Avery Co. NC0086177 - No BIMS data

"1
ALERY COUNTY XNSPECTXONS AND PLANNXNG DEPARTMENT
P.O. BOX 596.
NEIJL.}ND, N. C. 2865T.
TELEPHONE. .[phone] FAX.- 704 733-8216
Date: October 1, 1997
To: Mr. Mike Parker
Division of Water Quality
59 Woodfin Place
Asheville, N.C. 28801
From: Mr. Tom Burleson
Avery County Inspections & Planning Department
P.O. Box 596
Newland, N.C. 28657
Dear Mike,
I've enclosed the preliminary plan for the "Glens at Grandfather".
Mr. Yoder may have to increase the lot sizes of the tracts which are
within one mile of the,HQW's of the Watauga River.. I spoke to
Charles Davis, engineer of the project, and advised him to get in
touch with you. Also, Mike I wouldn't mind if you address the high
density (and I know you will anyway) regulation for the fifty—two
(52) townhouses.
Thanks, I am looking forward to seeing your soon.
Sincerely yours,
_—/ _--------
Tatum urlesnn
Department Head
Enclosure: 1

Date Received
OR v
State of North Carolina
Department of Environment: and Natural Resources
Division of Water Quality
ST'ORivIWATER MANAGFrMENTPERMIT APPLICATION FORM
Tlfis form may be pliofocopied for rise ru an original
I. GENERAL INFORMATION
1. Applicants naive (specify the name of the corpo.ratzon, mdhridual, etc. who owns the project):
2. Print Owner/Signing Official's name and title (the person who is legally responsible for the facility artd
its compliance):
JOE YODER , OWNER
3. Mailing Address for person listed in item 2 above:
RT 1 BOX 974
BANNER ELK
TcIeA=0Nus11ber ( 704 ) 963-6545
State: NC 21p; 28604
4. Project Name (subdivision, facility, or es(ablisluiient name -should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements, etc.):
GLENS OF GRANDFATHER SUBDIVISION _
0 5. Location of Facility (street'address):
HWY 105 SOUTH SIDE OF HWY AT THE COUNTY LINE
nI
Co>_urty WATAUGA/AVERY
6. Directions to facility (from nearest major intersection).
1.7 MI ON NC HWY 105-EAST OF THE NC HWY 184 INTERSECTION, SOUTH SIDE OF
NC HWY 105 AT THE WATUAGA / AVERY COUNTY LINE
a. Latituda 36 08' L,,giwaa 81 49' of facility
S. Contact person -,vho can answer questions about the facility:
CHARLES H. DAVIS, JR_ TelepltorteNurnber ( 704 I 327-2621
II. FERNIIT INFORMATION:
1. Specify whether project is (check one): XX New Renewal Modification
2. If this application is being submitted as the result of a re�te:val or modification to an existing permit, Iist
the aristingpamitnulnber NL and its issue dale V lawwn)
Form SWU-101 Luivary 199E
Page i of 4

3. Specify tlb- type of project (check one):
XX Low Density XX Eligh Density Redevelop C'weral Permit Other
4. Additional Project Requirements (check applicable blanks):
CAN AMajor XXSedimmtation/Erosion Control 404 Permit
Ill. PROJECT INFORMATION
1. In ilie space provided below, stunma ize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project .
HIGH DENSITY WILL DRAIN TO A WET DETENTION BASIN BEFORE EXITING THE SITE.
2. Stormwater runoff from this project drains to the WATAUGA River basin.
3. Total Pr*dAreti 55 acres 4. Pmject13ut1tUport A27.2
5. I-Iowmany drainagebasimdoes the projecllave? one that is effected by the high density area
6. Complete the following information for each drainage basin. If there are more than two dxahiage basins in
the project, attach an additional sheet with the ulfortnation for each basin provided in the same format as
below.
:am
Receiving Stream Naute
Receiving Stream Class
H W
Draina , Uasin Area
27.94 ac
]Existing Im envious' Area
NONE
Proposed im lous'Area
7.6 ac
% Impervious' Area total
27. 2 %
wl �9'�; lf�ft91ikFIRM -
On -site Buildings,
2.6 ac
On -site Streets
4 ac
On -site Parking
0.86 ac
On -site Sidevralks
none
Other on -site
Off -site
none re cnnsc-rNzz
Total:
E= 7.6 ac L--
Impervious area is defined Ps the built upon area including, but root limited to, buildings, roads, parkutg
areas, sidewalks, gravel areas, etc.
7. Hmv-` as the off -site impervious area listed above derived' WOODED MOUNTAIN SIDE OWNED BY
A NATURE CONSERVATORY
1V. DEED RFSMC-ITONS A -ND PROTECTIVE COVENANTS
Deed rc:,txictions and protective covenants are required to be recorded for all low density projects and all
subdivisions prior to the sale of any lot. Please see Attaclunent A for the specific items that must be recorded.
Form SwU-101 January 1999 Page 2 of 4

By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the items required by the perxxut that the covenants will be binding on all parties and persons
claiming under thcn-L, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sate of any lot.
VI. AGENTAU1714011IZATiON
If you wish to designate submittal autfrority to another individual or firm so that they may provide
information on your behalf, please complete this section:
D.ignataiaga4(and;v1dW-a,xBrj CHARLES H. DAVIS, JR, PE NC 2903 ATLANTIC PLAN
.mma Ac .PO BOX 1691 ENGINEERING CORP.
Gty. HICKORY State. NC �P 28603
phj 704 } 327-2621 Fax: f 704 ) 327-0931
VII. SUBM, =AL RLQUMM"ENTS
This applicationpackage will not ba accepted by the Division of Water Quality unless all of the applicable
items are included with. the subnilital.
1• Please irxiicate that yuu have provided the following required information by signing your initials in the
space provided next to each item.
+ Original and one copy of the Stormwatar Management Permit Application Form
One copy of the applicable Supplement Form(s) for each 13M1 (see Attachment A)
Permit application processing fee (see Attachment A)
• Two copies of puns and specifications inciudutg:
• Detailed narrative description of stormwater treatment/management
Two copies of plans and specifications, including:
- Develapu�esrt/Project nanne
- F rpneer and firm
- Legerxl
- North amw
Scale
- Revision nurrilx,r & date
- Mean high seater line
- Dimensioned property/project boundary
- Location map with named streets orNCSRnumbers
-Original contours, proposed contours, spot elevations, finished floor elevations
Details of roads, parking; cul-de-sacs, sideivalks, and curb and gutter
- Wetlands delineated, or a note on plans that none e-cist
- Existing drainage (including off -site), drainage easements, pip,- sizes, runoff calculations
- Drainage basins delineated
- Vegetated buffers (where required)
V. APPLICANT'S CERTIFICAUON
I, (pr ba or type ruatte ojrFvwn listed in Cme l inforr ifmi. item 2) JOSEPH YODER
certify that the information included on this permit application form is correct, that the project will be
constructed in confomtiance with the npproved plans, that the deed restrictions in accordance with Attachment
A of this form will be recorded ivlth 1 required permit conditions, and that to the best of my knowWge the
pro , - s proj t complies with th u ' n of 15 CAC 214 .1M.
S�naturt -- — Dale_- r/ r
Farm SWU-101 January 1999 Pagc 3 of 4

ATTACHII = A
1. Deed Restriction Language
The following stater- nits must be recorded for all low density projects and for all projects that involve the
subdivision and selling of lots or out-
parcels-3, No more than I square feet of any lot, including that portion of the righf�-way between the
edge of pavement and the front lot line, shall be covered by impervious structures including
asphalf, gravel, concrete, brick, stoner slate or similar material but not including wood decking or
the surface of srLrimming pools. This covenant is intendrd to insure continued compliance Un the
stonnwaler permit issued by the State of North Carolina. 71w rovmant may not be changed or
deleted without tits consent of the State.
2. No one may fill in, pipe, or alter any roadside swale except as necessary to provide a minimtcm
drivmay crossing.
NOTE: if lot sizes vary significantly, the owner/developer must provide an attachment listing each lot
number, size and the allowable built -upon area for each lot.
For commercial projects that have outparcels or future development the following statements must also be
recorded:
3. The connection from the outparceI or future area into the stvrmmater system must be made into the
forebay such flirt short-circuiting of the system does no,' occur.
4. All built -upon area from the outparcel or future development must be directed info the permitter)
stormunfer control system.
5. Built -upon aroi in ezc ss of the permitted amount uol require a permit mcxfifrcntion prior to
comtruction.
For curb outlet systems, the following statement in addition to items 1 and 2 above must be recorded:
6. Na one niay pipe, fill in or alter any designated 100 fovf long grassers Swale uzed to meet the
requirements of NCAC 2H .1008(g).
2. Supplmtmt)Foals
The applicable supplement form(s) li3ted below must be submitted for each 13b4P specified for this project:
Form SW`U-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWAM-10�J
Low Density Supplement
Form SIVU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-I07
Underground Infiltration Trendi Supplement
Form SV1TU-105
Neu -se River Basin Nutrient Management Strategy Supplement
3. Permit Application Fees (check made payable to NCDF-NR and submitted to the appropriate Regional
Office)
Type of Permit
Lose Density
High Density
Other
Director's Certification
General Permit
New, Modification, or
Late Renewal
$225
$3 85
$225
$350
$50
Form SWU-101 J wuary 1998 11'2gc 4 of 4
Timely Renewal Without
Modification
n/a
$225
n/a
n/a
n/a

REGIONAL
OFFICES
N. C. Department of Environment,
health, and Nai-tral
Resources
Winston-Salem
Raleigh
Washington
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Scel�f Pedhjtem C—dr P.I ton
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,UcDonell btu.Jt Rand�iph GA tMm VON-
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flahwltr� LIrKM,
Onion � CatiQ�.re t�
F3�nfi2
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Chaeita V,mn
Pet CYerihnd =nHY Nau.
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un,en pentkn .%
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vNm rt""*' titchmor.f
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iMYe '^'n s
�.�, rTG+en
v-
Jc"et
r sheville
Mooresville
Mvi.
... Bu�Lvrd
cqt". t
Fayetteville
M''"
Nnew
Wilmington
• +wrlrn«.+
�tNt�
(1) ARO
(2) WSRO (3)
RRO
(4) WaRO n
Mr. Roy Davis
Mr. Larry Coble
Mr. Ken Schuster
Mr. lini Mulligan
DWQ Ragianal Supervisor
DWQ Regional Supervisor
DWQ Regional Supervisor
DWQ Regional Supervisor
59 Woodfin Place
595 Waughtown Street
38M Barrett Drive
943 Washington Square Mall
Asheville, NC 28801
Winston-Salem, NC 27107
Raleigh, NC 27609
Washington, NC 27989
(704).251-6209
(35a) 771-4600
(919)S71.4700
[phone]
FAX [phone]
FAX (33Q 771-4632
FAX [phone]
FAX [phone]
(5) MRO
DWQ Regional Supervisor
919 North Main Street
Mooresville, NC 28115
[phone]
FAX [phone]
(6) FRO
Mr. Tommy Stevens
DWQ Rcgionat SuNr-Asor
Waehovia Bldg, Suite 714
Fayetteville, NC 28301
[phone]
FAX [phone]
{7) WiRO
Mr. Rick Shivcr
DWQ Regional Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
[phone]
FAX [phone]

Peanut No.
(to be provided by DWQ)
State of North Carolina
Department of Environment and Nahtral Resources
Division. of Water Quality
STORMWATER MANAGEMENT PMIHT APPLICATION FORM
LOW DENSM SUPPLEMENT
71ris form mazy N photocopied for use as an cuigrtzal
A lour density project is one that nwx�,,ts the appropriatr- criteria for built upon a= and transports storinwater runoff
primarily through vegetated maycyanc,--s. Low density projects should not have a discrete stormwater collection
systrin as defined by 15A NCAC 211 .IW2(18). Low density requirements and density factors can be found in
15A NCAC 2H .1005 through .1007.
Z, PROJECT INFORMATION (please complete the following information):
Project Name: GLENS OF GRANDFATHER
Contact Person: CHAELES H. DAVIS, JR, PE Phone Number: f 704 327-2621
Number of Lots: 29 Square Peet Per Lot-: SEE ATTATCHED TABLE
*If lot sizes nro not umfUrrrr, attach a table utd.icating the number of lots, Iot sizes and allowable built upon area
for each lot.
II. BUILT UPON AREA
Sec the Stormwater Management Pennit Application Auach=nt ,A, for specific language that must be recorded in
the deed restrictions for all low density projects.
For uniform lot sizes, complete the follc7wurg calculation in the space provided below where:
SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in Wgh density poclwLs.
- DF Density Factor - the appropriate percent built upon area divided by 100.
RA Road Area - the total impervious surface occupied by roadways.
- OA Other Area - tli-, total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
- No. Lots is tale total nruuber of lots in the subdivision.
BUA/I�ot i_s the computed allowable built u on aura for each lot including driveways and impervious surfaces
located between. the front lot line and the e ;e of pavement.
,a.. ! � : a. • • 3tld
Form SWU-104 21W'gs Pagc i of 2

Ilr. REQUIRE, D ITEMS CHECKLIST
Initial in the space provided to indicate that the following requimnionts have been met and supporting
documcntation is provided as necessary. If the applicant has designated an aL--nt in the Stormwater Management
Pennit Application ForaL the agent may initial below.
s
a. A 30 foot vegetative buffrr is provided adjacent to surface waters. Projects in the Ncusc
River basin may iequhr, additional buffers.
b. Deed restriction laugguage shall be recordcd as a mstrictive covenant. A copy of the =corded
document shall be provided to DWQ within 30 days of platting and prior to sale of any lots.
c. Built upon area calculations are provided for the overall project and all lots.
d Project confonm to low density requirements within the ORW AEC (if applicable)_ [15A
KCA.0 2H .1007(2)Cb)I
Form SWU-104 219198 Page 2 of 2

Glens of Grandfather
Low Dens ty Lots
LOT LOT SIZE ALLOWABLE BUILT
NO. SQ.FT. UPON AREA SQ.FT.
1
44,000
11,000
2
45,000
11,250
3
44,000
11,000
4
44,000
11,000
5
44,000
11,000
6
43,900
10,975
7
44,500
11,125
8
44,000
11,000
9
49,500
12,375
10
54,000
13,500
11
44,100
11,025
12
44,000
11,000
13
44,100
11,025
14
44,000
11,000
15
44,000
11,000
16
44,500
11,125
17
44,500
11,125
18
44,700
11,175
19
45,000
11,250
20
45,000
11,250
21
44,000
11,000
22
43,900
10,975
23
44,000
11,000
24
44,000
11,000
25
44,000
11,000
26
43,900
10,975
27
44,000
11,000
28
44,000
11,000
29
44,000
11,000

