc.
Enclosures
C: Mr. John Dorney, NCDEHNR - Div. of Environmental Mgmt.
Ms. Renee Gledhill-Earley - N.C. Div. of Archives and Histo
?-
?I' * IDS GROUt
UALITY SECT 10':
WETLANDS GROUP
.... tv nrnr?n??
4001 9
DEN ID: CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED PROVIDE NATIONWIDE PERMIT
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH-THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME : Lake Adger Developers Attn: Mr. Chuck Lowe
2. MAILING ADDRESS: P•O•Box 4125
Spartanburg SUBDIVISION NAME: North Cove
CITY: STATE: SC ZIP CODE: 29305
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
3. TELEPHONE NUMBER (HOME): N/A (WORK) : [phone]
4. IF.APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,
ADDRESS, PHONE NUMBER: D. Nick Roark - Ecological Associates, Inc.
4676 Bears Bluff Road. Wadmalaw Island, SC 29487. [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR
AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Polk NEAREST TOWN OR CITY: Mill Spring
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.)
Project is located on the north side of Lake Adger. Access to the site is located on-Lake
Adger Road, north of Red Barn Landing.
6
IMPACTED OR NEAREST STREAM/RIVER: Panther Creek
RIVER BASIN: Green River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [ ] NO [X] IF YES, EXPLAIN:
7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT
ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ X]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL
COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION:
Ba. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES [ ] NO [X ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES [ X] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK:
It is anticipated that additional road crossings will be required as additional phases of the
development are brought on-line.
9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 284.5
9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: EXCAVATION:
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED:
10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE
DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: 208 hnearft• FT AFTER:
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER: FT
FT
FT
AVERAGE DEPTH BEFORE: FT AFTER: FT
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: X
CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING
TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT
TO BE USED (ATTACH PLANS: 8W x 11" DRAWINGS ONLY):
Place pipe and fill in stream channels to construct 3 road crossings. Road crossing A is
38 feet long, road crossing B is 102 feet long, and road crossing C is 68 feet long for a
total of 208 linear feet of pipe and fill.
13. PURPOSE OF PROPOSED WORK: Residential Development
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN'•TO MINIMIZE WETLAND IMPACTS):
The proposed road crossings are required to provide access throughout site.
15. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE
AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: February 16, 2000
16. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND? YES [ ] NO [X ] (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT
PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT?.
YES ( ] NO [ ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT
OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO ( J
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE
NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS.
CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF
ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE
[phone].
17. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY
INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE
PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
%EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT
TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential, Agricultural, Silvicultural
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
9. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE.
HOTS. WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT
(WATER QUALITY) CERTIFICATION.
O R'S/AGENT'S SIGNATURE O ` Zzo a ?
(AGENT'S SIGNATURE VALID ONLY BATE
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18G.))

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NORTH COVE PROPOSED ROAD CROSSING
SUBDMSION C
ECOLOGICAL ASSOCIATES SHEET 3 OF 5
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1000
1070
1060
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1040 PV1 S7A 1+40.58
PM ELEV - 959.09
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SUBDIVISION ROAD CROSSINGS A& B
ECOLOGICAL ASSOCIATES SHEET 4 OF 5
3
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SUBDIVISION CROSS-SECTIONAL DRAWING
ECOLOGICAL ASSOCIATES ROAD CROSSING C
SHEET 5 OF 5
I
PROFILE
ROAD CROSSING C
•? SCALE:' 1" 200'. HORIZONTAL
1" 20' VERTICAL
LOW POINT ELEV = 969.37
LOW POINT STA 8+78.43
PM STA a 8+21.35
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200030248
County: POLK
Waters of the U.S. Survey/DelineationVerification
Property owner/Authorized Agent: Jim Smith & Associates
Address: . P.O. Box 4125
Spartanburg, SC 29305
Telephone, Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
1,538 acre tract on the north side of Lake Adger
Indicate Which of the following apply:
X There are waters of the U.S. on the above described property which have been accurately
flagged/delineated. We recommend that the delineated lines be surveyed. The surveyed
lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
The submitted survey plat dated for the above referenced property
accurately reflects the limits of waters-of the U.S. on the property. Unless there is a
change in the law or our published regulations, this determination may be relied upon for
a period not to exceed 5 years from the date of this notice.
Placement of dredged or fill material in waters othe U.S. on this property without a Department
of the Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC
1311). A permit is not required for work on the property restricted entirely to existing high
ground. If you have any questions regarding the Corps of Engineers regulatory program, please
contact:
Steve Chapin at [phone]
Project Manager Signature Date January 13, 2000
cc: Ecological Associates