20061046 Ver 2_401 Application_20071007

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
October 1 1, 2007
Mr. David Baker
US Army Corps of Engineers p ~ I ~ ~ _ ~ ~ ~„} ~ V
151 Patton Ave, Rm 208
Asheville, NC 28801 D ~~~~ 1'/ n
Ms. Cyndi Karoly U
NC Division of Water Quality OCT 2 2 Zppl
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Ste 250 iNEilgHp,~µpg~u~B~R~NCN
Raleigh, NC 27604
Re: Preconstruction Notification for NWP No. 29
Scenic Wolf Airport
Haw Mountain Enterprises, LLC
Madison County, NC
USACE Action ID: SAW-2006-32682-357
NCDWQ Project No.: 06-1046
;N
Dear Mr. Baker and Ms. Karoly,
Enclosed please find a Preconstruction Notification application fora 92-acre development
project located in Madison County, NC. Impacts to jurisdictional areas on the site consist of the
construction of an airport. A total of 156 linear feet of intermittent stream channel and 0.32
acres of wetlands will be filled during construction. A vicinity map, a site location map, and
design/impact drawings are included with the application for your review.
This development was previously authorized under a Nationwide Permit No. 39 by the USACE
on August 24, 2006 (Action ID SAW-2006-32682-357) and General 401 Water Quality
Certification No. 3631 by the NCDWQ on July 24, 2006 (DWQ Project No.: 06-1046). A
revised certification letter from the NCDWQ was received July 27, 2006 to correct a
grammatical mistake in the original letter. The 404 permit and 401 certification are included
with this application. The applicant paid the NC Ecosystem Enhancement Program for 0.5 acres
of riparian wetland credits to satisfy compensatory mitigation requirements. A copy of the
receipt from the NCEEP dated September 14, 2006 is enclosed. On April 23, 2007, the USACE
requested a copy of the restrictive covenants providing for the preservation of 836 linear feet of
stream and 1.07 acres of wetlands (the remaining jurisdictional area within the tract). A copy of
the revised "Declaration of Conservation Restrictions and Easements" was sent to the USACE
on July 24, 2007. Both the request and the revised "Declaration of Conservation Restrictions"
have been enclosed for your review.
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com

At present, 156 linear feet of authorized stream impacts and 0.135 acres of authorized wetland
impacts have occurred. However, due to the size and logistics of the project, work will not be
completed prior to the expiration date of March 18, 2008. Therefore, the applicant is reapplying
for a Nationwide Permit No. 29 so that the remaining impacts are authorized and the project can
be completed.
Please note that the current application contains exactly the same quantity and location of
impacts as previously authorized. There are no changes to the previously permitted project
impacts.
Currently, there is a dispute over property boundaries between Haw Mountain Enterprises, LLC.
and the adjacent property owner, Mr. Branberg, which will be resolved prior to completion of
work. Land disturbance will not occur in the contested property area until the dispute is settled
in court.
Thank you for your assistance in this matter. Please do not hesitate to contact me if you have
any questions or comments.
Sincerely,
R. Cl ent Ridd e, P.W.S.
Principal
enclosures
Cc: Dave McHenry, NCWRC
Kevin Barnett, DWQ

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. O lv - 1 D ~} !,P ~/ 2,
fir any parncu~ar 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: NWP #29
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 details), check B ~ ~ ~ V
vD
II. Applicant Information
OCT 2 2 2007
1. Owner/Applicant Information OENR • WATER QUALITY
Name: Haw Mountain Enterprises LLC wEnwas~wosrora~wT~BRrwcH
Mailing Address: Attn: Rick Bussey
PO Box 864
Weaverville, SC 28787
Telephone Number: 828-645-1031 Fax Number: 828-645-6133
E-mail Address: rbussey~scenicwolfresort.com
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: Clement Riddle
Company Affiliation: C1earWater Environm_ ental Consultants, Inc.
Mailing Address: 718 Oakland St
Hendersonville, NC 28791
Telephone Number: 828-698-9800 Fax Number: 828-698-9003
E-mail Address: clement(a~cwenv.com
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October 11, 2007

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: _Scenic Wolf Airport
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 9851-22-0326
4. Location
County: Madison Nearest Town: Mars Hill
Subdivision name (include phase/lot number): Scenic Wolf Development
Directions to site (include road numbers/names, landmarks, etc.): North on I-26 from
Asheville. Take Exit 3. Take a right at the bottom of the off ramp. Go 200 yards to the "T"
intersection ad take a left. Go approximately 1 mile and take a left onto Laurel Valley Road
Go approximately '/ mile and take a left on Puncheon Fork Road. Go several miles and take
a right onto Wolf Ride Road. Go up Wolf Ridge Road about 1.5 miles The proposed
airport site is on your right.
S. 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): 35.9326989 °N 82.4908077 °W
6. Property size (acres): Approximately 92
7. Name of nearest receiving body of water: Puncheon Fork Creek
8. River Basin: French Broad
(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/.)
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 site is mostly forested. Some land clearing of the
Scenic Wolf Airport Page 2 of 9
October 11, 2007

proposed airport has taken place. The applicant has received a sediment and erosion control
permit for this clearing. The surrounding area is ski resort and second home residential
10. Describe the overall project in detail, including the type of equipment to be used:
The project involves the construction of a 3 200-foot runway Equipment to be used includes
excavators and bulldozers.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to create
an airport for local residents to have aircraft access.
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 USAGE 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. The US Army Corps of Engineers visited the site on June 16 2006 and
verified the wetland plat on June 16, 2006 (SAW-2006-32682-357). This development was
previously authorized under a Nationwide Permit No. 39 by the USAGE on August 24 2006
(Action ID SAW-2006-32682-357) and Genera1401 Water Quality Certification No 3631 b.
NCDWQ on July 24, 2006 (DWQ Project No.: 06-1046). A revised certification letter from the
NCDWQ was received July 27, 2006 to correct a grammatical mistake in the original letter The
404 permit and 401 certification are included with this application The applicant paid the NC
Ecosystem Enhancement Program for 0.5 acres of riparian wetland credits to satisfy
compensatory mitigation requirements. A copy of the receipt from the NCEEP dated Se tember
14, 2006 is enclosed. On April 23 2007 the USAGE requested a copy of the restrictive
covenants providing for the preservation of 836 linear feet of stream and 1 07 acres of wetlands
(the remaining jurisdictional area within the tract). A copy of the revised "Declaration of
Conservation Restrictions and Easements" was sent to the USAGE on July 24 2007 Both the
request and the revised "Declaration of Conservation Restrictions" have been enclosed for .
review.
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.
Haw Mountain Enterprises LLC owns additional parcels in the vicinity of the proposed airport
However, all development plans have not been finalized. It is possible that the applicant could
request authorization for impacts on other parcels within Scenic Wolf Development The
applicant understands that future permit applications to impact streams or wetlands will be
considered cumulative and the applicant may have to apply for an Individual Permit if
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October 11, 2007