Permit No.
(to be provided by DWQ)
State of Nortli Carolina
DepaA Anent of Environment and Nafural Resources
Division of Water Quality
STORNIWATER NIANAGENU NT PERIv1TT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
7M5 form ,Hall be photaopied for use as an oTipnaI
DWO Stormwatcr Manapcmcnt Plan Review:
A complete stormwater management plan submittal includes a wet detention basin suppletx nt for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a fully executed
opet-ation and mart,- ace ag-eemmt.
1. PROJECT INFORMATION (please complete the following information):
Project Name, GLENS OF GRANDFATHER
Coatactperson; CHARLES H. DAVIS, JR, PE Phone Number. (704 ) 327-2621
For projects with multiple basins, spcdfy which basin this workshect applies to:
Basin Bottom Elevation 3670 ft. (average elevation of the floor of the basin)
Permanent Pool Elevation. 3675 ft. (elevation of the orifice)
Temporary Pool Elevation 3676 E, (elevation of the discharge structure overflow)
Permanent Pool Surfirce Area 10, 802.88 sq. ft. (water surface area at the orifice elevation)
Drainage Area
27.94
ac.
(on. -site and off -site drainage to the basin)
impervious Area
7.6
ac.
(on -site and off -site drainage to the basin)
Perroanemt fool Volume
38,438
cu. ft.
(combined volume of main basin and furebay)
Temporary Pool Volume
11, 327.88
cu. ft_
(volumrc detained above the permanent pool)
Foiebay Volume
6,406
cu. ft.
SA/DA1 used
0.889
(surface area to drainage area ratio)
Diarneter of Orifice 1-1/8 in.
Design. TSS Removal 85 `Yo
If. REQUIRED ITEMS CHECKLIST
(85% TSS removal required, see item k below)
The following checklist outlines design requirements per the Storrnwater Best Management Practlocs xnattuli
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may Initial below. If a requirement has not been met, attach justification.
FormSWU-102 January 1998 page 1 OC2

Footnotes;
a. The temporary pool controls runoff from the 1 inch storm event.
b. '111e basin length to width ratio is greater than 3:1.
e. The basin side slopes above the permanent pool are no steeper than 3:1.
d. A submerged and vegetated per!=ter shelf at less than 6:1 is provided (show detail).
e. Ved tation above tl-e, permanent pool elevation is specified.
f. An emergency drain is provided to empty the basin.
g. The permanent pool depth is between 3 and 6 feet (required nilnimtrrn of 3 feet).
h. The temporary pool draws down in 2 to 5 days.
i. A trash rack is provided for both the overflow and orifice.
j. Tltc forebay volume is approximately equal to 20% of the total basin volume.
k. Sediment storage is provided in the permanent pool.
1. A 30-foot vegetative filter is provided at the outlet2 (include erosive flow calculations)
m- Recorded drainage easement for each basin including access to nearest right-of-way.
n. A site specific operation and maintenance (O&M) plan is provided.
o, A vegewtion imnag erncnthnotiving schedule is provided in the O&M plan.
p. Semi-annual inspections are specified in the O&M plan.
q, A debris c ieck to be perlbrmed niter every storm evert[ is spe6ldcd in the O&M plan.
r. Specific clean -out benchmarks are specified in the O&M plan (elevation or depth).
s. A legally responsible party is designated in the O&M plan3 (include name and title).
.t, if the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performcd prior to use as a wet detention basin.
1 Wben using the Division SAMA tables, the correct SA/DA ratio for permanent pool siring should be Computed based upon the
actual impervious % and permanew pool depth. Linear interpolation Should be employed to determine tbe Co=ct value for Wn-
stardard table entries.
2 Jlr requirement for a vegetative fi1tLr may be waived if the tier detention basin is dcsiancd to meet 90"'& TSS rrmoval.
3 The legally responsible party should not be a honteownai aasociatioa unless more than 50% of the lots have been sold and a
mstdent of the subdivision has been named the president.
* LOT SERVING THE DETENTION BASIN ABUTTS THE RIGHT OF WAY SERVING THE TOWNHOUSES.
Form SWU-102 January 1998 Page 2 of 2
TOTRL P.10

THE GLENS AT GRANDFATHER
DETENTION BASIN CALCULATIONS
Impervious area on site = 7.6 acres /
Drainage area for site = 27.94 acresc
Percentage of impervious cover = 7.6 ac. = 27%
27.94 ac.
Average Pool depth of 5' gives a SA/DA ratio of 0.889°s✓
Required surface area = (0.889/100)(27.94 ac.) = 0.248 ac.
(10,803 sq.f .)
Volume for controlled run-off (RV = 0.05 + 0.009 I) /
RV = 0.05 + 0.009(3.676) = 0.083
Volume = (1")(0.083)(11/12")(27.94 ac.) = 0.193 ac.ft. = 8408
cu.ft.
Main Pool description 0.248 ac. of surface area
MIN. 8408 cu.ft. of storage above
pool elevation.
Main Pool Storage Volume = 32,031 cu.ft.
Fore Bay description 20% of main pool storage volume
(32, 021) (20%) = 6,406 cu.ft.
Controlled Outlet: Discharge 11,327.88 cu.ft. with 1' depth in 2
to 5 days.
Try 1-1/8' Dia. Outlet (11,327.88/172,800 = 0.066 CFS for 2 days)
Q = (0.61)(0.0069) - (2)(32.17)(1) = 0.0042 - 64.34
Q = 0.0337 CFS 111327.88/0.0337 = 336,138.87 seconds/86,400 =
3.89 days

Emergency Discharge Through Riser Box
100 Year Flow = 51.94 CFS
Use Precast 4' X 5' box with 1 ft. of flow over inlet.
Orifice Flow Q 0.402A 64.40 Wier Flow = 3.367L D^1.5
Q = (0.402)(20) (64.4)(1) Q = (3.67)(18)(1^1.5)
Q = (8.04)(8.0249) Q = 60.606 CFS
Q = 64.52 CFS
Box will accept 51.94 CFS Use 36" Barrel at 1% Slope
Rip -Rap Dissipator to handle 9.12 FPS for 25 Yr. Flow.
18 Ft. Length, 10 Ft. Width, Med. 6", Max. 9", Thick 20"
Charles H c =Davis, Jr . ,:; P
V CV-6
h

PONI MAINTENANCE REQUIREMENTS
Project Name: GLENS OF GRANDFATHER Project No.
Responsible Party:. JOE YOt?FR i Phone No. _7Q4-963-b545
Address: RT. 1, PO BOX 97� / BANNER ELK, NC 28604
I. Inspect monthly, or after every rnoff producing rainfall event, whichever comes first
A. Remove debris from the.trash rack.
i
B. Check and clear' -Me orif-Ice.of any obstructions. If a pump is used as the drawdown mechanism,
check for pump operation_
C. Check the•pond.side sT pes; remove trash, repair eroded areas before the next rainfall event_
D. If the pond -is ope
rated.. ith a vegetated filter, check the -filter for sediment accumulation, erosion
and proper operation ofr�e flow spreader mechanism. Repair as necessary.
If. Quarterly
A, Inspect the collection system (ie; catch basins, piping, grassed -swales) for proper functioning.
Clear accumulated trash from basin grates, and basin bottoms, and check piping for obstructions,
B. Pond inlet pipes:will-be checked for widercutting, riprap-will be replaced, and broken pipes will
be repaired.
C. Grassed- swales,-includi g the vegetated filter if applicable, will be reseeded twice a year as
necessary. Eroded arerepaired immediately.
111. Every 6 months i
A. Remove accumulated sediment from the bottom of the outlet structure.
B. Check -the Mond depth.ai.various:points in the pond. If depth is: reduced to 75% of original design
depth, scdiment•will be removed. to at least oriinal demon depth. _ T

OPERATION AND714A-fNNTEN—ANCB"M,, QUIRENLENTS
PAGE 2
IV. General
A- Mowing of tlie.side .1lgpes, not.Wluding norrwdly submerged ichetated sbelf, ivill bo accomplished
according to'tbC season. Mazimuril grass height will be 6",
I
B. Caltails, and other indigenous wct]aixl plalits, arc eticoumged along the pond perimeter, however they
tllust be rerliovcd w11011 they cover the Mth surface am.M of tlic pond
,
C. Tile orifice is designW-to draw down the pond'in 2-5 days. If drawdown is not accomplished in that
tune, the systom maybe clogged.'Fir, sourco of die clogging urost be found and.elhilmted,
D. All cornponi:nis of the detcnl on.poixi system will Lie kept in good working oLrlc;r.
V. Special Rcquircnrcnts I I
�� i�!_�- 1xicby aoknolvkap tli<it I am the firinrbcially
mspmisiblc party f r riairiterlritice of�fliis detention bond. I will perform the rnnuiten.uicc as outlined
above, a rt ,c Ccrtific6tio i of co'j ipJiMnec witll Stormwatcr Rcguladm.r=ived for this project.
Signnturc _ay`J llrrtc;/'
Notary Public for Uic State off `1 �� �i ,County
of� / do 1lereby � ccrtif y thttr.
e persollaIi}
appcavc,d before rirc 0).is ��_Iday of �C1&G�t, ly-q� and acluio ledge 114 due exc oution of 2x
foregoing; instlumcut. Witness my lixid and official scMl,
SfiAI.
My G0111n1issioll CXpilCs MY C0Y63 �sm 3-13"2002,

34e V1,21lew
OF GRANDFATHER
373 THE GLENS BLVD.
BANNER ELK, NC 28604
[phone]/FAX [phone]
e-mail: [e-mail]
www.theglens.com
November 22, 1999
Michael R. Parker
NCDENR
59 Woodfin Place
Asheville, NC 28801
Dear Mike;
This is the platt that was recorded in Avery County on November 18, 1999, showing the actual
location of the Townhouse buildings in relation to the Watauga River and The Shanty Springs
Branch.
We have installed all the berms and gutter piping as discussed by you and Forrest on your last
visit here November 9, 1999. Do I need to have Chuck Davis do an "as is" drawing of these
berms and piping, or will it suffice for you just to do an inspection the next time you are in the
area?
Enclosed please find a copy of the recorded Declarations of Restrictions for the Townhouses.
Happy Thanksgiving and hope to hear from you soon.

JAMES 13. HUNTJR.
GOVERNOR
w,..z .. NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
AsHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
December 17, 1999
Mr. Joe Yoder
The Glens of Grandfather
373 The Glens Blvd.
Banner Elk, North Carolina 28604
Subject: Stormwater Controls
The Glens of Grandfather
Avery County
Dear Mr. Yoder:
I have reviewed the information submitted on November
22, 1999, regarding the townhouse buildings and the
requirements necessary to comply with the High Quality Water
regulations. In order for the Division to approve the
changes in the storm water permit the following information
should be submitted:
1. Submit a drawing showing all berms and piping of
storm water to the pond. You also need to include
the buffer distances between the townhouses and top
of bank of the streams.
2. You need to indicate on a plan or by narrative form
that all future construction will be single family
residences limited to a minimum of 1 acre lots.
This is in accordance with the low density
requirements of the High Quality Waters regulations.
We consider 1 acre lots to meet the 12% built upon
area.
3. You will need to provide a site plan showing all
drainage to the storm water pond and its capacity to
accept runoff from all surfaces generated by a 1-
inch event. Also, indicate on the plan the amount of
imperious area in the high density part of the
development.
4. Once all storm water components are completed
you need to submit a certification that the
permitted facility has been installed in accordance
with the permit, approved plans and specifications
and other supporting documentation.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801-2414
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Joe Yoder
December 17, 1999
Page `i'wo
11
5. You need to submit to the Division as copy of the
recorded deed restrictions for the for the
development.
If you have questions, please call me at 704/251-6208.
T hope you have a Merry Christmas_
Sincerely,
Michael R. Parker
Environmental Chemist

Joe VCen,4
OF GRANDFATHER
373 THE GLENS BLVD.
BANNER ELK, NC 28604
[phone]/FAX [phone]
e-mail: [e-mail]
www.theglens.com
January 24, 2000
Mike Parker
NCDENR
Asheville Regional Office
59 Woodfin Place
Asheville, NC 28801
Dear Mike;
rip, 7000
I hope your Holidays were good for you and your new year is starting off well.
I apologize that is has taken me so long to respond to your requested information in your letter
dated December 17, 1999. With the holidays and bad weather it has been difficult getting the
surveyor to complete all the work needed to finalize the "as is" platt for the Townhouses.
I hope you will find everything satisfactory. I have previously submitted to your division a copy
of the recorded Deed of Restrictions for the development.
If you have any questions or need further information, please let me know.
Sincerely,
J Ydr

FILED in Awry County.
3 a 0 () 113 917 on Jul 09 1999 at 03:53:23 PM
byy: Tammy Baker
t9iotor of Deeds
DECLARATION OF RESTRICTIONS, COVENANTS AND CONDITIONS
GLENS OF GRANDFATHER TOWNHOUSES BOOK 320 PAGE M 7
THIS DECLARATION, made on the date hereinafter set forth by
Joseph H. Yoder, hereinafter referred to as "Declarant".
W I T N E S S E T H:
WHEREAS, Declarant is the fee simple owner of certain
property in Avery County, State of North Carolina, being developed
as a residential community named "Glens of Grandfather"; and
WHEREAS, Declarant desires to sell lots in Glens of
Grandfather subject to certain protective covenants, conditions,
reservations, liens and charges as hereinafter set forth;
NOW, THEREFORE, Declarant for himself, his successors and
assigns, and for his future grantees, their heirs, successors and
assigns, hereby declares that all of theproperty described on
Exhibit A attached hereto shall be held, sold, and conveyed subject
to the following easements, restrictions, covenants, conditions,
liens and charges, which are for the purpose of protecting the
value and desirability of, and which shall run with the real
property and be binding on all parties having any right, title or
interest in the described properties or any part thereof,, their
heirs, successors, and assigns, and shall inure to the benefit of
each owner thereof.
1. DEFINITIONS:
(a) "Association" shall mean and refer to GLENS OF
GRANDFATHER TOWNHOUSE OWNERS ASSOCIATION, INC., a North Carolina
non-profit corporation, its successors and assigns.
(b) "Owner" shall mean and refer to the record owner
whether one or more persons or entities, of a fee simple title to
any lot which is made a part of the properties, including contract
sellers, but excluding those having such interest merely as
security for the performance.of an obligation.
(c) "Properties" shall mean and refer to the properties
which are now or may hereafter be made subject to this Declaration
and brought within the jurisdiction of the Association.
(d) "Common Area" shall mean all real property (including
the improvements thereto) labeled as "Common Area" on the maps of
Glens of Grandfather Townhouses development and all roads and
driveways shown thereon.
(e) "Lot" shall mean and refer to any numbered plat of
land, with delineated boundary lines, shown upon any recorded
subdivision map of the properties (with the exception of the common
area) upon which is constructed, or is to be constructed, living
units with party walls.
(f) "Living Unit" shall mean and refer to any portion of a
townhome building situated upon the properties designated and
intended for use and occupancy as a residence by a single family.

