20071647 Ver 1_More Info Received_20071004

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Wetland and Natural Resource
Consultants, Inc.
October 2, 2007
To: DWQ
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Re: Hard Rock Mine, Inc.
Cherokee County, North Carolina
Dear Ms. Karoly:
Enclosed are five copies of the Preconstruction Notification Application for the Hard
Rock Mine, Inc. Changes were made noting the impacts to the diversion channel in
response to your letter sent on September 28, 2007 (DWQ No. 07-1647 Cherokee
County). If you have any questions please feel free to contact me at 828-712-1933.
Best regards,
Kevin Mitchell
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Canton Once
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax
wnrinc.com
Newton Once
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax

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Office Use Only: Form Version March 05
USAGE Action ID No. DWQ No. 07-1647 Cherokee County
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
NW 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further detail ~e `~
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II. Applicant Information ~,,~~ 0 y 7.:107
Owner/Applicant Information I~E-,~ _ wA~~~R cauAl.~rr
Name: Mr. Glen Frank 7VETlr~lO~ F~IO `=r~na;~~ATFR 9RA~~CH
Mailing Address: Hard Rock Mine, Inc.
PO Box 128
Epworth GA 30541
Telephone Number: 239-770-4828 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kevin Mitchell
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton, North Carolina 28716
Telephone Number: 828-712-1933 Fax Number: 828-648-8802
E-mail Address: kevin(a.wetland-consultants.com
Updated 11/1/2005
Page 1 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hard Rock Mine. Inc -Violation
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Pin #451000041377000
4. Location
County: Cherokee Nearest Town: Murphy
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-
40W 16 5 miles. Merge onto US-74 West toward Murphy, NC. Go ~ 105 miles to lust
before the NC/TN state line. The project site is a mile before the state line on the ri hg t. See
the attached USGS maps.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.0190663 °N 84.3121501 °W
6. Property size (acres): 17.35 acres not including Wilderness Creek Falls Development
7. Name of nearest receiving body of water: Wolf Creek -Toccoa -Ocoee -Hiwassee
8. River Basin: Hiwassee River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Updated 11/1/2005
Page 2 of 9

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The project site was previously a mine during the 1960s.
UT 1 had been dammed and diverted to the valley side slope to facilitate a dry working
environment. In the fall of 2006 the stream was dug out to maintain flows around the mine
area The current state of the diversion channel is highly unstable and will require relocation
back to its original valley.
10. Describe the overall project in detail, including the type of equipment to be used: The
project will include construction of a new channel using proper dimension, pattern, and
profile based on reference reach conditions. After the channel has been constructed in the
dry the existing- berm will be removed and the water will be allowed to enter the new
channel. The new channel will continue 870 feet before tying into the relic channel
downstream. Typical earth-moving and construction equipment will be utilized on site.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to restore
the diversion channel back to its original location in the valley in order to stabilize the
channel and improve water quality downstream. This project site was issued a notice of
violation by the Division of Water Quality and the agencies had requested this be the course
of action.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No previous permits have been requested for this project.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Yes. A permit for Wilderness Creek Falls Development will be submitted in the future. The
current violation will be handled separately.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
Updated 11/1/2005
Page 3 of 9

accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 1,369' of impact will be associated
with the fill of the existing ditch that was previously diverted in the 1960's along the valley
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
No impacts

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.

Stream Impact
Number
(indicate on map)

Stream Name

Type of Impact Perennial

or
Int prmitte Average

Stream Width
Before Impact
Impact
Length
(linear feet)
Area of
Impact
(acres)
#1 UTI Fill of existing ditch Perennial 6' 1,369.5' .19

Updated 11 /1 /2005
Page 4 of 9

Total Stream Impact (by length and acreage) 1,369.5 .19
Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
No impacts

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .19
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres) .19
Total Stream Impact (linear feet): 1,369'
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Updated 11/1/2005
Page 5 of 9

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The impact to UT1 will be
required in order to return UT1 to its original valley with the proper dimension, pattern, and
profile based on reference reach conditions.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The lower 300 feet of the proposed new channel will be used for future compensatory
mitigation to offset impacts associated with the Wilderness Creek Falls development. (See
Restoration Plan).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
Updated 11/1/2005
Page 6 of 9

website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Mitigation
Total
Updated 11/1/2005
Page 7 of 9

3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Stormwater on site will be treated by rag ssed
swales and existing buffers. Impervious surface does not exceed 20%.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
This project is for the relocation and restoration of UT1 and will have no septic tanks associated
with it.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: A
cumulative impact analysis will be submitted with the Individual Permit for Wilderness Creek
Falls.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Updated 11/V2005
Page 8 of 9

i-~/ _
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9

FART

~-IMPACT #1 1,369.5' OF
EXISTING CHANNEL
(UT1)

Scale: 1:150
'Hard Rock Mine, Inc.
Restoration and Impact Map
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DATE: REVISION:
PRELIMINARY PLANS
DO NOT USE FOR RECONSTRUCTION

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October 3, 2007
To: DWQ
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
Re: Hard Rock Mine, Inc.
Cherokee County, North Carolina
Dear Ms. Karoly:
Attached are five copies of the proposed longitudinal profile for the relocated channel at
the Hard Rock Mine, Inc (DWQ #07-1647 Hard Rock Mine Cherokee county). The
proposed longitudinal profile was inadvertently left out of the restoration plan. I
apologize for the inconvenience. Please let me know if you have any questions
regarding this detail. I can be reached at 828-712-1933.
Best regards,
Kevin Mitchell
Canton 0 f f ice New[on Once
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax I 828-465-3050 Fax

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