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
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: Impacts to waters of the US
include the placement of fill material as necessary for the construction of level building_pad
for an aircraft runway and related infrastructure. Only clean earthen fill material obtained
on-site will be used.
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 Type of Wetland
Located within
Distance to
Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
1 Fill Seep No 775 0.15
2 Fill Seep No 40 0.17
Total Wetland Impact (acres) 0.32
3. List the total acreage (estimated) of all existing wetlands on the property: 1.399
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 43.5~n
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
3 UT of Puncheon Fill Intermittent 2 122 0
006
Fork .
4 UT of Puncheon Fill Intermittent 2 34 0
002
Fork .
Total Stream Impact (by length and acreage) 156 0.008
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October 11, 2007

5. 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
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres) 0.0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.008
Wetland Impact (acres): 0.320
Open Water Impact (acres):- 0.000
Total Impact to Waters of the U.S. (acres) 0.328
Total Stream Impact (linear feet): 156
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.
N/A
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.): N/A
Proposed use or purpose of pond (e.g., livestock
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A
VII. Impact Justification (Avoidance and Minimization)
watering, irrigation, aesthetic, trout pond,
Expected pond surface area: N/A
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The applicant has made
numerous changes to the alignment of the runway. Based on the wetland delineation performed
in April 2006, the applicant reduced the width of the runway from 100 feet wide to 75 feet wide
This changed reduced the wetland impacts from approximately 0.41 to 0.32 acres. The 75 foot
width is the recommended minimum FAA standard for small plane airport runway
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October 11, 2007

Furthermore, the stormwater detention areas were relocated so that an additional 0.10 acres of
impacts were avoided.
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.
1. 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 applicant made payment into the NCEEP for 0.5 acres of riparian wetland credits A
receipt from the NCEEP dated September 14, 2006 is enclosed with this application
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
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:
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October 11, 2007

Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): 0.5 (receipt dated 09/14/06L
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. 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 ^
3. 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 N/A )? 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
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba)
2 1.5
Total
Lone 1 extends out 3U feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone l .
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October 11, 2007

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. N/A
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. Impervious surface is estimated at less than 10% of the total project area. The
proposed sediment basins will be converted to permanent detention basins and utilized to collect
Stormwater from impervious surface associated with the runway.
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.
No waste water will be generated from this project.
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 an after-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: All
future development surroundin tg he airport will consist of low density second-home residential
There is no commercial or high density residential planned at this time. Water uality should not
be_ si~nificantl~pacted since there will be very little impervious surface generated in the
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).
N/A
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October 11, 2007

-iy-~~ ~
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Scenic Wolf Airport Page 9 of 9
October 11, 2007

June 6, 2006
RE: Agent authorization
Mr. Riddle,
On behalf of Haw Mountain Enterprises, LLC, you are hereby authorized to act as the agent for
the Haw Mountain airport runway in Madison County, NC pertaining to all wetlands permitting
matters on the above referenced project.
Respectfully
~ ~ ,~, ~ .
,~
Rick Bussey
Owner/Developer
Scenic Wo-f Development
104 N. Main Street
PO Box 864
Weaverville NC 28787
Office: 828-645-1031
Cell: 828-231-1533
Fax: [phone]
rbusseylcr~scenicwolfresort com
www.scenicwolfresort com'

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~180AKLAND ST ° '~° SCENIC WOLF AIRPORT SHEET NO.
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-32682-357 County: Madison USGS Quad: Sams Gan
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Haw Mountain Enterprises, LLC
Rick Bussey
Address: PO Box 864
Weaverville, NC 28787
Telephone No.: 828-645-1031
Copy furnished: Clement 12iddle/Clearwater Environmental, 718 Oakland Street, Hendersonville, NC 28791
Size and location of property (water body, road name/number, town, etc.): Property is approximately 92
acres and is adiacent to unnamed tributaries of Puncheon Fork and Big Laurel Creek off of Wolf
Ridge Road, in the vicinity of Haw Ridge, northesast of Mars Hill, Madison County, North
Carolina.
Description of projects area and activity: This permit authorizes 156 feet of stream impact and .328
acres of wetland impact for the construction of a 75 feet wide runway associated with the proposed
Scenic Wolf Airport and residential development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Special Conditions
a. As mitigation for the unavoidable impacts to 156 linear feet of stream channel and .328 acres of
wetland, the permittee shall execute and cause to be recorded restrictive covenants to preserve
remaining on-site jurisdictional streams and wetlands. The restrictive covenant, the form of which is
to be agreed upon by the Corps prior to recordation, is to preserve 8361inear feet of streams and 1.07
acres of wetlands as detailed in the mitigation proposal submitted to the Corps. Construction within
jurisdictional areas on the property shall begin only after the permittee has furnished the Corps with
the recorded restrictive covenants.
b. In order to compensate for impacts to .328 acres of wetlands, the permittee shall make payment to the
North Carolina Ecosystem Enh:.ncement Program (NC EEPj in the amount determined by the NC EEP,
sufficient to perform the restoration of .5 acres of riparian wetlands in the Upper French Broad River Basin,
Cataloging Unit 06010105.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full
payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the NC EEP
has provided written confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required, in compliance with the MOU between the North Carolina Department of Environment and Natural
Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the attached Nationwide conditions, conditions of the attached North Carolina Wildlife Resources
Commission letter and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to
be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes
to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are

under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked,
you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the
activity under the present terms and conditions of this nationwide permit. If prior to the expiration date identified
below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the
expiration date identified below, provided it complies with all new and/or modified terms and conditions. The
District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific
activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Ronnie Smith at 828-271-7980 x232.
Corps Regulatory Official Ronnie Smith (-~/ ~ Date: August 24, 2006
Expiration Date of Verification: March 18, 2007
-2-