BOOK 320 PAGE 398
32C�398
(g) "Member" shall mean and refer to every person or entity
who holds membership with voting rights in the Association.
(h) "Declarant" shall mean and refer to Jospeh H. Yoder,
his successors and assigns.
2. LAND USE AND BUILDING TYPE: No lot shall be used
except for single-family residential purposes. No living unit
shall be erected, altered, placed, or permitted to remain on any
lot other than one single-family townhome building with party wall
not to exceed two (2) stories in height above the basement, if any.
3. UNINTENTIONAL ENCROACHMENTS: In the event that any
living unit or parking area on a lot shall encroach upon any other
lot or the common area for any reason not caused by the purposeful
or negligent act of the living unit owner or agents of such owner,
then an easement appurtenant to such living unit shall exist for
the continuance of such encroachment upon the other lot or common
area for so long as such encroachment shall naturally exist.
4. EXTERIOR APPEARANCE AND LANDSCAPING: The paint,
coating, stain, and other exterior finishing colors on the living
unit shall not be repainted or restained, whether. in the original
color or in a different color, without prior approval of the
Declarant. The landscaping, including, without limitation, the
trees, shrubs, lawns, flower beds, walkways, and ground elevation,
shall be maintained by the Association as originally installed by
the Declarant, unless the prior approval for any substantial change
is obtained from the Declarant, its successors or assigns.
The Association shall maintain the exterior appearance
and landscaping of each living unit and paint, repair, and
otherwise care for the exterior living unit surfaces, trees,
shrubs, walks, and other exterior improvements as needed, and to
maintain and protect all common areas. No alterations, additions or
changes to the common areas may be made by any owner. Each owner
shall be responsible for replacement of windows and exterior doors,
but no changes may be made in the color or type of windows or
doors.
PARTY WAT,T.R
(a) General Rules of Law to Apply. I Each wall which is
built as a part of the original townhome building and placed on the
dividing line between lots shall constitute a party wall, and, to
the extent not inconsistent with the provisions of this paragraph,
the general rules of law regarding party walls and liability for
property damage due to negligence, or willful acts or omissions
shall apply thereto.
(b) Sharing of Repair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be shared
by the Owners who make use of the wall in proportion to such use.
(c) Destruction by Fire or Other Casualty. If a party wall
is destroyeC or damaged by fire or other casualty, any owner who
has used the wall may restore it, and if the other owner thereafter
makes use of the wall, he shall contribute to the cost of
restoration thereof in proportion to such use without prejudice,
however, to the right of any such owner to call for a larger
contribution from the other under any rules of law regarding
liability for negligent or willful acts or omissions.
SM

BOOK 320 PAGE 399
3200399
(d) Weatherproofing. Notwithstanding any other provisions
of this paragraph, an owner who by his negligent or willful act
causes the party wall to be exposed to the elements shall bear the
whole cost of furnishing the necessary protection against such
elements.
(e) Right to Contribution Runs With Land. The right of any
owner to contribution from any other owner under this paragraph
shall be appurtenant to the land and shall pass to such owner's
successors in title.
(f) Arbitration. In the event of any dispute arising
concerning a party wall, or under the provisions of this paragraph,
and within thirty (30) days thereof, each party shall choose one
arbitrator, and such arbitrators shall choose one additional
arbitrator. The decision of the arbitrators shall be rendered
within thirty (30) days of their appointment, shall be by a
majority of all the arbitrators, and shall be binding on the lot
owners. In the event the lot owners cannot agree on arbitrators as
herein provided withint thirty (30) days of the dispute, or the
arbitrators do not render a majority decision within thirty (30)
days of their appointment, Declarant shall be and become the sole
arbitrator and its decision shall be binding on the lot owners.
6. INSURANCE. Each lot owner shall maintain hazard
insurance with some reliable insurance company in an amount
sufficient to rebuild or repair the living unit presently
constructed thereon to its original condition in the event the said
unit is damaged or destroyed by fire, earthquake, Act of God, the
elements or any other cause; and by acceptance of a deed therefor
each lot owner covenants and agrees that if said living unit is
damaged or destroyed said insurance proceeds and/or other monies
shall be used to rebuild or repair said dwelling as soon as is
reasonably possible; and further covenants and agrees to annually
inform Declarant or the Association of the amount of said insurance
coverage and to increase said coverage in the event Declarant or
the Association determines the coverage to be inadequate.
7. COVENANTS FOR MAINTENANCE AND SECURITY ASSESSMENTS:
(a) Responsibility .for Maintenance and Security Services.
Prior to the conveyance of the common areas to the Association as
hereinafter provided, the Declarant shalli be responsible for
providing the services set forth in (b) bellow and for collecting
the assessments set forth in this paragraph. Upon the conveyance
of the common areas to the Association, the Association shall
thereafter provide the services set forth in (b) and collect the
assessments set forth in this paragraph.
(b) Purpose of Annual Assessments. The annual assessments
levied by the Association shall be used as follows:
(i) to maintain and repair all roads, driveways, and
walkways constructed within the common areas to the
standard as such roads and driveways were in at the
time of their completion and to maintain all
landscaping adjacent to such roads and drives and all
other landscaping located in the common areas in a
manner consistent with the overall appearance of the
development, and to maintain the detention ponds
located in the common area to standards established by
the U. S. Army Corp of Engineers.
-3-

BOOK 330 PAGE 400
3200400
(ii) to provide exterior maintenance upon each living unit
on each lot which is subject to assessment hereunder as
follows: Paint, stain, repair, replace and care of
roofs, gutters, downspouts, exterior building surfaces,
trees, shrubs, walks, and other exterior improvements.
Such exterior maintenance shall not include glass
surfaces or screens for windows or doors. In order to
enable the Association to accomplish the foregoing,
there is hereby reserved to the Association the right
to unobstructed access over and upon each Lot at all
reasonable times to perform maintenance as provided in
this paragraph.
In the event that the need for maintenance or repair of
a Lot or the improvements thereon is caused through the
willful or negligent acts of its Owner, or through the
willful or negligent acts of the family, guests, or
invitees of the Owner of the Lot needing such
maintenance or repair, the costs of such exterior
maintenance shall be added to and become part of the
assessment to which such Lot is'subject.
(iii) to maintain and repair any common. utility service
lines, including sewer lines and appurtenances, wells,
pumps and appurtenances, water lines and drainage lines
of the lots located on any lot or in the common areas;
(iv) to pay all ad valorem taxes levied against the common
areas and any property owned by the Association;
(v) to pay the premiums on
the owner of the common
insurance carried by
pursuant to its Bylaws;
all hazard insurance carried by
areas and all public liability
Declarant or the Association
(vi) to pay all legal, accounting and other professional
fees incurred by the Declarant or the Association in
carrying out the duties as set forth herein or in the
Bylaws.
(c) Creation of the Lien and Personal Obligation for
Assessments. The Declarant, for each lot, hereby covenants, and
each owner of any lot by acceptance of a deed, therefor, whether or
not it shall be so expressed in such deed, is deemed to covenant
and agree to pay the annual assessments in such amounts necessary
so as to pay for the services set forth in (b) of this paragraph
and charges and special assessments for capital improvements,
established and collected as hereinafter provided. Any such
assessment or charge, together with interest, costs, and reasonable
attorney's fees, shall be a charge and a continuing lien upon the
lot against which each such assessment charge is -made. Each such
assessment or charge, together with interest, costs and reasonable
attorney's fees, shall also be the personal obligation of the owner
of such lot at the time when the assessment fell due.
(d) Special Assessments for Capital Improvements and
Emergencies. In addition to the annual assessments authorized
above, the Declarant or after conveyance of the common areas, the
Association may levy, in any year, a special assessment applicable
-4-

BOOK 320 PAGE 401
3200401
to that year for the purpose of defraying, in whole or in part, the
cost of any construction, reconstruction, repair or replacement of
a capital improvement upon the common area, including fixtures and
personal property related thereto, sewer lines and appurtenances,
wells, pumps and appurtenances, water and drainage lines or other
utilities and the road and driveways serving the property or for
the purpose of meeting any unanticipated expenses related to the
common areas. Such special assessments may be levied only after
obtaining the written consent of the owners of at least 750 of the
number of lots subject to the Declaration.
(e) Assessment Rate
(i) Both annual and special assessments must be fixed at a
uniform rate for all lots.
(ii) The Declarant or, after the conveyance of the common
areas, the Board of Directors of the Association, shall
fix the amount of the annual assessment against each
lot at least thirty (30) days in advance of each annual
assessment period. Written �iotice of the annual
assessment shall be sent to every owner. The due dates
shall be established in such written notice.
(iii) Any assessment not paid within thirty (30) days after
the due date shall bear interest from the due date at
the maximum rate allowable by law or at the rate of
eighteen percent (180) per annum, whichever rate shall
be greater. In addition to such interest charge, the
delinquent lot owner shall also pay such late charge as
may have been theretofore established by the Declarant
or after the conveyance of the common areas, the Board
of Directors of the Association, to defray the costs
arising because of late payment. The Declarant, or
after the conveyance of the common areas, the
Association may bring an action at law against the
delinquent lot owner or foreclose the lien against the
lot. All interest, late payment charges, costs and
reasonable attorney's fees of such actions or
foreclosures shall be added to the amount of such
assessment. No owner may waive or otherwise escape
liability for the assessments provided for herein by
not using the common area or abandoning his lot.
t
(iv) The lien of the assessments provided for herein shall
be subordinate to the lien of any first mortgage or
deed of trust on a lot or any mortgage or deed of trust
to the Declarant. Sale or transfer of any lot shall
not affect the assessment lien. However, the sale or
transfer of any lot pursuant to mortgage foreclosure or
any proceeding in lieu thereof, shall extinguish the
lien of such assessments as to payments which became
due prior to such sale or transfer; provided, however,
that the Declarant or, after the conveyance of the
common areas, the Board of Directors of the
Association, may in its sole discretion determine such
unpaid assessments to be an annual or a special
assessment, as applicable, collectable pro rata from
all lot owners including the foreclosure sale
-5-

3200402 BOOK 320 PAGE 402
purchaser. Such pro rata portions are payable by all
lot owners. No sale or transfer shall relieve the
purchaser of such lot from liability for any
assessments thereafter becoming due or from the lien
thereof, but the lien provided for herein shall
continue to be subordinate to the lien of any mortgage
or deed of trust as above provided.
8. GLENS OF GRANDFATHER TOWNHOUSE OWNERS ASSOCIATION,
INC.:
(a) Membership. Every lot owner shall be a member of the
Association. Membership of a lot owner shall be appurtenant to and
may not be separated from the ownership of his lot. Furthermore,
every lot owner shall be a member of the Glens of Grandfather
Owners Association and shall pay assessments established from time
to time by said association.
(b) Voting. All lot owners (including the Declarant) shall
be entitled to one (1) vote for each lot owned. When more than one
person owns an interest (other than a leasehold or security
interest) in any lot, all such persons shall be members and the
voting rights appurtenant to said lot may be exercised as they,
among themselves, determine, but in no event shall more than one
(1) vote be cast with respect to any lot.
(c) Board of Directors. The Association shall be governed
by a Board of Directors in accordance with its Bylaws. The
Declarant shall have the right to appoint and select the initial
members of the Board of Directors, who need not be lot owners. The
Declarant shall have the right to appoint or remove any member of
the Board of Directors or any officer or officers of the
Association until such time as the first of the following events
occurs: (a) the expiration of five (5) full years after the
appointment of the initial Board of Directors, or (b) the date as
of which eighty percent (80%) of the lots which are subject to this
Declaration shall have been conveyed by Declarant to lot owners.
(d) Conveyance of Common Areas to the Association. At the
election of the Declarant, the Declarant shall convey the common
areas to the Association; provided, however, that such conveyance
must occur within ten (10) years from the date of the filing of
this Declaration. Upon such conveyance, the Association shall have
all of the rights, duties, obligations, powers, and privileges of
Declarant as set forth herein as shall be contained in said deed of
conveyance.
9. DOGS OR PETS: The Declarant and the Association may
adopt such rules and regulations concerning dogs or other household
pets as they deem advisable. However, no dogs or pets may be
allowed in the common areas unless such dog or pet is on a leash or
attended by its owner. Each owner shall be responsible for removal
of animal waste from the common area created by that owner's pet.
10. EASEMENTS: The Declarant reserves unto himself, his
successors or assigns, and the owner of each lot a perpetual,
alienable and releasable easement over, upon, across and under the
portion of each lot as is reasonably necessary for the maintenance,
installation, repair and use of the telephone, electric, water,
-6-

GOOK 320 PAGE 403
3200403
sewer and other utilities serving the lots or common area, subject
to this Declaration.
11. NUISANCE: No noxious or offensive activity shall be
carried on upon any lot or in any building thereon or in any Unit,
nor shall anything be done thereon tending to cause embarrassment,
discomfort, annoyance, or nuisance to the neighborhood. There
shall not be maintained any plants, poultry, animals (other than
household pets), exterior light or lighting, or device or thing of
any sort whose normal activities or existence is in any way
noxious, dangerous, unsightly, unpleasant, or of a nature as may
dimish or destroy the enjoyment of other property in the
neighborhood by the owners thereof.
12. GARAGES: In order to maintain the appearance of the
property, all garage doors must be kept closed unless opened to
allow entry and exit to a unit. No garage may be converted to any
other use other than vehicular storage.
13. RULES AND REGULATIONS: The Declarant or the Board of
Directors may promulgate additional rules aqd regulations governing
the use and occupancy of the lots or the use of the common areas.
All such rules and regulations shall be mailed to all owners via
first class mail, postage prepaid.
14. COMMON AREAS:
(a) Notwithstanding any recordation of any map or any other
action by Declarant or the Association, all common areas (including
the roads thereon) shall remain private property and shall not be
construed as dedicated to the use or enjoyment of the public.
(b) Each owner shall have the right to use and enjoy the
common areas which shall be appurtenant to and shall pass with the
title to his lot subject to the following:
(i) the right of Declarant or his successors or assigns to
promulgate. any and enforce reasonable regulations
governing the use of the common area to insure the
safety and rights of all owners;
(ii) the right of the Declarant or his successors or assigns
to suspend the right to use the, common areas by any
owner for a period during which 4ny assessment against
his lot remains unpaid and for a period not to exceed
sixty (60) days for any infraction of its published
rules and regulations; and
(iii) the right to the Declarant or his successors or assigns
to grant utility, drainage or other easements across
the common areas. Declarant further reserves unto
himself, his successors or assigns, a perpetual,
alienable, and releasable easement over, upon, across,
and under the common areas for the erection,
maintenance, installation, and use of electrical and
telephone poles, wires, cables, conduits, sewers, sewer
lines, water mains, and other suitable equipment, gas,
sewer, water, cable television, community television
systems, or other public conveniences or utiltiies and
Declarant, his successors or assigns may further cut
-7-

