20071281 Ver 1_More Info Received_20070920

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
September 13, 2007
Ms. Cyndi Karoly
NC Division of Water Quality
1650 Mail Service Center ~~ .,~, ~ ~ ~i~+7
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Raleigh, North Carolina 27699-1650 ~ -~ ~''` ~ `~ ' €,~
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RE: Sunset Falls at Bald Creek-ATF 5 ~. P ~ ~' 2001
DWQ Project # 07-1281 :tEi~~tf _ ~,~.~~:~ ~o~, I-~,
Haywood County, North Carolina ~~~t,~IvC~~"rM~;~T^?~e~Aji_•RSi~atdCti
Little Creek [040305, 5-22-2-3, C]
Dear Ms. Karoly,
Please reference the "Request for More Information" dated August 6, 2007 sent by the
North Carolina Division of Water Quality (DWQ) in response to the permit application
submitted by C1earWater Environmental Consultants, Inc. (CEC) on behalf of the Cobalt
Development Group. The application requested written authorization for the construction
of permanent road crossings associated with the development known as Sunset Falls at
Bald Creek. The DWQ determined that the application was incomplete and/or provided
inaccurate information and requested five additional items for review. Each additional
information request will be discussed below.. Following review by DWQ personnel,
please contact CEC with any further questions or comments regarding this information.
Additional Information Requested:
1. For General Certification 3631 (GC3631, and USACE NWP29) and General
Certification 3627 (GC3627, and USACE NWP14) Condition No.15, and Condition
No.17, respectively, state that, "If this Certification is used to access building sites,
all lots owned by the applicant must be buildable without additional fill beyond that
explicitly allowed under other General Certifications. The applicant is required to
provide evidence that the lots are buildable without requiring additional impacts to
wetlands, waters or buffers if required to do so in writing by DWQ. For road
construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground. " Please provide all impacts for all Phases of the
entire project.
All lots within the development are buildable without additional fill placed into
streams and wetlands. The lot layout for Phase 1 was carefully reviewed and it was
determined that Lot 10 could potentially require a stream crossing for high ground
access. To alleviate the need for an additional crossing, Lots 10 and I 1 will utilize a
shared driveway.
718 Oakland Street
Hendersonville, North Carolina 28791
Phone; 828-698-9800 Fax: [phone]
www, cwenv. com

Ms. Cyndi Karoly
September 13, 2007
Page 2
This driveway will be constructed along the northeast corner of Lot 11 above the
stream origin. Additional impacts will not occur as a result of the driveway
construction.
Phasing of development projects was discussed with Mr. Ian McMillan in August
2007. And, Section "X" of the August 26, 2007 DWQ public notice discusses
specific information regarding complex site plans and phased projects. As a result of
conversations with DWQ and the public notice, CEC is providing the following
information.
CEC has worked with the project engineer to provide a conceptual impact plan for
Phase 2 (attached). The Phase 2 plan shows all delineated streams and wetlands on
site, the conceptual road layout, and the potential crossing (bridge or culvert)
locations. The applicant understands that an Individual Permit will be required to
permit any additional cumulative impacts over 3001inear feet.
Please be aware that there has been no engineering or preliminary land planning in
the Phase 2 area. The applicant has not committed to or obtained any resources for
the development of this area (i.e. a loan). Based on the real estate market conditions
and the potential for future land acquisitions, the final site planning and engineering
maybe greatly altered.
2. Please provide documentation that DWQ has made intermittent/perennial stream
determinations on the site, or please contact DWQ to schedule intermittent/perennial
stream determinations on the site.
CEC determined all streams on site to be perennial. Following an explanatory
conversation with Mr. Ian McMillan on August 7, 2007, it is the understanding of
CEC that no further investigation is necessary.
3. Your proposed stream Crossing No. 4 appears to be aligned at approximately 45 ° and
Impact No. 7 appears to be at 60° Please reconfigure your proposed stream crossing
and Impact No. 7 to show them aligned approximately perpendicular (between 75°
and 105°).
Stream Crossing No. 4 and No. 7 have been realigned so that the crossings are
perpendicular to the stream in which they cross (see attached impact plans).
4. The mitigation amount in Section VIII, Item No. 2, does not match that described in
Section VIII, Item No. 1 and the EEP acceptance letter. Please address these
discrepancies.
The mitigation amount noted in Section VIII, Item No. 2 was in error and has since
been corrected. The NCEEP acceptance letter dated September 11, 2007, which
indicates NCEEP's willingness to accept payment for 141 linear feet of compensatory
mitigation credits is attached.

Ms. Cyndi Karoly
September 13, 2007
Page 2
5. Road B closely parallels the stream (within 25 feet). Will stormwater management
be required at this location to reduce erosion and associated stream impacts?
Stormwater management measures will be installed and maintained along Road B to
reduce erosion and potential stream impacts (see attached details).
Please do not hesitate to contact me at [phone] if you have any questions or
comments.
Thank you,
~~ ~ J~`/
,r /
R. Clement Riddle, P.W.S.
Principle
CC: Kevin Barnett, DWQ-Asheville

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PROGRAM
September 11, 2007
Michael Posey
Cobalt Development Group
76 Kimberly Ave.
Ahsevill~, NC 28804
Project: Sunset Falls at Bald Creek County: HAYWOOD
The purpose of this teller is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. )f we have not received a copy of
the issued 404 Permitl401 CertiFication/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed a[ www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
French Broad
06010106 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri avian Non-Ri avian Coastal Marsh
Impacts 141 0 0 0 0 0 0 0
Credits 282 0 0 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
~~
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Lori Beckwith, USAGE-Asheville
Kevin Barnett, NCDWQ-Asheville
Clement Riddle, agent
File
1ZP~StDYt~... E ~ ... PYDtt?GtLK~ OGLY Stag

FGDETIR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

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~~ ~ ~ ~~ EXISTA~lC PROPERTY UNE
- - - - - - - PROPOSED LOT UNE
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PRCPOSED EDGE OF PA4EddENT
-""' - - - PROPOSED ROAD CENTERUNE
-------------- P.D.E.
- • • - • • - • • ~- . - STREA61 CENTERLINE
® WETLAND AREA
30' STREAAf <~1PPER
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