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 10
`Q~OF Vd ATF9QG Michael F. ~v1cy, Governor
William G. Ross Jr., $egetary
r North Carolina l7epurtment ofEnvironmrnt and Natural Rcsourcea
'-i
~ ~ Alan w, Klimek, P.E. Director
Division of Water Quality
July 24, 2006
DWQ Project # 06-1046
Madison County
RicEc Busey
Maw Mouritain Enterprises, LLC
Post Office Box 864
Weaverville, NC 28787
Subject Property: Scenic Wolf Airport
Scenic IIVotF Laurel, Madison County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Busey:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 0.32 acres of wetlands and 156 linear feet
of streams for the purpose of property development at the subject property, as
described within your application received by the N.C. Division of Water Quality (DWQ)
on July 3, 2006. After reviewing your application, we have decided that the impacts are
covered by General Wafer Quality Certification Number(s) 3402 (GC3402}. The
Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army
Corps of Engineers (USAGE). In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-discharge, stormwater,
and buffer regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts tv waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the activities described in your application. ff you change your
project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions_ If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
A01 Wetlands CertlilcatlOn Unii
1650 Mail Service Center, Raleigh, North Carc>fina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phoney 919-733-1786 /FAX [phone]/ Internet: htto://h2o.enr,state nc usinGwetlarsd3
iY ne~lCarU
~atura~~
An Equal Opportunib/Affirmative Action Employer - 5o io Recycled110% POSt Consumer Paper

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 11
Scenic Wolf Laurel
Page 2 of 8
July 24, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

~~ Amount Approved
Units Plan Location or Reference
Wetland 1 0.04 acres Fill
Wetland 2 0.05 (acres ~ Fill -~~
UT to Puncheon Fork 122 (linear feet Culvert
UT to Puncheon Fork 34 linear feet Cufvert
2. Erosion 8~ Sediment Control Practices
Erosion and sediment control practices must be in full compliance with al(
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
a!I construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or (eased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must. be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Poltution Control Act.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 12
Scenic Wo~.f Laurel
Page 3 of 8
July 24, 2006
3. No Waste, Spoil, Solids, or Fill of Any Kind
Nv waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur. ~ .
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shat[ not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shat! be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Stream Stabilization (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you must provide
and receive written approval from this Office for a final stream restoration plan for
the stream segments which currently flow downslope of the proposed runway,
impacted l,y the previous logging operation. The plan must include designs and
specifications that meet the definition of stream restoration (or enhancement if no
relocation is proposed) according to the latest version of the lnterna( Technical
Guide for Stream Work in North Carolina (available ai
http://h2o.ehnr_state.nc.usfncwetlands/strmgide_html). The stream and buffer
relocation must be constructed, maintained, and monitored according to the
plans approved by this Office. Any repairs or adjustments to the site must be
made according to the approved plans or must receive written approval firom.this
Office to make the repairs or adjustments. The created stream must be
preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of this approval.
A. Deed Restrictions -Deed restrictions or similar mechanisms shall be
placed on the lot /lots to assure compliance with the Conditions of this
variance approval. These mechanisms shall be put in place prior to
impacting any waters or buffers. The Deed Restrictions shall include the
following paragraph.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 13
Scenic Wolf Laurel
Page 4 of $
July 2~t, 2006
The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shat! fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without wriften authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued
compliance with authorizations issued by the State of North Carolina,
Division of Water Quality, DWQ Project Number 03-7 030, and therefore
may be enforced by the State of North Carolina. This covenant is to run
with the land, and shall be binding on the Owner, and all parties claiming
under it."
All Deed Restrictions shall be recorded with the County Records Office
within 30 days of issuance of this authorization and copies be submitted to
this office within 30 days of recording_
B. Riparian Buffer Protection Areas -The "Riparian Buffer Protection Areas"
shall include all restored riparian buffers as a condition of this approval.
(25 linear feet from top of bank on both sides of all jurisdictional streams
and around all wetlands).
7_ Diffuse Flow
Devices shall be constructed such that the discharge of any flows less that the 10
year storm event shall not discharge at non-erosive velocities. All constructed
stormwater conveyance outlets shall be directed and maintained as diffuse flow
at non-erosive velocities through the protected stream buffers such that it will not
re-concentrate before discharging into a stream. If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove
nitrogen. These devices will require additional approva! from this Office.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 14
Scenic Woif Laurel
Page 5 0>'8
July 24, 2UU6
9. Turbidity Standard
The furbidity standard of 10 NTUs (Nephelometric Turbidity Unifs) shall not be
exceeded as described in 15 A NCAC 28..0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
10. Construction stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Pian issued by the
Division of Land Resources (DLR) ar a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. if your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres), full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state nc us/su/Forms Documents.htm.
11. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the origins! grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
12. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to .allow for aquatic life movement as well as to prevent head cutting of the
streams- !f any of the .existing pipes are or become perched, the appropriate

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 15
Scenic Wolf Laurel
Page 6 of 8
July 24, 2006
stream grade shat( be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality.
13. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank or wetland edges, associated with any land disturbing activi#y, repair,
replacement and/or maintenance must be done in a manner consistent with the
Guidelines for Riparian Buffer Restoration immediately following construction.
(Please see attached.)
17. In stream construction and disturbance shall be prohibited within 25 feet of the top of
banks except where permitted crossings will occur.
14. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill. Any impact
areas due to grading for impervious structures (such as driveways !runways 1
taxiways) shall utilize retaining walls as opposed to fil! slopes to minimize
impacts.
15. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
16. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water.. Materials used for flow diversions must be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 16
Scenic Wolf Laurel
Page 7 of 8
July 24, 2006
17. Storm water from roads /driveways /impervious areas throughout the project should
be directed to vegetated buffer areas (e.g. level spreaders) or retention basins and
not routed directly to streams. Drop inlets on streams must not be constructed.
18..Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
19.A11 crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
20.A11 mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Discharging hydroseed mixtures
and washing out hydroseeders and other equipment in or adjacent to surface waters
is prohibited.
21. The remaining lengths of streams, wetlands and riparian areas on the tract should
be protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
22.A11 jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
23. Bottomless Culverts must span from high bank to high bank. The digging of footers
which change the flow of the stream, or otherwise impact the natural course on the
stream are prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
if you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 17
Scenic Wolf l.surel
Page 8 of 8
July 24, 2006
This letter completes the review of the bivision of Wa#er Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin.Barnett ncmaii.net or at 828-296-4657.
Sincerely,
~~ .
~ ~~ ~~~~
AWK/khb
for Alan W. Klimek, P.E., Director
Division of Water Quality
Enclosures: GC 3402
Certificate of Completion
Guidelines for Ri arian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Offrce
DLR Asheville Regiona( Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1046.ScenicWolfAirport.approval