BOOK 320 PAGE 404
3ti00404
drainways for surface water wherever and whenever such
action may appear to the Declarant, his successors or
assigns to be necessary in order to maintain reasonable
standards of health, safety, and appearance. These
easements and rights expressly include the right to cut
trees, bushes, or shrubbery, make any gradings of the
soil, or to take any other similar action reasonable or
necessary to provide economical and safe utilities
installation and to maintain reasonable standards of
health, safety and appearance.
(c) Every lot is hereby conveyed a perpetual, non-exclusive
right to use any roadway which forms a part of the common area for
the purpose of providing access to and from each lot. Declarant
hereby conveys to each lot a perpetual, non-exclusive right of way
over and across all roads and streets through the Glens of
Grandfather development for access to each lot.
(d) Declarant reserves a perpetual easement of ingress,
egress and regress over, upon, across and under the common areas
for the purpose of constructing, maintaining, inspecting and
repairing the roads, driveways, utilities and drainage areas built
or located in the common areas. This easement includes the right
to disturb the structures, if any, located in the common areas in
order to inspect, maintain and repair any road or utility facility
located within or beneath such structures.
(e) No structure, planting or other material shall be
placed or permitted to remain in the common areas which may
interfere with the installation or maintenance of sewage disposal
facilities and other utilities, or which may change the direction
of flow, or which may obstruct or retard the flow of water through
the drainage channels.
15. ENFORCEMENT/SEVERABILITY: In the event of a violation
or breach of any of these restrictions by any property owner or
agent or agent of such owner, the Declarant, the Association, or
any non -breaching owner, or any of them jointly or severally, shall
have the right to proceed at law or in equity to compel a
compliance to the terms hereof or to prevent the violation or
breach of such terms by any owner or agent. In addition to the
foregoing, Declarant or his' assigns shall have the right, whenever
there shall have been built on any lot any structure which is in
violation of these restrictions, to enter uRon the property where
such violation exists and summarily abate or remove the same at the
expense of the owner, if after thirty (30) days written notice of
such violation, it shall not have been corrected by the owner. Any
such entry and abatement or removal shall not be deemed a trespass.
The failure to enforce any right, reservation, restriction or
condition contained in this deed, however long continued, shall not
be deemed a waiver of the right to do so hereafter, as to the same
breach or as to a breach occurring prior or subsequent thereto and
shall not bar or effect its enforcement. The invalidation by any
Court of any restrictions contained in this Declaration of
Restrictions shall in no way affect any of the other restrictions,
but they shall remain in full force and effect.
16. DURATION AND AMENDMENT: All of the covenants,
restrictions and servitudes set forth herein shall run with the
-8-

320040S BOOK 320 PAGE 405
land. All owners affected hereby, by accepting the deed to such
premises, accepts the same subject to said covenants, restrictions,
liens, charges and servitudes and agrees for himself, his heirs,
legal representatives, administrators, and assigns, to be bound by
each of said covenants, restrictions, and servitudes jointly,
separately, and severally. These covenants shall be in effect
until July 6, 2019 , and shall be automatically extended for
successive periods of ten (10) years each unless the owners of not
less than one hundred percent (100%) of the lots agree to terminate
or modify the same in writing signed and recorded in Avery County,
North Carolina, Public Registry at any time prior to the expiration
of said term or any succeeding ten-year period, provided that no
amendment shall alter any obligation to pay ad valorem taxes or
assessments for improvements as herein provided, or affect any lien
for the payment thereof established herein. No amendment shall be
made which substantially affects the rights of a record mortgagee
or of Declarant or his successors or assigns without the prior
written approval of the said affected party.
Notwithstanding anything herein to the contrary, Declarant
and his successors and assigns shall have the absolute right in his
discretion to amend this Declaration in order to include additional
lots and common areas, and to make all such other amendments as may
be necessary, proper, or convenient to effectuate the inclusion of
said additional lots and common areas. Each lot owner and
mortgagee and each other person having any interest in a lot shall
be deemed by having accepted said interest, to have consented to
each such amendment, and shall be deemed to have thereby granted to
Declarant and Declarant's successors and assigns an irrevocable
power of attorney, coupled with an interest, to make such
amendments from time to time.
IN WITNESS WHEREOF, the Declarant has caused this instrument
to be executed this the 6th day of July /1�999.
(SEAL)
J s . Yoder
STATE OF NORTH CAROLINA
COUNTY OF WATAUGA I
l
I, Ann A. Shore , a Notary Public do hereby
certify that Joseph H. Yoder personally appeared befofe me this day
and acknowledged the due execution of the foregoing instrument for
the purposes therein expressed.
Witness my hand and notarial seal, this the 6th day of
July 1999.
� (SEAL)
Notary Public
oFFicuu sE'L
y. s bIoltAqro1&De1M pnly
ANN A SHORE
0 1 Any PUBLIC NORTH CAROLINA Y
My Commission Expires 1-19-2002 AVERY COUNTY J OFFICE OF REGIST ER 0t' 'm_ .',--':
FO 'TINGCERT. OR ANNEXED CERT. OF
hn Jhd 9 N.1
OF SAID CO., & STATE IS CERTIFIE1 TO is 0_',n F_GT
FILED FOR REGISTRAnoN AT YS3 _:� CLCCK p h`
ON THE 'D riNt or S 0
AND REGISTERED IN THIS -
�..� AT PAGE TI­1IS 7l4'.I_ W
DAYOF �)���I 99 C� _
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' -

3' 00406
Parcel Description
EXHIBIT "A"
BOOK 320 PAGE 406
A 1.628 acre parcel
being situated on Shanty Ridge Lane
N . a privately maintained drive within the
Glens at Grandfather Development 0.1 mile north
of the intersection of Shanty Ridge Lane N
with Glens of Grandfather Boulevard;
being a portion Joseph H. Yoder parcel
per Deed Book 296/1279 (Avery County
Registry);
being the same as shown on Plat 98019-
TH1 prepared by David K. Stem, RLS No. L-
1301, 475 Church Hollow Road, Boone, NC
28607, entitled:
Parcel Survey For
Townhouses 1 & 2
At
Glens of Grandfather
Townhouse #1 at Glens of Grandfather
Linville Township, Avery County, NC
Surveyed January 20, 1999
And being more particularly described
with bearings relative to NC grid north (1927
NAD) as:
Beginning on a point of reverse curve in
the northern street (cul-de-sac) line of Shanty
Ridge . Lane N. said point being anew comer
to the Joseph H. Yoder parcel per Deed Book
296/1279;
being referenced (radial)
(Ref 1) S 23'47' West 375.67 feet from
a'/." iron set 1/99 for the rear corner to Lots 6 &
7 of Glens of Grandfather; and
(Ref. 2) S 4631 E 62. 69 feet from
a well located within the cul-de-sac)
thence from the beginning and with new
lines to Joseph H. Yoder running along the
northern margin of the cul-de-sac
a curve to the left having a radius of 50.00 feet
an arc length of 159.85 feet with a chord of
(1)South 87'53' West 99.96 feet to
a point in the western margin of the cul-de-sac;
thence
(2)North 71002' West 200.21 feet to
a point in the center of Watauga River, comer to
Yoder in the line of the Robert A. Mitchell parcel;
thence with lines to Mitchell running
down and with the center of Watauga River (2
courses)
(3)North 21o38' East 146.41 feet and
(4)North 54021' East 68.26 feet to
a point in the river, comer to Mitchell and the
Chester Baran, Jr. parcels per Deed Book
102/0389 and 121/1439;
thence with lines to Baran continuing
down and with the center of the River (2 courses)
(5)North 65'44' East 152.10 feet and
(6)North 45e14'00" East 106.27 feet to
a point in the river, anew comer in the Baran line
to Yoder;
thence leaving the river and with new
lines to Yoder
(7)South 2e38' East 192.60 feet to
a point;
thence
(8)South 13e19' West 187.28 feet to
the point of Beginning;
containing 1.628 acres
Drafted March 8, 1999 by David K. Stern, PLS #L-1301, 475 Church Hollow Road, Boone, NC 28607, Tel. [phone]
This description is based on the surveyors examination of February 1999 records to this parcel and to the abutters parcels (per tax map data) and
on information ascertained by survey, inspection, and research. This description should be supplemented by reservations or s created b the
parties to this transaction and by information ascertained during historical research by the examining attorn

F NORT AROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
WATER QUALITY SECTION
October 28, 1999
Certified Mail
Return Receipt Requested
Mr. Joseph Yoder
Glens of Grandfather Subdivision
Route 1, Box 974
Banner Elk, North Carolina 28604
Subject: Notice of Violation
Glens of Grandfather Subdivision
Permit No. SW1980301
Avery County
Dear Mr. Yoder:
On October 19, 1999, Mr. Mike Parker, of this
Division's Water Quality Section, conducted an inspection of
the construction areas at the Glens of Grandfather
Subdivision and the area around the stormwater pond. Based
on that visit and review of Stormwater Permit No. SW19809301
it has been determined that you are in violation of the
following terms and conditions of the permit:
1. Section II.l.a., by not constructing the
stormwater management system in its entirety.
Specifically failing to construct the catch
basins, swales or piping to direct stormwater to
the pond.
2. Section II.3., by not submitting the required
certification.that the permitted facility has been
installed in accordance with the permit, approved
plans and specifications, and other supporting
documentation prior to completion of construction
and occupancy of the townhouses.
3. Section II.B., for failing to submit to the
Division a copy of the recorded deed restrictions
within 30 days of recording the plat.
Failure to construct the approved stormwater facilities
may result in this office recommending enforcement actions
to be taken against you.
INTERCHANGE BUILDING, SO WOODFIN PLACE, ASHEVILLE, NC 26601-2414
PHONE 828-2S1-6208 FAX [phone]S2
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER

Mr. Joe Yoder
October 28, 1999
Page Two
It is requested that you respond in writing within 15
days of receipt of this notice, stating what actions you
will take to correct these violations. Also, you should
indicate when the stormwater conveyance system will be
constructed. .
If you have questions, please call Mr. Mike Parker at
828/251-6208.
Sincerely,
;orWrest R. Westall
Regional Water Quality Supervisor
xc: Tom Burleson, Avery County Inspections
Winston Salem Regional Office
^.Mike. —Parker

AVERY COUNTY INSPECTIONS AND PLANNING DEPARTMENT
P.O. BOX 596
NEMAND, NC 28657
TELEPHONE: [phone]
September 30, 1998
Mr. Charles A Davis, Jr.
Box 1691
Hickory, N. C. 28603
FAX. [phone]
Subject. Glens of Grandfather Stop Work Order On High
Portion of Development
gear Mr. Davis,
r f t
This letter is to notify you that the Glens of Grandfather Sub-
division is in violation of the Avery County Subdivision ordinance,
section 308, paragraph 2, sub -section b, which applies to water
supply andlor sewage disposal systems. The Avery County
Commissioners, at this time, has only approved the 29 lots of greater
than one (1) acre, low density portion of the subdivision. (Copy of
motion enclosed). The high density portion of the subdivision, at
the present time, does not have an approved system to handle the
waste water. If you are going with a ground absorption system, this
must be approved by the Toe River Health District and the system
layouts submitted to the Avery County Planning and Inspections
Department to be reviewed by the Planning Board and approved btu the
Board of the Avery County Comnissi oners.
77-,& Avery County Planni179 and Inspections Oepar:-2nent has been in
contact with the North Carolina Department of Environment and Natural
Resources (NCDENR) and the consensus is that due to the fact the
subdivision is unable to receive a NPOES Permit or to covn6ine with an
existing NPOES permi tted waste -water treatment plant; that you will
need to resubmi t your Storm Water Control Plan to the NCOENR and show
the removal of the waste water treatment plant and give an accurate
nwaber of townhouses you will be able to build wi th ground absorption
systems (waste treatment) with an accurate plat reflecting these
changes.
Avery County, at no time, has approved the high density portion of
the subdivision and any land disturbing activity in relationship with
the high density portion of the subdivision. To proceed with this
activity will be in violation of Avery County Is Subdivision Ordinance
and the Avery County Soil Erosion and Sedimentation Control
Ordinance. Mr. Davis as engineer of record and upon discovery of any
and all violations, the "Notice of Violations" will be issued to you.
This letter is to notify you that the Glens of Grandfather Sub-
division is in violation of the Avery County Subdivision ordinance,
section 308, paragraph 2, sub -section b, which applies to water
supply andlor sewage disposal systems. The Avery County
Commissioners, at this time, has only approved the 29 lots of greater
than one (1) acre, low density portion of the subdivision. (Copy of
motion enclosed). The high density portion of the subdivision, at
the present time, does not have an approved system to handle the
waste water. If you are going with a ground absorption system, this
must be approved by the Toe River Health District and the system
layouts submitted to the Avery County Planning and Inspections
Department to be reviewed by the Planning Board and approved btu the
Board of the Avery County Comnissi oners.
77-,& Avery County Planni179 and Inspections Oepar:-2nent has been in
contact with the North Carolina Department of Environment and Natural
Resources (NCDENR) and the consensus is that due to the fact the
subdivision is unable to receive a NPOES Permit or to covn6ine with an
existing NPOES permi tted waste -water treatment plant; that you will
need to resubmi t your Storm Water Control Plan to the NCOENR and show
the removal of the waste water treatment plant and give an accurate
nwaber of townhouses you will be able to build wi th ground absorption
systems (waste treatment) with an accurate plat reflecting these
changes.
Avery County, at no time, has approved the high density portion of
the subdivision and any land disturbing activity in relationship with
the high density portion of the subdivision. To proceed with this
activity will be in violation of Avery County Is Subdivision Ordinance
and the Avery County Soil Erosion and Sedimentation Control
Ordinance. Mr. Davis as engineer of record and upon discovery of any
and all violations, the "Notice of Violations" will be issued to you.