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 02
~OF W ATFRQ Michael F. Easley, Governer
`~ G Willittur G- Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
> :~
U -~ Alan W. Klimek, P.1;. Director
Division of Water Quality
July 27, 2006
DWQ Project # 06-1046-Reissue
Madison Gvunty
Rick Busey
Haw Mountain Enterprises, LLC ?
Post Office Box 864 ~ ~.~ (?c ~~~ 's `~j~''~
Weavervilie, NC 28787
Subject Property: Scenic Wolf Airport
Scenic Wolf Laurel, Madison County
Approval of 401 Water Qualify Certification with Additional Conditions
Dear Mr. Busey_
This Authorization is being reissued to correct a grammatical mistake in
condition 7. The intent (and included language) was that all stormwater captured
would be discharged at non-erosive ve{ocities. You have our approval, in
accordance with the attached conditions and those listed below, to place fill within or
otherwise impact 0.32 acres of wetlands and 156 linear feet of streams for the purpose
of property development at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on July 3, 2006. After reviewing
your application, we have decided that the impacts are covered by Genera! Water
Quality Certification Number(s) 3402 (GG3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USAGE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, stormwater, and buffer regulations. Also, this
approval to proceed with your proposed Impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or LAMA
Permit.
This approva! is for the activities described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval
letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h).
This approval requires you to follow the conditions listed in the attached certification and
any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unil
1650 Mail Service Center, Raleigh, Nocfh Carolina 27699-1650
2321 Crabtree Boulevarci, Suite 250, Raleigh, North Cero~ina 27604
Phone' 919-733-1786 f FAX [phone] Internet
I~o°CthCaro}}~~~.a
~QfllCQ!!~l/
An Equsl Opportunity/Atiumetive Action Employer - 50% ftecyctadl10% Poat Consumer Paper

08!17/2006 09:03 8286456133 SCENICWOLF PAGE 03
Scenic Wolf Laurel
Page 2 of 8
July 24, 2006
1. Impacts Approved
The following impacts are hereby approved ~ as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Approved
Units Plan Location or Reference
Wetland 1 0.04 acres Fill
Wetland 2 0.05 acres Fill
UT to Puncheon Fork 122 (linear feet Culvert

UT to Puncheon Fork
34 Linear feet _
Culvert
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices .in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Confrol Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Garolina
Sediment and Erosion Control Manual. The devices shall be maintained on
al! construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c_ For borrow pit sites, the erosion and sediment controlmeasures rr~ust be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 04
Scenic Wol£ laurel
Page 3 of 8
July 2~4, 2006
3. No Waste, Spoil, Solids, or Fiil of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. AI! construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be pertormed so that no violations of state water quality standards, statutes,
or rules occur.
4. No Sediment ~ Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shat! nofi be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1654 Mail Service Center, Raleigh, NC,
27699-1650.
6. Stream Stabilization (Final Plan Needed)
Before any of the impacts authorized in this Certification occur, you. must provide
and receive written approval from this Office for a final stream restoration plan for
the stream segments which currently flow downsfope of the proposed runway,
impacted by the previous logging operation. The plan must include designs and
specifications that meet the definition of stream restoration (or enhancement. if_no
relocation is proposed) according to the latest version of the Internal Technical
Guide for Stream Work in North Carolina (available at
http~/lh2o.ehnr.state.nc.us/ncwetlands/strmgide.html). The stream and buffer
relocation must be constructed, maintained, and monitored according to the
plans approved by this Office. Any repairs or adjustments to the site must be
made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments. The created stream must be
preserved in perpetuity by use of a conservation easement or other similar
mechanism as part of this approval.
A. Deed Restrictions -Deed restrictions or similar mechanisms shalt be
placed on the lot /lots to assure compliance with the conditions of this

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 05
Scenic Wolf laurel
Page 4 of 8
July 24, 2006
variance approval. These mechanisms shall be put in place prior to
impacting any waters or buffers. The Deed Restrictions shall include the
fiollowing paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ). This covenant is intended to ensure continued
compliance with authorizations issued by the State of North Carolina,
Division of Water Quality, DWQ Project Number 03-1030, and therefore
may be enforced by the State of North Carolina. This covenant is to tort
with the land, and shall be binding on the Owner, and all parties claiming
under it."
All Deed Restrictions shall be recorded with the County Records Office
within 30 days of issuance of this authorization and copies be submitted to
this office within 30 days of recording.
B. Riparian Buffer Protection Areas -The "Riparian Buffer Protection Areas"
shall include all restored riparian buffers as a condition of this approval.
(25 linear feet from top of bank on both sides of all jurisdictional streams
and around all wetlands).
7. Diffuse Flow
Devices shall be constructed such that the discharge of any flows less that the 10
year storm event shall not be discharged at erosive velocities. All
constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such
that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to :remove nitrogen. These devices will require add.itiQnal ap.p.rova.l from this
~~ffice.
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shat! be
clearly marked with orange warning fencing (or similar high visibility material) fvr
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 06
Scenic Wolf Laurel
Page 5 of 8
3uly 24, 2006
9. Turbidity Standard
The turbidity.standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 26..0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form €urther violations.
10. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES Genera! stormwater permit
(NGG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents htm.
11. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dime.nsions,.
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
12. Culvert Installation
Culverts required for this project shat! be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 07
Scenic Wolf Laurel
Page 6 of 8
July 24, 2006
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shalE be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. if any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly. .
Culvert(s) shall not be installed in such a manner that wi(I cause aggradatian or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
.. must be installed according to approved.plans. . , .
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless
specifically approved by the Division of Water Quality.
13. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank or wetland edges, associated with any land disturbing activity, repair,
replacement and/or maintenance must be done in a manner consistant with the
Guidelines for Riparian Buffer Restoration immediately following construction.
(Please see attached.)
17.In stream construction and disturbance shalt be prohibited within 25 feet of the top of
banks except where permitted crossings will occur.
14.1E concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surtace
.waters due to the potential for water chemistry change and a fish kill. .An.y. impact
areas due~to grading for impervious structures (such as driveways /runways /
taxiways) shall utilize retaining walls .as opposed to fill slopes to minimize
impacts.
15. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. )nstream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural. dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
16. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions must be removed

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 08
Sce~;ic Wolf Lauxel
Page 7 of 8
July 24, 2006
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
17. Storm water from roads /driveways /impervious areas throughout the project should
be directed to vegetated buffer areas (e.g. level spreaders) or retention basins and
not routed directly to streams. Drop inlets on streams must not be constructed.
18.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
19_AII crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible frvm stream channels to minimize
sedimentation and buffer disturbance.
20.A11 mechanized equipment operated near surtace waters should be inspected and
._.
maintained regularly to prevent contamination of ~~~s~tream ~ waters from~~ fuels,
lubricants, hydraulic fluids or other toxic materials. Discharging hydroseed mixtures
and washing out hydroseeders and other equipment in or adjacent tv surface waters
is prohibited.
21.The remaining lengths of streams, wetlands and riparian areas on the tract should
be protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions-
22.A11 jurisdictional waters on the site steal! be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
23. Bottomless Culverts must span from high bank to high bank. The digging of footers
which change the flow of the stream, or otherwise impact the natural course on the
stream are prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts cr to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you da not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days o€ the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

08/17/2006 09:03 8286456133 SCENICWOLF PAGE 09
Scenic Wolf laurel
Page 8 of 8
3uly 24, 2006
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional.Office at either Kevin.Barnett(c~ncmail.net or at 828-296-4657.
Sincerely,
~~~
for Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office .
Cyndi Karoly, DWQ 401 Central Office
DI.R Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1046.ScenicWolfAirport.approval

09-14-`86 14;49 FROM-DENR EEP
Mountain Enterprises of Wolf Ridge
p O Boy 1386
Mars Till, NC ?8754
project:
County: ,
DWQ #:
USAGE Action lb:
LEp No.
Amount Paid:
Check Number:
l~avv Mountain
Madison
06-1046
2006-32682-357
11,>; -2006-473?
$ 13,923.50
1055
9197152t~1~1
~ l~m.
a ~e~1e
PROGRAM
RECEIPT
September 14, 2006
T-200 P02 U-744
The North Carolina Ecosystem Enhancement Progam (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality CertificationlSeetion 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. 'Y'ou must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance 'with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
Rivvr Basin 'Wetland Credits Stream Credits Buffer 1 Buffer 11
CU
(Sq. Ft.)
(Sq. Ft.)
Ri arian Non-Ri arian Coastal Marsh Cold Cool Warm
Wrench Broad

06010105 O S 0 0 0 0 0 0 0
please note that a payment made to tho Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt.. Any such request must also be accompanied by letters
>iom the permitting agencies stating that the permitand/or authorization have been rescinded. if you have any questions or
need additional information, please contact David Robinson at [phone].
Sincerely,
~~
WIlliam b. Gilmore, Pl~
Director
cc: Cyndi Karoly, Wetlands1401 Unit
Amanda cones, USAGE-Asheville
Kevin Barnett, DWQ- Asheville
Davvn Duff, C1earWater Environmental (fax)
File

North Carolina Ecosystem Enhancem®nt Program, 1652 Mail Service Center, Ral®igh, NC 27699-1652 / 919-715-0476 / wuvw.nceep.net

04/27/2007 10:13 8286456133 SCENICWDLF PAGE 02
)DEPARTMENT OF ~'kl~ ARMY
WILMING~'ON AISTRICT, CODS OF ENGINEEX2S
I51 PATTON AVENUE
ROOM 208
ASIiEVILLE, NOIt'I'H CAROLZIV,A, ~880I-5006
~Lxro
~7IENr70N OF: A,prtl 23, 200
Regulatory Division
Action ID. 2006-32682-357
Mr. Gary Bussey
haw Mountain Enterprises, LLC
Post Office Box 864
Weaverville, North Carolina 28787
Deaz Mr. Bussey:
~ ,'".%
3:
4.r• t; . n
~ ~~ i~T
Please rEference the AugLLSt 24, 2006, Nationwide General Permit Verification we issued
to you authorizing impacts to Water of the US associated with the proposed 92 acre Scenic Wolf
Mountain Resort. IVlore specifically, this verifteatxon authorized impacts to 1561inear feet of
stream acrd 0.328 acres of wetlands associated with the construction of a runway located in and
adjacent to tributaries of Puncheon Fork and Big Laurel Creek, off Wolf Ridge Road, northeast
of Mars Idill, Madison County, North Carolina.
Pursuant to special condition "a" of the verification, you are required to provide for the
preservation of 8361inear feet of stream and 1.07 acres of wetlands (the remaining jurisdictional
area within the tract) by executing and xecording restrictive eoveztants as approved by the Corps.
According to your consultant Mr. Clement Riddle of Clearwater Enviroztmental Consultants,
znc., these restrictive covenants have been recorded. However, the Corps has not received any
draft or copy of the covenants. Additionally, it ktas come to our attention that there may be some
question of ownership of the lands proposed for preservation.
Please be advised that your authorization under natiozxwide permit is conditional upon your
providing the regwired compensatory mitigation. No work within Waters of the t JS may take
place until valid restrictive covenants have been approved by the Corps and xecorded, and a copy
of the recorded covenants has been fwnished to the Corps.
Than you fox your attention in this matter. Should you have any questions please feel free
to contact me at [phone] ext 222.
Sincerely, -'
.,.-~
Tom Walker
Chief, Asheville Regulatory field Office

04/27/2007 10:13 8286456133 SCENICWOLF PAGE 03
2
Copies Furnished:
Roger Edwards
Divzsion of Watez Quality
North Carolina 17epax~trr~eztt of
Environment and Natural Resources
2090 US I~WX 70
Swaxmanoa, North Carolina 28778
Mr. Clement Riddle
C1earWater Envirozurnental Consultants, Inc.
718 Oakland Stxeet
Heztdersonville, North Carolina 28791

CLEARWATER ENVIRONMENTAL C ONSULTANTS, INC.
July 24, 2007
Mr. Tom Walker
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Ave, Rm 208
Asheville, NC 28801-5006
RE: Requested Information
Wolf Laurel Airport Site
Madison County, NC
USACE Action ID: SAW-2006-32682-357
Dear Mr. Walker,
Enclosed is a copy of the revised "Declaration of Conservation Restrictions and Easements" that
was requested by your office. We believe this document addresses the information requested in
Justin McCorcle's email dated May 24, 2007.