Charles A. Davis, Jr.
Page 2
I will be on the si to October Sth. 1998 around 1: GG p.m. and
accompanying me will be Mr. David Baker, representing the U.S. Army
Corp of Engineers-lUilmington District, also, Mr. Joe Alicketr
representing the North Carolina Wildlife Resources Conmission and a
representative from the NCDENR Water Quality.
I again emphasize that the high density portion of the Glens of
Grandfather have not yet been approved by the county. Please bring
your application up to date if you cent to proceed with the high
density option.
Sincerely,
Tam Burleson, Director
Avery County Inspections S Planning Dept.
Enclosures: 1
cc: Roy Davis
Joe Yoder
Don Baker
Doug Hall
Mike Parker.
David Baker
Joe Mickey

Legislative Briefing
Don advised that the Legislative Briefing for Commissioners will be held in Raleigh
on June 3, 1998 and that he will be attending, along with three Members of the Board.
Approval of Subdivisions - David Poore & David Huskins
David Poore advised that 3 subdivisions have been brought before the Planning Board
for approval of the.Cowd ssioners.
Glens of Grandfather Subdivision- This subdivision is located un liwy. 105, almost in
Watauga County. Stormwater Mgmt. Permit has been approved by the State. The project
will be in 2 phases consisting of 29 lots of at least 1 acre each. They have a sixty
foot right of way and have turned in their Erosion & Control Plan. Financial responsi-
bility form has been turned in as well. This subdivision has been changed from the
original lay -out. It was originally a high -density subdivision, but Clue to restric-
tions placed upon Mr. Yoder by the NC Dept. of Enviroiunent & Natural Resources, due to
high quality water that he would be impacting, Mr. Yoder has dropped the density from
1/2 acre lots to 1 acre lots. Mr. Yoder has been very cooperative. This Subdivision
has been approved by the Planning Board. Watauga County will request that we do the
inspections since we have 90% of the development within our County.
Motion by Dan Vance to approve the Glens of Grandfather Subdivision as presented.
Motion seconded by Clay Houston and unanimously approved.
Altamont Acres Subdivision
This project is at Linville Falls and is being done in two phases. The first phase
will be 4 lots in 42.82 acres. The second phase will be 10 lots in 92.88 acres. There
is a 64 ft. dedicated right of way into the development, and 60 ft. is all that the
Subdivision•'Ordinance requires. No erosion control plan is required and none has been
submitted. They are using an old road for their access. The road starts at the head
of Brushy Creek and comes up to Linville Falls. There will be very little grading. If
they get near the 1 acre disturbed, we will request a Sediment and Erosion Control
Plan, Poore said. The owners are Larry Sale and Cheryl Green from North Wilkesboro,
NC. Financial responsibility form has been turned in. These people are friends of the
Cranberry Creek developer, so this project will be an upscale project and similar to
Cranberry Creek project. The Planning Board has approved this project.
The owners have assured that their lots will not be subdivided into anything less
than 5 acre tracts, Poore said.
Discussion on the fact that this property joins Avery County's Solid Waste property
at Brushy Creek. Sam was concerned that the owners might at some point try to say that
our transfer station is damaging their development. David Huskins said he didn't think
that would happen, that the Brushy Creek part is the last phase of their development.
They knew the transfer station was there when they started this project anyway, Poore
said. Sam asked why the County and the Planning Board requires a 60 ft. right of way
when the State only requires a 50 ft. right of way. Poore said he doesn't know why,
L_.L 4 S. 1 .-. 4 - o..L.a:...* -4 -- n -A4 - - - - - ..41, -'k I- enfnr..o 11i -1cci nn

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
OALTIKXA 4 • •
rn
ID E
November 24, 1997
Mr. Joseph Yoder
The Glens at Grandfather
9189-B2 Highway 105 South '
Banner Elk, North Carolina2&604 �
NFOEC
uI11;
Dear Mr. Yoder:
' IV
D"I)
EC - 4 1997
eturn of Application
eturn No. 898
he Glens at Grandfather
Watauga County
The Division received your latest information submittal dated October 9, 1997 and is
returning the application package. Included in the most recent information package were
letters from the Board of Directors of Smoketree Lodge and Adam's Apple developments in
which they stated they were 'interested' in connecting to the proposed Glens at Grandfather
wastewater treatment facility should it become available. The analysis for the proposed
Glens at Grandfather wastewater treatment facility assumes that Smoketree Lodge and
Adam's Apple will connect to it. However, there is no firm commitment from either of these
two facilities stating that they will connect. Thus, there is no justification for the proposed
wastewater treatment facility unless these two facilities connect to it. -
The Division of Water Quality supports regionalization of wastewater treatment
facilities and encourages (when possible) the connection of smaller package plants to larger
facilities with more advanced treatment. However, the Division will not permit a facility to
discharge that 'may' have other facilities connecting to it.
If the Applicant resubmits the application, a fee will not be necessary and the
Division will reinitiate ieview upon receipt of a complete application package. Please submit
a copy of this letter with any resubmittal.
If you have any questions, please contact Paul Clark at (919) 733-50.83, ext. 58Q. . .
Sincerely,
Preston HZward ., P.E.
cc: Winston-Salem Regional Office, Water Quality Section
Asheville Regional- Offic_e; -Water Quality-_ Section - - -
Central Files
Chuck Davis Jr., Atlantic Plan Engineering Consultants
Post Office Box 1691
Hickory, North Carolina 28603
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Card Tina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Joseph Yoder
The Glens at Grandfather
9189-B2 Highway 105 South
Banner Elk, North Carolina 28604
Dear Mr. Yoder:
0
N15TA
'T
C)EHNF=1
October 6, 1997
e
Subject: DES Permit Application
Perriiit No. NC0086177
Glens at Grandfather
Avery County
Watauga County
The Division of Water Quality/NPDES Unit received your application and supporting
information on June 27, July 15, and August 19, 1997. Charles Davis (Atlantic Plan
Engineering Consultants) and Paul Clark (Division of Water Quality) have discussed the
application on several occasions and agreed that the following additional information_ is
needed to complete the package:
- Itemization of cost of wastewater treatment plant with surface water discharge.
- Examination of spray irrigation and drip irrigation alternatives.
- Letters from responsible parties of Smoketree Lodge and Adam's Apple stating that they
will connect to the Glens at Grandfather wastewater treatment facility when it becomes
operational.
Refer to the subject permit application number when providing the requested
information. Please submit three copies of all information to my attention at
the address below. Also, please note that failure to provide this additional information
by October 24, 1997 (30 days following last discussion between Charles Davis and Paul
Clark), will subject your application to being returned as incomplete, in accordance with 15A
NCAC 2H .0208.
Sincerely,
David A. Goodrich, Supervisor
NPDES Group
cc: MA ifle'2R-46nal Office �Wate Qual ty eetian>
Winston-Salem Regional Office, Water Quality Section
Permit File NCO086177
Charles H. Davis, Atlantic Plan Engineering Consultants
P.O. Box 29535, Raleigh, North Carolina 27.626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

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State of North C&,,,,,na
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 20, 1997
Mr. Joseph Yoder
The Glens at Grandfather
9189-B2 Highway 105 South
Banner Elk, North Carolina 28604
Subject: NPDES Permit Application
Permit No. NCO086177
"Glens at Grandfather
Avery County
Watauga County
Dear Mr. Yoder:
This is to acknowledge the receipt of the following on June 27, July 15, and August 19,
1997:
- Application Form and supporting information.
- Application Processing Fee Of $400.00
This application has been assigned to Paul Clark [phone], extension 580 of our
Permits Unit for review. You will be advised of any comments, recommendations,
questions or other information necessary for the review of the application.
Copies of the application package have been sent to the Asheville and Winston-Salem
Regional Offices where staff personnel will prepare recommendations regarding this
proposed discharge. Two regional offices are involved in the review of the proposed project
because it would be located in Avery and Watauga counties which are the responsibility of
the Asheville and Winston-Salem regional offices, respectively. If you have any questions,
please contact Paul Clark.
Sincerely,
i
David A. Goodrich, Supervisor
NPDES Group
cc: �Ashevil°le;Regional Office, Wat r—QQuality Sectio-
Winston-Salem Regional Office, Water Quality Section
Permit File NCO086177
Charles H. Davis Jr., Atlantic Plan Engineering Consultants
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

OIap 9/�°J
July 10, 1997
David A. Goodrich, Supervisor
NPDES Group
PO Box 29535
Raleigh, NC 27626-0535
u�
Dear Mr. Goodrich,
In keeping with your letter of July 9, 1997, concerning t e
Glens at Grandfather WWTP, Watauga county, requesting the followi`t1g
items to complete the application le.:
(1) Original application form signed by the owner of the
proposed facility.
(2) Letter from the facility owner designating Atlantic Plan
Engineering Corp. as an authorized representative of the
owner.
The original application form properly signed is enclosed.
This letter authorizes Atlantic Plan Engineering Corp. as my
representative on this project. The application is submitted along
with the $400 fee.
Please expedite this as much as possible, we hope to have the
WWTP in place by late fall so that tie ins can begin in early
spring. Our working seasons are so very short here in the
mountains.
Yours Truly,
ose h de
Owner
S�� (-9v 2GV6'12Se

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E.; Director
Mr. Charles H. Davis, Jr.
Atlantic Plan Engineering Consultants
P.O. Box 1691
Hickory, North Carolina 28603
V2�
Dear Mr. Davis:
July 9, 1997
r
Subject: Return of Incomplete Application
The Glens at Grandfather WWTP
Watauga Count),
In accordance with Division policy, we must hereby return as incomplete the attached application and
associated material received on 27 June 1997. It lacks the following items:
• Original application form signed by the owner of the proposed facility
• Letter from facility owner designating Atlantic Plan Engineering Consultants as an Authorized
Representative of the owner
After you have obtained the items listed above, you may resubmit your application for review. Please
submit all the items returned to you and the items listed above in one package. If you have any questions,
please contact Charles Weaver of my staff at [phone], extension 511.
Sincerely,
David A. Goodrich, Supervisor "
NPDES Group
cc: NPDES File
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled / 10% post-consurner paper

June 13, 1997
ALTERNATIVE SYSTEMS
(1) The Glens at Grandfather
(2) Adams Apple
( 3 ) Smoketree ' - -
Known.as the: GAS SYSTEM
GIVEN:
Glens - Plant Design Capacity for 100 housing units is 28,200
gpd
NPDES Application Capacity = 29,000 gpd.
Adams Apple - Plant Design Capacity 15,000 gpd
NPDES Permit NC 0042358 20,000 gpd.
Smoketree - Plant Design Capacity 10,000 gpd.
NPDES Permit - NC 0049124 21,000 gpd.
TOTALS - GAS
Plant Design Capacity 53,200 gpd.
NPDES Permit Requested 70,000 gpd.
ACTUAL USE:
Glens - Projected actual Flow - 8,000 gpd
s Adams Apple - Daily Flow - 71000 gpd gal/day
Smoketree - Daily Flow - 5,000 gpd gal/day
GAS Actual Use = 20,000 gpd.
This is 29% of the NPDES Permit amount.

1st Alternative
With the combination of these wastewater producers into a single
plant the request should be for an NPDES Permit of 70,000 gpd; but
based on current sewer flows . of 20,000 gpd a plant of this size
ie., 70,000 gpd would be most.inefficient. Based on usage a plant
of 21,000 gpd would be adequate; however it is proposed that this
be doubled to 45,000 gpd and arranged so that 45,000 gpd can be
added side by side. Included herewith is the first proposed
alternative system which is a 45,000 gpd wastewater treatment plant
to replace three (3) separate plants and those discharge points the
plant will discharge into a 7.>Q10 of 3.6 cfs dated June 12, 1997
at the discharge point on the Watauga River shown on the attached
map.
The Second Alternative is for subsurface disposal.
Existing and Proposed Plant Capacity = 53,200 gpd
NPDES PERMIT CAPACITY 70,000 gpd.
Soil Application Rate in the Area = .4 gpd/Sq. Ft. from the Avery
County Health Dept., Lee Clark, Sanitarian.
(1) Normal Sub -Surface System
Trench Width 3 feet.
Existing (& Proposed)
53,200 gpd 0.4 gpd/Sq.. Ft.=,133,000 Sq.Ft. (3) ft =
44,333 L.Ft.
369 Laterals @ 120 L.Ft./91o.c., Area 3312' x 120'
Permit = 70,000 gpd 1 0.4 gpd/sq ft = 175,000 Sq.Ft. ; 3 ft
= 5$, N33 L.Ft.
486 Laterals @ 120 L.Ft./91o.c., Area 4265' x 120'
(2) Large Pipe Graveless System
Existing & Pro ose )
gp gp /5q.. Ft. = 133,000 Sq.Ft. ; 2 ft = 66,500
L.Ft.
554 Laterals @ 120 L.Ft./6' o.c., Area 3318' x 120'
Permit 70,000 gpd 0.4.gpd/sq ft = 175,000 Sq.Ft. 2 ft =
87,500 L..Ft.
729 Laterals @ 120 L.Ft./61o.c., Area 4368' x 120'

(3) Panel S stem
Existin & Proposed)
53,200 0.S . Ft. = 133 000 S Ft. 3 ft = 44
gpd 4 � �%q ► q 333 • ,
L.Ft.
44,333 L.Ft. x 0.5 area reduction = 21,167 L.Ft.
176 Laterals @ 120 L.Ft./9'o.c., Area 1575' x 120'
Permit = 70,000 gpd ; 0.4.gpd/sq ft = 175,000 Sq.Ft. 3 ft =
58,333 L.Ft.
58,333 L.Ft, x 0.5 area reduction = 29,166 L.Ft.
243 Laterals @ 120 L.Ft./91o.c., Area 2178' x 120'
The First Alternative is for a Single Wastewater Treatment Plant
With the combination of these wastewater producers into a
single plant the request should be for an NPDES Permit of
70,000 gpd; but based on current sewer flows of 20,000 gpd a
plant of this size ie., 70,000 gpd would be most inefficient.
Based on usage a plant of 21,000 gpd would be adequate;
however it is proposed that this be doubled to 45,000 gpd and
arranged, so that 45,000 :gpd can be added side by side.
Included herewith is the first proposed alternative system
which is a 45,000 gpd wastewater treatment plant to replace
three (3) separate plants and three (3) discharge points the
plant will discharge into.a 7Q10 of 3.6 at the discharge point
on the Watauga River shown on the attached map.
The 45,000 gpd Wastewater Treatment Plant will cost
$120,600.00 installed, ..not including engineering; but
including land cost at $18,000.00 for one acre of stream side
land.
I

The cost of construction of a Normal system will be $1,800 per
average 3 bedroom house, or $180,000 on mountain terrain, for a 100
unit development. Theland cost in this area for the minimum
system would be 19.77 Acres x $18,000/Ac = $355,860. Total
$535,860.
The cost of construction of.a Large.Pipe Graveless system will
be $1,500 per average 3 bedroom house, or $150,000 on mountain
terrain, for a 100 unit development. the land cost in this area
for the minimum system would: be 19.80 Acres x $18,000/Ac =
$356,400. Total $506,400.
The cost of construction ofa Panel system will be $3,000 per
average 3 bedroom house, or $300,000 on mountain terrain, for a 100
unit development. The land cost in these area for the minimum
system would be 9 Acres x $18,000/Ac = $162,000. Total $462,000.
The minimum cost (value) for a system to serve existing and
proposed conditions is $462,0000 for a Panel system, which is the
most expensive to install, but covers the least land area.
All of these cost were prepared in consultation with the
Appalachian Regional Health Department in Boone, NC, where an
indepth knowledge of regional sewer costs has been gained through
experience over a number of years.
W1011 M VP..aj,w
N CARD Gd
E1e3"R. SPAS, IV.- P.E.
N�. 9 0 3 "- '
°• Q �•'
p�o� .59•.;cNGINE�

GAS
Evaluation of Wastewater Disposal Alternatives
A. General Information
(1) Facility Name: GAS -.The Glens at Grandfather
Adams Apple
Smoketree
(2). County: Watauga
(3) Facility Address:
Joseph Yoder
918 2-B2 HWY 105 South
Banner Elk
North Carolina
28609
(4) Preparer's Name: Charles H. Davis, Jr., P.E.
(5) NC 2903
(6) PO Box 1691
Hickory, NC 28603
[phone]
4

GIVEN:
System to be 10 Ft. from Property Line
100% Repair Area Required.
(1) Normal Sub -Surface System
Existing (& Pro os�ed)
331120(3:3I2, x 130' ) .= 430,560 Sq.Ft. x 2 repair =
861,120 Sq.Ft.
861,120 Sq.Ft. : 43,560 Sq.Ft./Acre = 19.77 Acres = >20 Acres
Permit 4265' x 120' (4265' x 1301) = 554,450 Sq.Ft. x 2
repair = 11108,900 Sq.Ft. 43,560 Sq.Ft./Acre = 25.46 Acres
_ >26 Acres.
(2) Large Pipe Graveless System
Existing (& Proposed)
3318' x 120' (3318' x 130') = 431340 Sq.Ft. x 2 repair =
862,680 Sq.Ft.
862,680 Sq.Ft.-
{ 43560 Sq.Ft/Acre = 19.80 Acres = >20 Acres.
Permit . 4368' x 120' (4368' x 1301) = 567,840 Sq.Ft. x 2
repair .= 1,135,680 Sq.Ft. : 43560 Sq.Ft./Acre = 26.07 Acres =
<26 Acres
(3) Panel System
Existing (& Proposed) -
1575' x 120' (1575' x 1301) = 204,750 Sq.Ft. x 2 repair =
409,500 Sq.Ft.
�
409,500 Sq.Ft.- 43560 Sq.Ft./Acre = 9.40 Acres <9 Acres
Permit = 2178' x 120' (2178' x 1301) = 283,140 Sq.Ft. x 2
repair = 566,280 Sq.Ft.
566,280 Sq.Ft. 43560 Sq.Ft./Acre = 13.00 Acres = 13 Acres
I

Description of Facilities prepared to be served by the WWTP at the
Glens at Grandfather.
Project Served: The Glens at Grandfather will be a single family
and multifamily condominium development.
100 residential units producing 28,200 gpd.
Future Development Plans:
None of the 100 units is for a complete build out.
Based on the daily flow in adjacent developments the daily flow
from this development should be 8000 gpd.
Description of Facility served by the WWTP at Adams Apple.
Project Served:
Tennis Complex with multifamily condominiums and single family
houses has:
53 residential units x 240 gpd = 12,720 gpd
It could go to 65 units with 12 unsold lots = 15,600 gpd
At present the daily flow is 3000 to 5000 gpd., lets expand this to
7000 gpd for calculation purposes.
The WWTP has a 15,000 gpd capacity and upgrading is anticipated at
its next recertification.
Future Development Phase:
65 units with the development of 12 unsold residential lots x 240
gpd = 15,600 gpd.

Description of Facilities served by the WWTP at Smoketree
Project Served: Smoketree Condominiums with -Indoor Swimming Pool.
46 residential units x 240 gpd = 11,040 gpd
Swimming Pool:
3 people x 46 = 138 people x 10 gal/pers-on = 1,380 gpd
12,420 gpd
At present the daily flow is 4000 gpd, let's expand this to 5000
gpd for calculation purposes.
The WWTP has a 10,000 gpd capacity and is on a stream with a >Q10
of 0. This WWTP must be upgraded at its next recertification.
Future Development Plans:
66 residential units x 240 gpd = 15,840 gpd
3 people x 66 = 198 people.x 10 gal/person = 11980 gpd
17,820 gpd
i

TABLE OF CONTENTS
GAS - WWTP
(1) Application for Permit to Discharge Form
(2) 2A Local Government Review
2B Evaluation of Wastewater Disposal Alternatives
2C Detailed Description of Existing Facilities
(3) 3A Description of Facilities prepared to be served by the WWTP
at The Glens at Grandfather
3B Description of Facility served by the WWTP at Adams Apple
3C Description of Facility served by the WWTP at Smoketree
3D
(4) 4A
4B USGS Flow Characteristics
(5) 5A
(6) 6A The Sketch Plan for the 45,000 gpd plat
(7) 7A General location map, orientation of the facility to
numbered roads and to streams, two geographic reference.
(8) 8A A scale location plan of the site showing location of the
proposed WWTP (and existing pick-up points on replaced Adams
Apple Plat and Smoketree Plat) and the proposed point of
discharge.

THE GLENS AT GRANDFATHER
Description of Facility served by Wastewater Treatment Plant
Project Proposed to be Served: The Glens Subdivision
Multifamily Condominiums
40 - 2 Bedrooms = 40 x 240 gpd = 91600 gpd
Cabins
10 - 2 Bedrooms = 10'x 240 gpd = 21400 gpd
10 - 3 Bedrooms = 10x 240 gpd = 21400 gpd
10 x 120 gpd = 11200 gpd
Single Family
35 - 3 Bedrooms 35 x 240 gpd = 8,400 gpd
35 x 120 gpd = 41200 gpd
12,600 gpd
Total Complete 28,200 gpd
Based on the daily flow in the adjacent developments the daily flow
from this development should be 8,000 gpd.
0

ADAMS APPLE
Description of
Facility
Served
by
the Wastewater Treatment Plant
Project served
at present:
Adams
Apple Tennis Complex
Principally
Multifamily
Condominiums
10
Efficiency Units =
10
x
240
gal/day =
2,400
gal/day
6
- 1 Bedroom
Unit =
6
x
240
gal/day =
1,440
gal/day
1
- 1 Bedroom
Unit =
1
x
240
gal/day =
240
gal/day
15
- 2 Bedroom
Units =
15
x
240
gal/day =
31600
gal/day
13
- 3 Bedroom
Units =
13
x
240
gal/day =
3,120
gal/day
+13
x
120
gal/day =
11560
gal/day
1
- 3 Bedroom
Units =
1
x
240
gal/day =
240
gal/day
+ 1
x
240
gal/day =
240
gal/day
2
- 4 Bedroom
Units =
2
x
240
gal/day =
480
gal/day
+ 2
x
120
gal/day =
240
gal/day
2
- 4 Bedroom
Units =
2
x
240
gal/day =
480
gal/day
.+ 2
x
120
gal/day =
240
gal/day
2
- 3 Bedroom Houses =
2
x
240
gal/day =
480
gal/day
+ 2
x
120
gal/day =
240
gal/day
1
- 3 Bedroom House =
1
x
240
gal/day =
240
gal/day
+ 1
x
120
gal/day =
120
gal/day
Total Existing Units = 15,360 gal/day
Future Development Phase:
12 Lots = 12 x 240 gal/day = 2,880 gal/day
+12 x 120 gal/day = 1,440 gal/day
Total Expansion = 4,320 gal/day
Ultimate Total = 19,680 gal/day
Actual Daily Flow: 7,000 gal/day

CIiARLES H. DAVIS, JR.
ATLANTIC PLAN ENGINEERING CORPORATION
ENGINEERING AND PLANNING CONSULTANTS
Box 1691 HICKORY, NORTH CAROLINA 28603
704-327-2621
June 25, 1997
CHARLES H. DAVIS, JR., P.E.
PRESIDENT
Ms. Collen Sullins, Supervisor
Permits and Engineering Section
Division of Environmental Mgmt.rn
PO Box 29535
Raleigh, NC 27G2G-0535
1
M-1
RE: Letter of Application for -Joe Yoderice?
The Glens at Grandfather
Wastewater Treatment
Dear Ms. Sullins,
--4
There follows a combination of three WWTPs on the Watauga River
to
eliminate two (2) existing plants which are tor require upgrading
and replace them with a third plant at one discharge point
as a
first alternative.
Subsurface disposal in three (3) configurations has been selected
as second alternatives. The principal purposes of these are to
determine acreage requirements since the cost of land is so
great
that the construction costs need not be considered a factor.
This
approval was first employed at the last certification of Smoketree
from which the land costs were derived.
The single discharge plant will be less expensive to build �d
easier to operate than either of those discharge plants or..,;:;
subsurface treatment.
This combination of plants produces a somewhat different
NPI7S
Application which none the less demonstrates the proposal.
rf^i
Yours very truly,
-"
Gay
—
/E.
Charles H.. Davis, Jr.,
NC 2903

UI I'lUL JA-.L J1u'-I 11'-4IVJl 1'idJ zu J•VV I V'.,' vl
1r,JJQ),i-U.LU1'11-1L
GiIT#ii OLINA DEPARTMENT OF ENVIRONMENT, HFA.LTH,.AN-L.J-14A.TURAI_ RESOURCES
SION OF ENVIRONMENTAL MANAGEMENTI WATER QUALITY SECTION
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
APPLICATION FOR;PERMIT TO DISCHARGE - SHORT FORM D
rV BE FILED ONLY BY'DISCHARGI S. OF Io0%'DOMES.TIC WASTE (< I MGD FLOW).
North Carolina NPDES Permit No: N C 0 -0'
(if Imown)
Please print or type
1. Mailing address of applicant..
Facility Name The - Glens- at Grandfather.
Owner Name Joseph Yoder
Street Address 9189—B2 HWY 105 South
City Banner.Elk
State North Carolina
ZIP Code 28604
Telephone No. (764 ) 963=6545- ' (FAX [phone] )
2. Location of facility producing discharge:
Name (If different from: above)
Facility Contact Person
Street Address or State Rodd
City
County
Telephone No.
•At'the confluence of Greeri Ridge Branch & Watauga River
Joseph Yoder -
5496 `NC HWY 105 .'
Banner "Elk 28604 _ �' M
Watauga `�
( ' 704) 963-6545 r 7 r
0
3. TVs AIPDES Pennit Application appNes to which of the following:
Expansion/Modification. * X Existing Unpermitted Discharge
Renewal New Facility X
" Please provide a description of the expansion/modification:
(1) A new facility as descgibed above is being requested
�(21'This facility is also to•re2lace NPDES NC 0042358 Adams Apple _
(3) This facility is also to replace-NPDES NC 0049174 SmoketrPP L.ndg2
4. Please provide a description of the existing treatment facilities,:
(1. See Adams Apple Description
.._(2�_,aSpp Sm kaf-rPa T adgp DPCr`Ti = t- i on • -
Page 1 of;2 Version 1195

w� IabiufdHL Urr l -L x 1—ytU—r r 1—uuJl ncty LU -uu I'. V i V i
705p"
Please indicate the source of Wastewater frontthe description of facilities listed (check where
licable):
lyre of F4cility Generating Wastewater
Industrial
Commercial
Residential X
School
Other X
Number of Employees
Number. of Employees
Number of Homes
Number of Students/Staff
Swimming Pool
Please describe source of wastewater (example: subdivision, mobile home park, etc.):
1
Residential Subdivision, Condominiums @ Tennis Complex and Residential Lodge.
6. Number of separate wastewater discharge pipeslwastewater outfalls (if applicable):
One (1) Discharge
7. If separate discharge pipes, describe.the source(s) of wastewater for each pipe:
All three pipes to plant are domestic wastewater
6. .Name of receiving tva ter or waters. (Please provide a map showing the exact location of discharge)
Watauga River
I certify that I am familiar with the information contained in the application and
that to the best of my knowledge and belief Such information is true, complete, and
accurate.
Charles H. Davis,
Printed Name of Person Signing
Joseph Yoder
Professional Engineer on Project Owner
Title
Date Application Sign—�
tune
North Carolina General Statute 143-215.6(b).(2) provides that: Any person who knowingly makes any
false statement representation, or certification in any application, iecord, report, plan, or other
document files or required to be maintained under Article 21 or regulations of the f_rivironmental
Management Commission implementing that Article, or who falsifies, tampers with, or knowingly
renders inaccurate any recording or monitoring device or method required to be operated or maintained
under Article 21 or regulations of the Environmental Management Commission implementing that
Article, shall be guilty of a misdemeanor punishable by a. Fine not to exceed $10,000, or by imprisonment
not to exceed six months, or.by both. (18 US:C. Section 1001 provides a punishment by a fine of not more
than $10,000 or imprisonment not more than 5 yeaz5, or both for a similar offense.)
Pape 2 of 2 Version 1/95