Please do not hesitate to contact me at [phone] if you have any questions or comments.
Sincerely,
i f
J _
B
R. Clement Ridd e, P. .S.
Principal
Cc: Kevin Barnett, NCDWQ
Rick Bussey, Wolf Laurel
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com

BOOK 43~ PAGE 7~~,.
STATE OF NORTH CAROLINA
MADI50N COUNTY
FILED in MADISON Count ~. NC on
~u! 18 2007 at 09:33:08 AM
by: Susan Rector
Regisfisr of Deeds
DECLARATION OF CONSERVATION
RESTRICTIONS AND EASEMENTS
(Supplementing that Recorded in Book 415, Page 255)
This Declaration of Conservation Restrictions and Easements (herein "Declaration"} is made on
this the 28~h day of December, 2006 by, between and among: Mountain Enterprises of Wolf Ridge, LLC.,
a North Carolina limited liability company; Wolf Ridges Sld and Realty, Inc., a North Carolina corporation;
Haw Ridge Summit, LLC., a North Carolina limited liability company; Wolf s Crossing, Inc., a North
Carolina corporation; B & E Ventures, LLC., a North Carolina limited liability company; Wolf Mountain
Development, LLC., a North Carolina limited liability company; and Scenic Wolf Development, LLC.,
a North Carolina limited liability company (herein collectively "Declarants").
RECITALS & CONSERVATION PURPOSES
WHEREAS, Declarants are the sole owners in fee simple of the Riparian Buffer Protection Areas
and other real property adjacent thereto, as specifically idenkified herein; and
WHEREAS, the purpose of this Declaration is to maintain wetland and/or riparian resources and
other natural values of the Property, and prevent the use or development of the Riparian Buffer Protection
Areas for any purpose or in any manner that would conflict with the maintenance of the Property in their
natural condition. The preservation of the Riparian Buffer Protection Areas in their natural condition is a
condition of Department of the Army permit Action IDSAW-2006-32682-357 issued by the Wilmington
District Corps of Engineers (Corps), required to mitigate for unavoidable impacts to waters of the United
States authorized by that permit, and this Declaration may therefore be enforced by the United States of
America; and
WHEREAS, this Declaration is issued pursuant to the requirements imposed by the North Carolina
Department of Environment and Natural Resources, Division of Water Quality (herein "Division of Water
Quality" or "DWQ") as the same relates to the Mountain Enterprises of WolfRidge, LLC -Airport, Project
ID: MADIS-2006-007, and this Declaration may therefore be enforced by the State of North Carolina.
NOW, THEREFORE the Declarants hereby unconditionally and irrevocably declare that the
Riparian Buffer Protection Areas and other real property adjacent thereto, as specifically identified herein
shall be held and subject to the following restrictions, covenants and conditions as set out herein, to run with
the subject real properties and be binding on all parties that have or shall have any right, title, or interest in
said properties.

QOOK X39 PAGE 743
FURTHERMORE, in accordance with the Stream Stabilization, Sediment and Erosion Control
measures approved by the Division of Water Quality, and as the same relate to permits issued for the Scenic
Wolf Airport, the following restriction is hereby placed upon all Riparian Buffer Protection Areas, as
identified herein:
ARTICLE I
RIPARIAN BUFFER PROTECTION AREAS
The covenants, declarations, easements, and restrictions set forth in this Declaration shall apply to
the following real properties located within Madison County, North Carolina:
A. Being all those Riparian Buffer Protection Areas as identified on that Plat, captioned "Riparian
Buffer Protection Area Scenic Wolf Mountain Resort, Sheet 1," as recorded in Piat Book 6 atPage
39 of the records maintained by the Office of the Register of Deeds for Madison County, North
Caro] ina; and
B. Being all those Riparian Buffer Protection Areas as identified on that Plat, captioned "Riparian
Buffer Protection Area Scenic Wolf Mountain Resort, Sheet 2," as recorded in Plat Book 6 ,atPage
41 of the records maintained by the Office of the Register of Deeds far Madison County, North
Carolina; and
C. Being all those Riparian Buffer Protection Areas as identified on that Plat, captioned "Riparian
Buffer Protection Area Scenic WolfMountain Resort, Sheet 3," as recorded in Plat Book 6 ,atPage
40 of the records maintained by the Office of the Register of Deeds for Madison County, North
Carolina.
ARTICZE I[
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Riparian Buffer Protection Areas inconsistent with the purposes of
this Declaration is prohibited. The Riparian Buffer Protection Areas shall be maintained in its natural, scenic,
and open condition and restricted from any development or use that would impair or interfere with the
conservation purposes of this Declaration set forth above. Without limiting the generality of the foregoing,
the following activities and uses, upon the Riparian Buffer Protection Areas are expressly prohibited or
restricted:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the natural
features of the Riparian Buffer Protection Areas or any introduction ofnon-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt or
concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line,
pier, landing, dock or any other temporary orpermanent structure or facility on or above the Riparian
Buffer Protection Areas.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial activities,
including any right of passage for such purposes are prohibited.
D. A~?ricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Riparian Buffer Protection Areas are prohibited.

BOOK 43~ P~iOE 744
E. Ve etation. There shall be no removal, burning, destruction, harming, cutting or mowing of trees,
shrubs, or other vegetation on the Riparian Buffer Protection Areas.
F. Roads and Trails. There shall be no construction ofroads, trails or walkways on the Riparian Buffer
Protection Areas.
G. Si a e. No signs shall be permitted on or over the Riparian Buffer Protection Areas, except the
posting of no trespassing signs, signs identifying the conservation values of the Riparian Buffer
Protection Areas, signs giving directions or proscribing rules and regulations for the use of the
Riparian Buffer Protection Areas and/or signs identifying the owner of the Riparian Buffer
Protection Areas.
H. Dumping or Stora¢e. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery or hazardous substances, or toxic.or hazardous waste, or any placement of