II'll- UI 11l.L I Cl.\•1 .11V I I l `-IVJl I'ILIJ '-V' I _'•U-J I :'i i
Local Government Review
tequirements.for the Issuance of New '
Nonarnunlcipai Domestic Wastewater IaiscXiarEM Permits
On October 1, 1989. nn amendment to North Carolina; General. Statute 143-2115.1, denoted as 143-210.1.7
(c) (6), became effective. The amendment•allowa input. from local goverx=ents in the issuance of
permits for nonmunielpal domestic wastewater treatment facilities. The new language requires that`he`
Commission (lrnvironmentnl Management Commis small not act on an application fors ew_=M
nonmunicipal domestic wastewater discharge facility until it has received A written statement from +ch✓i;0M
city and county government h'Aving Juriadlction over anp put of the Ianda on which the proposed fa�111ty' i C
.and its appu.rtenonces are to be located. The written statement shall state whether the city or countsg;ha
in effect a zoning or subdivision ordinance and, If. such an ordinance Is in effect, whether the pro ac -� ""
facility is consistent with the ordinance. The Commislon *hall not approve it permit application fdRMLny' -ZC
facility which a city or county has determined to be Inconsistent with its zoning or aubdivislon ordt* nct-- c�
unless it determines that the approvral of such application has statewide significance and is In tbVt..es
Interest of the State..
InBtructipn8 tQ the IlF at
Prior to submitting an application for a NFDES Permit for a proposed project, the applicant shall request
that p9_ydl�Y�2��mont complete this form. The applicant must submit a copy
of the draft permit application and shall make a written request for this form to be completed to the clerk
of the city and county by certified mall,'return receipt requested. If a (or both) local government(s) fall(s),
to mall the completed form, as evidenced by the postmark on the certified mail card(s), within li5 days
after receiving And signing for the certified snail, the applicant may submit the application for A discharge
permit. 11s evidence to the Commission that the local government(s) failed to respond within 18 days. the
applicant shall submit a copy of the certified snail card along with a notarized letter stating that the Iocal
governments) failed to respond within the 16 day period.
,� ntton9 tSt the 1ACa1 Qgy rrnmrUt -
The nearby city or county government' which may have or has jurisdiction over any part of the lands on
which the proposed facility or its appurtenances arc to be located is regnlred to complete and retuzia t4 s
form to the applicant within 15 daye of receipt, The form must be signed and notarized. -
Name of local government Watauga County - t1I
(CI ty/County) rn
Does the city/county have jurisdiction over an art of the Ian
ds on which the proposed facility nd lea
Z CD
appurtenances are to be. located? Yea �, No If no. please sign this form, have it notari cnr7iianZ
return it to the applicant. Re: Joe Yoder project at Avery/Watauga County line. cQ
Does the elty/county have In effect a zoning or subdivision ordinancc? Yea No
If there Is a zoning or sub vision ordinance in effect, is the plan for the proposed facility consistent with
the ordin ce? 'Yes No []
XJate _ 7 Signature
(City Nana g CountyManagcr)
State of North Carolina , County o Watauga
On this 25 day of June , 19 97 , personnally appeared before me,
the said name James S . Ratchford to ine known, and known to me to be
the person described In aiid who executed the foregoing instrument and he (or slic) acknowi(Mi ," that he
for she) executed the same and being duly sworn by rne, made oath tint the statements l.x; the foregoing
Instrument at true. 2001
MyCommislon expires October 9, X" (Signature ofNotnxyPublic �
Notary Pu'Jllc (official sent)

ANT

1
GAS
Evaluation of Wastewater Disposal Alternatives
A. General Information
(1) Facility Name: GAS - The Glens at Grandfather
Adams Apple
Smoketree
(2)
County: -Watauga
(3)
Facility Address:
Joseph Yoder
918 2-B2 HWY 105 South
Banner Elk
North Carolina
28609
( 4 )
Preparer' s Name:
Charles H. Davis, Jr.., P.E.
(5)
NC 2903
(6)
-
PO Box 1691
Hickory, NC 28603
[phone]

2
THE GLENS AT GRANDFATHER
Description of Facility served by Wastewater Treatment Plant
Project Proposed to be Served: The Glens Subdivision
Multifamily Condominiums
Cabins
40 - 2 Bedrooms = 40 x 240 gpd = 9,600 gpd
10 - 2 Bedrooms = 10 x 240 gpd = 2,400 gpd
10 - 3 Bedrooms = 10 x 240 gpd = 2,400 gpd
10 x 120 gpd = 1,200 gpd
Single Family
35 - 3 Bedrooms = 35 x 240 gpd = 8,400 gpd
35 x 120 gpd = 4,200 gpd
12,600 gpd
Total Complete 28,200 gpd
Based on the daily flow in the adjacent developments the daily flow
from this development should be 8,000 gpd.

3
ADAMS APPLE
Description of
Facility
Served
by
the Wastewater
Treatment Plant
Project served
at present:
Adams
Apple Tennis
Complex
Principally
Multifamily
Condominiums
10 Efficiency
Units =
10
x
240
gal/day =
2,400
gal/day
6 - 1 Bedroom
Unit =
6
x
240
gal/day =
-1,440
gal/day
1 - 1 Bedroom
Unit =
1
x
240
gal/day =
240
gal/day
15'- 2 Bedroom
Units =
15
x
240
gal/day =
3,600
gal/day
13 - 3 Bedroom
Units =
13
x
240
gal/day =
3,120
gal/day
+13
x
120
gal/day =
1,560
gal/day
1 - 3 Bedroom
Units =
1
x
240
gal/day =
240
gal/day
+ 1
x
240
gal/day =
240
gal/day
2 - 4 Bedroom
Units =
2
x
240
gal/day =
480
gal/day
+ 2
x
120
gal/day =
240
gal/day
2 - 4 Bedroom
Units =
2
x
240
gal/day =
480
gal/day
+ 2
x
120,gal/day
=
240
gal/day
2 - 3 Bedroom
Houses =
2
x
240
gal/day =
480
gal/day
+ 2
x
120
gal/day =
240
gal/day
1 - 3 Bedroom
House =
1
x
240
gal/day =
240
gal/day
+ 1
x
120
gal/day =
120
gal/day
Total Existing Units = 15,360 gal/day
Future Development Phase: .
12 Lots = 12 x 240 gal/day = 2,880 gal/day
+12 x 120 gal/day = 1,440 gal/day
Total Expansion = 4,320 gal/day
Ultimate Total = 19,680 gal/day
Actual Daily Flow: 7,000 gal/day

4
SMOKETREE LODGE ,
C. Description of Facility served by the Wastewater Treatment
Plant.
Project Served: Smoketree
Condominium with
Restaurant
and
Indoor Swimming Pool.
46 - 1 to 2 bedroom units x
240 Gal/day
11,040
gal/day
*Restaurant - 60 seats x 40
gal/seat
2,400
gal/day
Swimming Pool:
3 people x 46 = 138 people
x 10 gal/person
1,380
--------------
gal/day
14, 820
gal/day
D. Future Development Phase:
66 - 1 to 2 bedroom units x
240 gal/day
15,840
gal
*Restaurant - 60 seats x 40
gal/seat
2,400
gal
Swimming Pool:
3 persons x 66 = 198 persons
x 10 gal
1,980
--------------
gal
20, 220
gal/day
*There is no longer a restaurant in this facility nor is one
anticipated in the future; however there is a space there used for
recreation at this time which must be accounted for. It produces
and will produce domestic waste.

June 12, 1997
Detailed Description of Existing Discharge Facilities:
A. Adams Apple
0.0150 MGD - Extended Aeration type wastewater treatment
facility consists of a bar screen, single clarifier, flow
miles, chlorination and dechlorination with re -aeration tank
having 2 motors and 2 blowers operating under 0.0200 MGD NPDES
Permit MC 0042358.
B. Smoketre.e Lodge
0.0100 MGD extended aeration type wastewater treatment
facility consisting of a bar screen, aeration basin,
clarifier, chlorinator and post dechlorination operating under
0.0210 MGD NPDES Permit NC 0049174.
A 3 TA,
,
���o't6 eeeGa+r 4t�g
P. E.

L
June 12, 1997
USGS Low Flow Characteristics
for the Selected Discharge Location at Joe Yoder's - The Glens
at Grandfather - 55 Acres on the Watauga River at the
Watauga/Avery County Line off of NC 105.
Index No. 449
USGS downstream order number - 0347872000
Station Name: Watauga River at Foscoe
7010 = 3.1 cfs
3.1 cfs 10.9 Sq Mi Drainage Area = .2844 cfs per Sq Mi
.2844 x 1.7 additional Sq Miles = + .483 cfs use 5 cfs
7010 = 3.1 cfs + .5 cfs = 3.6 cfs at discharge point for waste
water treatment plant.
This calculation was directed by USGS, Curtis Weaver and prepared
by Charles H. Davis, Jr. , P. E. , NC 2903, using Table 1 from WSP
2403 low flow characteristics @ site 0347872000
P. E.
3 HD
P1n;SS!

FA
June 13, 1997
ALTERNATIVE SYSTEMS
(1) The Glens at Grandfather
(2) Adams Apple
(3) Smoketree
Known as the: GAS SYSTEM
GIVENS:
Glens - Plant Design Capacity for 100 housing units is 28,200
gpd.
NPDES Application Capacity = 29,000 gpd.
Adams Apple - Plant Design Capacity 15,000 gpd
NPDES Permit NC 0042358 20,000 gpd.
Smoketree - Plant Design Capacity 10,000 gpd.
NPDES Permit - NC 0049.124 21,000 gpd.
TOTALS - GAS
Plant Design Capacity 53,200 gpd.
NPDES Permit Requested 70,000 gpd.
ACTUAL USE:
Glens - Projected actual Flow - 8,000 gpd
Adams Apple - Daily Flow - 7,000 gpd gal/day
Smoketree - Daily Flow - 50,000 gpd gal/day
GAS Actual Use 20,000 gpd.
This is 29% of the NPDES Permit amount.

The First Alternative is for a.Single Wastewater Treatment Plant
With the combination of these wastewater producers into a
single plant the request should be for an NPDES Permit of
70,000 gpd; but based on current sewer flows of 20,000 gpd a
plant of this size ie. , 70,000 gpd would be most inefficient.
Based on usage a plant of 21,000 gpd would be adequate;
however it is proposed that this be doubled to 45,000 gpd and
arranged so that 45,000 gpd can be added side by side.
Included herewith is the first proposed alternative system
which is a 45,000 gpd wastewater treatment plant to replace
three (3) separate plants and three (3) discharge points the
plant will discharge into a 7Q10 of 3.6 at the discharge point
on the Watauga River shown on the attached map.
The 45,000 gpd Wastewater Treatment Plant will cost
$120,600.00 installed, not including engineering; but
including land cost at $18, 000. 00 for one acre of stream side
land.

The Second Alternative is for subsurface disposal,.
Existing and Proposed Plant Capacity = 53,200
NPDES PERMIT CAPACITY 70,000 gpd.
Soil Application Rate in the Area = .4 from the Avery County Health
Dept., Lee Clark, Sanitarian.
(1) Normal Sub -Surface System
Trench Width 3 feet.
Existing V Proposed)
53,200 gpd a 0.4 = 133,000 Sq. Ft. (3) = 44,333 L. Ft.
369 Lat. @ 120 L. Ft. /9' o. c. , Area 3312' x 120'
Permit = 70,000 a 0.4 = 175,000 Sq. Ft. _ 3 58,333 L. Ft.
486 Lat. @ 120 L. Ft. /9' o. c. , Area 4265' x 120'
(2) Large Pipe Graveless System
Existing V Proposed)
53,200 gpd j 0.4 = 133,000 Sq. Ft. : 2 = 66,500 L. Ft.
554 Lat. @ 120 .L. Ft. /6' o. c. , Area 3318' x 120'
Permit 70,000 s 0.4 = 175,000 Sq. Ft. i 2 = 67,500 L. Ft.
729 Lat. @ 120 L. Ft. /G' o. c. , Area 4368' x 120'
(3) Panel System
Existing V Proposed)
53,200 gpd 7 0.4 = 130,000 Sq. Ft. ; 3 = 44,333 L. Ft.
441 333 x 0.5 = 21,167 L. Ft.
176 Lat. @ 120 L.,Ft. /9 ko. c. , Area 1575' x 120'
Permit = 70,000 i 0.4 = 175,000 Sq. Ft. 3 = 58,333 L. Ft.
58,333 x 0.5 = 29,166 L. Ft.
243 Lat. @ 120 L. Ft. /9' o. c. , Area 2178' x 120'

10
GIVENS:
System to be 10 Ft. from Property Line
100% Repair Area Required.
(1) Normal Sub -Surface System
Existing (& Proposed)
3312 x 120 (3312 x 130 ) = 430,560 x 2 Sq. Ft. = 861,120
861,120 _ - 43,560 Sq. Ft. 1 o. c. = 19.77 ac = >20 Acres
Permit - 4265 x'120 (4265 x 130) = 554,450 x 2 = 1,108,900 -
43, 560 Sq. Ft. /Acre = 25. 46 = >26 Acres.
(2) Large Pipe Graveless System
Existing (& Proposed)
3318 x 120 (3318 x 130 = 431340 Sq. Ft. x 2 = 862,680 Sq. Ft.
862,680 - 43560 Sq. Ft/Ac = 19.80 Ac = >20 Acres.
Permit - 4368 x 120 (4368 x 130 ) = 567, 840 x 2 = 1, 135, 680
Sq. Ft. - 43560 Sq. Ft. /Ac = 26.07 Ac = <26 Ac
(3) Panel System
NC
Existing (& Proposed)
1575 x 120 (1575 x 130 ) = 204, 750 Sq. Ft. x 2 = 409, 500 Sq. Ft.
409,500 - 43560 Sq. Ft. /Ac = 9.40 Ac <9 Acres
Permit = 2178 x 120 (2178 x 130) = 283,140 Sq. Ft. ,x 2 =
566,280 Sq. Ft.
566,280 Sq. Ft. - 43560 Sq. Ft. /Ac = 13.00 = 13 Ac
In examining these, sub -surface systems land cost without
considering the cost of construction and operation was
sufficient to eliminate them from consideration.
The minimum land cost (value) for a system to serve existing
and proposed conditions is $162,000 for 9 Acres for a Panel
System, which is the most expensive to install. For maximum
permitted capacity (existing & proposed NPDES Permits), the
land cost (value) would be $234,000 for 13 Acres.
I
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FINANCIAL STATEMENT
May 15, 1997
JOSEPH YODER
SS# 225-62-9116
9189-32 Hwy. 105 S.
BANNER ELK, NC 28604
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ASSETS
CASH:
First Citizens Bank - Boone - C.D. 50,000.
First Citizens Bank - Boone - Checking 40,000.
First Citizens Bank - Boone - Money Market 30,000.
Like Kind Exchange Escrow Acct. 89,000.
RECEIVABLE FROM MORTGAGE:
N. Wooten - Unit M-3 31,000.
*Frank Agate 156,000.
PERSONAL PROPERTY: .
Truck, Auto, Tractor 62,000.
Furnishings 20,000.
REAL ESTATE:
Florida Lot 75,000.
The Ponds - Lot #26 85,000.
The Ponds - Lot #35 195,000.
Yoder Building Supply - Real Estate 125,000.
Yoder Building Supply - Stock 730,000.
Fairplay Enterprises - Lot 20,000.
Bamboo Property 160.000.
TOTAL ASSETS 1,868,000.
LIABILITIES
REAL ESTATE:
Bamboo Property 60.000.
TOTAL LIABILITIES 60,000,
NET WORTH: 1,808,000.
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Bank References: First Citizens - Boone, North Carolina, 704-264-7353
First Union - Boone, North Carolina, 704-262-4627
*556,000 DUE APRIL 1988, 100,000 DUE MAY 1999.