underground or aboveground storage tanks or other materials on the Riparian Buffer Protection
Areas are prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and
no change in the topography of the land in any manner on the Riparian Buffer Protection Areas,
except to restore natural topography or drainage patterns.
Water Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced; or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the Riparian Buffer Protection Areas by any means,
removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of
pesticide or biocides is prohibited.
K. Development Rights..No development rights that have been encumbered or extinguished by this
Declaration shall be transferred pursuant to a transferable development rights scheme or cluster
development an-angement ox otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles, dirt
bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Riparian Buffer Protection Areas which is
or may become inconsistent with the purposes of this giant, the preservation of the Riparian Buffer
Protection Areas substantially in its natural condition, or the protection of its environmental systems,
is prohibited.
ARTICLE III
NORTH.CAROLINA.DIVISION OF WATER QUALITY RESTRICTIONS
A. 'I'lie areas shown on the recorded plat as Riparian Buffer Protection Areas, and as otherwise
identified herein, shall be maintained in perpetuity in their natural or mitigated condition. No person
or entity shalt fill, grade, or perform any other land dishtrbing activities; not cut, remove or harm any
vegetation; nor construct any structures or add any additional impervious surfaces, on such protected
areas without written authorization from the Division of Water Quality (DWQ). This covenant is

BOOK -~ ~4 PAGE 745
intended to ensure continued compliance with the authorizations issued by the State of North
Carolina, Division of Water Quality, DWQ ProjectNumber 03-1030, and therefore may be enforced
by the State of North Carolina. This covenant is to run with the land, and shall be binding on the
Owner, and all parties claiming under it.
ARTICLE IV
EASEMENTS GRANTED RELATING TO
RIPARIAN BUFFER PROTECTION AREAS
A. Riparian Buffer Protection Area Restoration Easement. An easement is hereby established upon all
Riparian Buffer ProtectionAreas, and over and upon all properties owned by Declarants upon which
such areas exist and adjacent to such areas, as is minimally intrusive and reasonably required, far
restoration of any Riparian Buffer Protection .Areas necessitated by construction activity or natural
storm damage.
B. Protective Fencine. Tn addition to the restriction on the Riparian Buffer Protection Areas, an
easement is hereby granted upon all areas within five feet (5') but outside such areas for the
installation and maintenance of any clearly marked orange warning fencing (or other similar high
visibility material) for the areas that have been approved to infringe within the buffer, wetland or
water prior to any land disturbing activities.
C. Inspection, Monitorine and Maintenance Easement. A blanket easement is hereby established over,
under and upon all properties upon which a Riparian Buffer Protection Area exists and other
properties owned by Declarants adj acent thereto, as is reasonably necessary and minimally intrusive,
for the purpose of inspecting, monitoring and maintaining said Riparian Buffer Protection Areas,
including but not limited to the placement of permanent monitoring and recording instruments and
equipment upon such properties.
ARTICLE V .
E1~TFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the mitigation condition of
authorizations issued by the United States ofAmerica, U.S. Army Corps of Engineers, Wilmington
District, and therefore maybe enforced by the United States ofAmerica. This covenant is to run with
the land and shall be binding on all parties and all persons claiming under the Declarant,
B. Corps, its employees and agents and its successors and assigns, have the right, with reasonable
notice, to enter the Riparian Buffer 'Protection Areas at reasonable times for the purpose of
inspecting the Riparian Buffer Protection Areas to determine whether the Declarants, Declarants'
representatives, or assigns are complying with the terms, conditions and restrictions of this
Declaration.
C. Nothing contained in this Declaration shall be construed to entitle Corps to bring any action against
Declarants for any injury or change in the Riparian Buffer Protection Areas caused by third parties,
resulting from causes beyond the Declarants' control, including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken in good faith by the Declarants under
emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Riparian
Buffer Protection Areas or harm to the Riparian Buffer Protection Areas resulting from such causes.

BOOK 434 PAGE 746 ARTICLE vI
PUBLIC ACCESS
A. This Declaration does not convey to the public the right to enter the Riparian Buffer Protection
Areas or the adjacent properties for any purpose whatsoever. "
ARTICLE VII
DOCUMENTATION AND TITLE
A. Riparian Buffer Protection Areas Condition. The Declarants represent and acknowledges that the
Riparian Buffer Protection Areas are currently undeveloped land, with no improvements other than
any existing utility lines, Declarations and rights of way.
B. The Declarants covenant and represent that they are the sole owners and are seized of their
respective properties in fee simple and have good right to make the herein Declaration; that there is
legal access to their respective properties, that their respective properties are free and clear of any
and all encumbrances, except Declarations and liens of record.
ARTICLE VIII
NIISCELLANEOUS
A. Conservation Purpose. Declarants, for themselves, their successors and assigns, agree that the
Riparian Buffer Protection Areas identified herein shall be held exclusively for conservation
purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the
Declaration and supersedes all prior discussions, negotiations, understandings or agreements relating
to the Riparian Buffer Protection Areas. If any provision is found to be invalid, the remainder ofthe
provisions of this Declaration, and the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. The Declarants shall record this instrument and any amendment hereto in timely fashion
in the official records of Madison County, North Carolina, and may re-record it at any time as may