A. r
12
June 25, 1997
(7) Enclosed is Joseph Yoder's Financial Statement of May 15,
1997.
Mr. Yoder has substantially previously complied with Federal
and State requirements in the development of South Slopes,
South Slope Overlook 'and The Ponds on the Watauga River in
Watauga County.
In these developments he faithfully complied with Erosion
Control requirements, FEMA requirements, and requirements of
NPDES Permit No. NC 0050610 in the development and operation
of three (3) different sewer plants. This is not a claim of
perfection; but he used due diligence in meeting requirements.
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Foam SWU-101 7auuary 1998 Page 1 of 4

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FACILITY
COUNTY
MAILING ADDRESS
CLASS
RESPONSIBLE FACILITY
rOFFICIALQ/ REPRESENTATIVE
TELEPHONE NO. �S �� J�1 bZ
WHERE LOCATED
NPDES PERMIT NUMBER
STATE FEDERAL Q/
DATE ISSUED
EXPIRATION DATE
STREAM: NAME
CLASS
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SUB -BASIN
CERT. NUMBER
CLASS
OTHER PERMIT NO.
DATE ISSUED
OPERATOR

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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
ASHEVILLE REGIONAL OFFICE
April 2, 1998
Mr. Joseph Yoder
Glens of Grandfather Subdivision
Route 1, Box 974
Banner Elk, North Carolina 28604
Subject: Permit No. SW1980301
Glens of Grandfather
Subdivision
High Density Subdivision
Stormwater Project
Avery County
Dear Mr. Yoder:
.The Asheville Regional Office received the Stormwater
Management Permit Application for Glens of Grandfather on
March-18, 1998. Staff review of the plans and
specifications has determined that the project, as proposed,
will comply with the Stormwater Regulations set forth in
Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW1980301, dated April 2, 1998, for the construction of the
project, Glens of Grandfather Subdivision.
This permit shall be effective from the date of
issuance until April 2, 2008, and shall be subject to the
conditions and limitations as specified therein. Please pay
special attention to the Operation and Maintenance
requirements in this permit. Failure to establish an
adequate system for operation and maintenance of the
stormwater management system will result in future
compliance problems.
If any parts, requirements, or limitations contained in
this permit are unacceptable, you have the right to request
an adjudicatory hearing upon written request within thirty
(30) days following receipt of this permit. This request
must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and
filed with the Office of Administrative Hearings, P.O.
Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
Should you decide to go with the low density option,
you will need to apply for a change in the stormwater permit
from high density to low density.
INTERCHANGE BUILDING, 59 WOODFIN PLACE, ASHEVILLE, NC 28801 -2414
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

Joseph Yoder
April 2, 1998
Page Two
If you have any questions, or need additional
information concerning this matter, please contact Mr. Mike
Parker, or me at [phone].
Sincerely,
Roy M. D vis, Regional Supervisor
Division of Water Quality
CC: ;Charles Davis
Tom Burleson, Avery County Inspections
Watauga County Inspections
Stormwater Group
Winston-Salem Regional Office
Mike Parker

I
State Stormwater Management Systems
Permit No. SW1980301
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules, ;and Regulations
PERMISSION IS HEREBY GRANTED TO
Joseph Yoder
GLENS OF GRANDFATHER SUBDIVISION
Avery County
FOR THE
construction, operation and maintenance of a wet detention basin for
stormwater control in compliance with the provisions of 15A NCAC 2H
.1000 (hereafter referred to as the "stormwater rules") and the
approved stormwater management plans and specifications and other
supporting data as attached and on file with and approved by the
Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until March
31, 2008, and shall be subject to the following specified conditions
and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and
volume of stormwater described in the application and other
supporting data.
2. This stormwater system has been approved for the management of
stormwater runoff as described on page 4 of this permit, the
-3-

State Stormwater Management Systems
Permit No. SW 1980301
DIVISION OF WATER QUALITY
PROJECT DATA SHEET
Project Name:
Glens of Grandfather
Subdivision
Permit Number:
1980301
Location:
Avery
Applicant:
Joseph Yoder
Mailing Address:
Route 1, Box 974
Banner Elk, North Carolina
28604
Application Date:
March 18, 1998
Water Body Receiving Stormwater
Watauga River
Runoff:
Classification of Water Body:
B-trout HQW
Pond Depth:
5 feet
Permanent Pool Elevation:
3675 elev MSL
Total Impervious Surfaces Allowed:
7.6 acres or 331,056
square feet
(103 townhouses plus roads and
other)
Offsite Area entering Pond:
None
Required Surface Area:
0.248 acres or 10,803
square feet
Provided Surface Area:
0.248 acres or 10,803
square feet
Required Storage Volume:
8408 cubic feet
Provided Storage Volume:
8408 cubic feet
Temporary Storage Elevation:
3677 elev MSL
Controlling Orifice:
1-1/8 inch pipe
El

PPPPP'P_
Project Data Sheet. The subdivision is
Townhouses located on 27.94 acres, 7.6
sq. ft.), located on the south and west
subdivision.
State Stormwater Management Systems
Permit No. SW1980301
permitted for 103
acres impervious (331,056
sides of the
3. Approved plans and specifications for this project are
incorporated by reference and are enforceable parts of the
permit.
4. No homeowner/lot owner/developer shall fill in, alter, or pipe
any drainage feature (such as swales) shown on the approved
plans as part of the stormwater management system without
submitting a revision to the permit and receiving approval from
the Division.
5. The permittee is responsible for verifying that the proposed
built -upon area does not exceed the allowable built -upon area.
Once the townhouse ownership transfer is complete the built -upon
area may not be revised without approval from the permittee, and
responsibility for meeting the built -upon area limit is
transferred to the individual property owner.
6. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon
area.
e. Further subdivision of the project area.
f. Filling in, altering, or piping of any vegetative
conveyance shown on the approved plan.
In addition, the Director may determine that other revisions to
the project should require a modification to the permit.
7. The Director may notify the permittee when the permitted site
does not meet one or more of the minimum requirements of the
permit. Within the time frame specified in the notice, the
permittee shall submit a written time schedule to the Director
for modifying the site to meet minimum requirements. The
permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have
been made.
-5-

ppppp,p-
State Stormwater Management Systems
Permit No. SW1980301
II. SCHEDULE OF COMPLIANCE
1. The permittee will comply with the following schedule for
construction and maintenance of the stormwater management
system:
a. The stormwater management system shall be constructed in
it's entirety, vegetated and operational for it's intended
use prior to the construction of any built -upon surface
except roads.
b. During construction, erosion shall be kept to a minimum and
any eroded areas of the system will be repaired
immediately.
2. The permittee grants permission to DENR Staff to enter the
property" -for the purposes of inspecting the project for
compliance with the conditions of this permit.
3. Upon completion of construction, prior to issuance of a
Certificate of Occupancy, and prior to operation of this
permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that
the permitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved
plans and specifications must be noted on the Certification.
4. The permittee shall at all times provide the operation and
maintenance necessary to assure the permitted stormwater system
functions at optimum efficiency. The approved Operation and
Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but
not limited to:
a. Semiannual scheduled inspections (every
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance
plans and specifications.
f. Debris removal and unclogging of outlet
device and catch basins and piping.
g. Access to the outlet structure must be
times.
6 months) .
with approved
structure, orifice
available at all
on

ppppppp-
State Stormwater Management Systems
Permit No. SW1980301
5. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date, activity, name of person
performing the work and what actions were taken.
G. Prior to the sale of any townhouse, deed restrictions must be
recorded which limit the built -upon area to the amount as shown
on the Project Data Sheet, per Section I, Part 2. The recorded
statements must follow the form:
a. "The maximum built -upon area is 331,056 square feet,
inclusive of that portion of the right-of-way between the
edge of pavement, structures, pavement, walkways of brick,
stone, or slate, but not including open wood decking."
b. "The covenants pertaining to stormwater regulations may not
be'changed or deleted without concurrence of the State."
C. "Alteration of the drainage as shown on the approved plan
may not take place without the concurrence of the State."
If the subdivision exceeds low density, one of the following
additional statements are necessary to ensure that all runoff
from built -upon areas of the lot is picked up by the pond.
Additional statements include:
e. "Roof drain gutters are required on all homes and must
drain into the street."
.i
f. "Two-thirds of `the lot must be graded toward the street."
g. "Perimeter swales and ditches must pick up the runoff and
direct it into the pond."
7. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions of this permit,
the approved plans and specifications, and other supporting
data.
8. A copy of the recorded deed restrictions must be submitted to
the Division within 30 days of the date of recording the plat.
The recorded copy must be signed by the permittee, dated,
stamped with the deed book number and page, and bear the
stamp/signature of the Register of Deeds.
-7-

State Stormwater Management Systems
Permit No. SW1980301
9. A copy of the approved plans and specifications shall be
maintained on file by the Permittee for a minimum of ten years
from the date of the completion of construction.
III. GENERAL CONDITIONS
1. This permit is not transferable. In the event there is a desire
for the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request form must be
submitted to the Division of Water Quality accompanied by an
application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The approval
of this request will be.considered on its merits and may or may
not be approved.
2. Failure to abide by the conditions and limitations contained in
this permit may subject the Permittee to enforcement action by
the Division of.Water Quality, in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C.
3. The issuance of this permit does not preclude the Permittee from
complying with any and all statutes, rules, regulations, or
ordinances which may be imposed by other government agencies
(local, state, and federal) which have jurisdiction.
4. In the event that the facilities fail to perform satisfactorily,
including the creation of nuisance conditions, the Permittee
shall take immediate corrective action, including those as may
be required by this Division, such as the construction of
additional or replacement stormwater management systems.
S. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.
Permit issued this the 2 day of April, 1998.
NORT-R CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston �Ioward, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW1980301
la

ppppppp-
State Stormwater Management Systems
Permit No. SW1980301
Glens of Grandfather Subdivision
Stormwater Permit No. SW1980301
Avery County
Engineer's Certification
I, , as a duly registered
Professional Engineer in the State of North Carolina, having been
authorized to observe (periodically/weekly/full time) the
construction of the project,
Proj ect )
for (Project Owner) hereby state
that, to the best of my abilities, due care and diligence was used in
the observation of the project construction such that the
construction was observed to be built within substantial compliance
and intent of the approved plans and specifications.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date

CI-IARLES H. DAVIS, JR.
ATLANTIC PLAN ENGINEERING CORPORATION`
ENGINEERING AND PLANNING CONSULTANTS .
Box 1691 IIICKORY, NORTH CAROLINA 28603
704-327-2621
February 6, 1998
To: Mike Parker
NC Division of Water Quality
59 Woodfin Pl.
Ashville, NC 28801
Re: The Glens of Grandfather Subdivision
Dear Mr. Parker;
CHARLES II. DAVIS, JR., P.E.
PRESIDENT
I contacted your office yesterday to determine where to send
the Glens of Grandfather Subdivision in Avery County on the
Watauga River. In this water quality standards must be met that
either require one(1) acre lots, or for higher density - the
accommodation of this higher density with adequate detention. I
was directed to send the subdivision to you.
Condition: There is a tentative agreement that if we can
combine three waste treatment plants into one upgraded plant an
NPDES permit will be issued. It's a matter now of arranging
financing for all participants.
Joe Yoder, the owner, wishes to proceed this spring, for
that reason this application for subdivision density approval is
being sought. A worst case density scenario is proposed; if an
NPDES is not approved this subdivision proposal will not be able
to be built and a lessor density will have to be used for some
type of on -site, on the ground or in the ground sewage disposal.
However, by applying for. the greatest density and developing
detention for this greatest density it will be possible to
accommodate any less dense situation. The density will
ultimately be controlled by the method of wastewater treatment or
sewage disposal.
Please, note that there is a large area of one acre single
family lots for which no detention is require; in the remaining
area townhouses are proposed which require detention for excess
impervious area.
Calculations and details have been prepared showing the
amount of detention required and the pond configuration.

Also note that all stream and other boundaries have
permanent reservations either greenway dedications or greenway
easements which combine, for the most part, to produce a 50 ft.
.greenway in which no building may be constructed, please see
notes on the plan. It is felt that this should be a real
incentive for the approval of this subdivision.
Please, act on this as expeditiously as possible; the owner
would like to be able to begin residential construction this
spring.
Yours very Truly,
'UHIrles H. Davis, Jr., P.E.
NC 2903

JOSEPH YODER
NCDENR 2037
Check Number: 1037
Check Date: Mar 18, 1998
Item to be Paid - Description
NCDENR SITE PLAN GLENS
Check Amount: $385.00
Discount Taken Amount Paid
385.00
8 JOSEPH YODER B oaE.NC 2037
9189-32 HWY. 105 SOUTH 66-1121531
J� BANNER ELK, NC 28604
PH. 704-963-6545
FAX. [phone]
DATE AMOUNT
Mar 18, 1998 *******$385.00*
Memo ..SITE PLAN
PAY .Three':'.Hundred Eighty -Five and 0/100 Dollars
TO THE
ORDER ,:NCDENR ' .
OF
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SENDER-__ ✓ V_v P I
North Carolina Department of
Environment and Natural Resources
59 Woodfin Place Asheville, NC 2880
W WXFER QUALITY
JOSEPH 2. DER
GLENS OF GRANDFATHER SUBDIN
ROUTE I BOY 974
BANNER ELK NC 28604
I
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I also wish to receive the
following services (for an
we can return this extra fee):
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cie number. 2. ❑ Restricted Delivery
and the date
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Receipt for Certified Mail
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Do not use for International Mail (See reverse)
Sent In
AA North Carolina Department of
FAA Enviromnent and Natural Resources
ENR 59 Rrood in Place Asheville, NC 28301-
t'F WATER QUALITY
JOSEPH YODER
01 GLENS OF GRANDFATHER SUBD
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Return Receipt Requested" on the mailpiece below the article number.
C The Return Receipt will show to whom the article was delivered and the date
C delivered.
MR. JOSEPH YODER
GLENS OF GRANDFATHER
._ROUTE I, BOX 974
BANNER ELK, NC: 28604
5. Signature (Addressee)
I also wish to receive the
following services (for an extra
fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
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5 381 PS FN 1, ecember 1991 *us. GPO: 1993--352a14 DOMESTIC RETURN RECEIPT

UNITED STATES POSTAL SERVICE
Official Business
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PENAL VO p PAYE '
USE toF POStAOE $3
North Carolina Department of
Envirorunent and Natural Resources
h1C®EWR
_. _.._.:._ 59 Woodfin Place Asheville, NC 28801-2'114
DIV OF WATER QUALITY
TO: MR. MIKE PARKF,R
DENR-DWQ-WQS
59 WOODFIN PLACE
ASHEVILLE, NC 28801
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