be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarants warrants and represents that
to the best of its knowledge after appropriate inquiry and investigation: (a) the Riparian Buffer
Protection Areas described herein are and at all times hereafter will continue to be in full compliance
with ali federal, state and local environmental laws and regulations, and (b) as of the date hereof
there are no hazardous materials, substances, wastes, or environmentally regulated substances
(including, without limitation, any materials containing asbestos) located on, in or under the Riparian
Buffer Protection Areas or used in connection therewith, and that there is no environmental
condition existing on the Riparian Buffer Protection Areas that may prohibit or impede use of the
Riparian Buffer Protection Areas for the purposes set forth in the Recitals.

GOOK X34 SAGE 797
IN WITNESS WHEREOF, Declarants have hereunto set his hand and seal, the day and year
first above written.
Mountain Enterpr' 'dge, LLC.,
a North Caroli -.mite company
Richard
(Co. Seal)
STATE OF NORTH CAROLIlV'A
COUNTY OF MADISON
The undersigned, a Notary Public for County of UU~ ~ ~~1 and State of North Carolina,
does hereby certify that Richard Bussey, Manager for Mountain Enterprises of Wolf
Ridge, LLC, a North Carolina limited liability company, personally appeared before me this
day and acknowledged execution ofthe foregoing instrument onbehalfof the company under
his duly granted authority as Manager.
Witness my hand and official stamp or seal on December 29, 2006.
Jc F t
My Commission Bxpires:~~o`I Not ublic
,stn r, ~~
u?.
C~ '
Wolf Ridges Ski and Realty, Inc., '`~+`;,~~~•~,"•.~ ~~~''•.•~~ ~;
a North Caro ' corporation ~ r ~;;1~ ~ `~~`~`` ~ V
'' ~: `•~ ham. ~- `~ :v
~.
", ,.~.. ,Q ,,~y``..
BY~ • (Co. Seal) r ~ . '>'` ~,
Orville English, Pre ~ nt ~., q
STATE OF NORTH CAROLINA
COUNTY OF MADISON
The undersigned, a I~TOtary Public for County of M ~ ~ SG ~ and State of North Carolina,
does hereby certify that Orville English, President of Wolf Ridges Ski and Realty, Inc.,
a North Carolina corporation, personally appeared before me this day and acknowledged
execution of the foregoing instrument on behalf of the corporation under his duly granted
authority as President.
Witness my hand and official stamp or seal on December 29, 2006.
My Commission fixpires: i o`t S 6'1 Nota Public
. _ >~ .A~
.~ • J,_4 "{ ~'#~.. U "rte =
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,",.
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600K X34 F
B & E Ventu C.,
a North oIi itni tabi ' company
=-~•~ (Co. Seal)
Richard ssev_ naQer
S~:A ,~,,,OFNO7RT~ CAROLINA
~tt'~,~~4I_`i~Q1v M.A.DI;SON
~'~`~' ` ~ j The undersi e a Nota Public or Coun of ~1 _
~` •~' ,,'' •'•. ,U •-•'~~. gn d, r}' f ty and State of North Carolina,
~ ;'12;~,s.r--;: ~ ~cr •_.~ ,^,,.z does hereby cerdfy that Ricltard Bussey; Manager of A & E Ventures, LLC., a North
u+~ :=15s~ ~'° ~ '~ : ~ -.i~; •Camlina limited liability company, personally appeared before me this day and
~~_ ` ~ ' ~~~ ~:; ` z~- aclcnowled; edexecutionofthefore oin instzwxtentonbciaalfofthecompanyunderhisduly
~~ ~~ ~j E ~,._.~~ ~ ~ ~ ~' granted au;'hority as Manager_ S S
`t~' '-:~• ~ ='-~'•~,~'+y t~',s:_~.° Witness my hand atzd official stamp or sea] on December 29, 2006.
~... w
.tea.:"i~ ~
r
My Commission Ex fires: b ~
p 7 Notary ublic
Wolf 1tilountain Development, LLC.,
n North Carolina limited tiabitity company
By:C--'~-~ ` o. Sea
. 1)
Kevin. McTierma; Manager
STATE OF 11TORTIi CAROLINA
covNTx of 14~rADtsoN
~ d ~~ o~s~
~~ ~ .
~`~! ~~ ~ .
~~ C
The undersigned, a Notary Public foz County oft and State of North Carolina,
does hereby certify that KeviT-~ McKenna, Manager for Wolf' Mountain Development,
LLC., a North Carolita tirnited liability company, personally appeared before me this day
and aclcuo~+ledged execution of khe foregoing instrument onbehalfof the compenyundcr his
duty granted autb,ority as Manager.
ulimess rriy hand .and official startup or seal on December 29, 2006.
My Commission Expires: ~:. ~. ill
otary Public

Haw Ridge
a North Car.
BY~ ~ ~ ~ (Co. Seal)
Richard ussev.~ ana~er
STATE OF NORTH CAROLINA
COUNTY OF MADISON
BOOK 439 PAGE 799
The undersigned, a Notary Public for County of a + G;R and State of North Carolina,
does hereby certify that Richard Bussey, Manager of Haw Ridge Summit, LLC., a North
Carolina limited liability company, personally appeared before me this day and
aclarowledged execution oftheforegoing instnument onbehalfofthe companyunderhis duly
granted authority as Manager.
Wituess my hand and official stamp or seal on December 29, 2006.
My Connnission Expires:d 7
Notary ublic ''P,~ ~ ~''~`
•..
~,•~ ,~ ..,~ •. V -
Q ~. ;~
. ~
Wolf s Crossing, Inc.,
a North Caro ~a corporation
r ~
BY~ ~~ ~ (Co. Seal)
Orville English, P tdent
1 E11 E U r' N Oit'1'li CAROLINA
COUNTY OF MADISON
The undersigned, a Notary Public for County of disc ~ and State of North Carolina,
does hereby certify that Orville English, President of Wolf Crossing, Inc., a North Carolina
corporation, personally appeared before me this day and aclrnowledged execution of the
foregoing instrument on behalf of the corporation under his duly granted authority as
President.
Witness my Band and official stamp or seal on December 29, 2006.
My Commission Expires: ( ($/6? Not ublic
t f~~

`+ !` V a~

_ °~ ~
~ ~ :~

BOOK 93~ PA 7~y
Scenic Wolf Dev nt, LLC.,
a North Car a it d 1' > > company
(Co. Seal)
Ulri1 L` V1` lii lJj(,~,[( V~((Jj~jj~A
COUNTY OF MADISON
The undersigned, a Notary Public for County of a~~$oYl and State of North Carolina,
does hereby certify that Richard Bussey, Manager of Scenic Wolf Development, LLC., a
North Carolina linrited liability company, personally appeared before me this day and
acknowledged execution ofthe foregoing instrument on behalf of the companyunder his duly
granted authority as Manager. ,,~~~
Witness my hand and official stamp or seal on December 29, 2006. ~,.•`"`~,5 r [, C " -u~° ~,
My Commission Expires:-~~~ Notary ublic ~+' : O ~.! : ; c~
A : ea
w : Q7 ,
STATE OF NORTH CAROLINA ~ ~ 1 ~ ~ ~ .~
i~ . ~:eti
COUNTY OF MADISON r:~, _ ' `y~ ~~`~'~
~..
~~ ~0
The foregoing Certificates} of ,'/,//°~'~'!!!~!.~ ~~~,,``r`` I
is/are certified to be correct. This instrument and this certificate are duly registered at the date
and time and in the Book and Page shown on the first page hereof
REGISTER OF DEEDS FOR MADISON COUNTY
By Deputy/Assistant Register of Deeds.