20011060 Ver 1_COMPLETE FILE_20010710

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality
June 13, 2001
John Hemmings
Rock Barn Properties
P. 0. Box 234
Conover, NC 28613
SUBJECT: 401 Water Quality Certification
Rock Barn Golf Course Expansion
Catawba County, NC
If you have any questions please contact me at the Mooresville Regional Office, [phone].
Sincerely, !-?
Peter B. Colwell
Environmental Specialist
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Customer Service
Dear Mr. Hemmings:
On June 12, 2001 Mr. Pete Colwell from this office, made a site inspection of the Rock Barn Golf
Course expansion off Shook Road in Catawba County to investigate possible stream impacts. The
inspector found that several hundred feet of stream bank along Lyle Creek had cleared and grading
activities along hole #3 had pushed soil into the edge of the stream in several locations. Also, large stone
had been placed on the banks and in the edge of the stream in order to stabilize the stream bank near hole
#5. Your representatives Mr. Guy Hollar and Al Lassiter indicated that the disturbed banks along hole #3
would also be stabilized with large rock as soon as possible.
Please be advised that the Division of Water Quality (the Division) requires that approval be
obtained prior to disturbing more than 150 linear feet of stream channel or 1/3 acre of wetlands, or when
using Nationwide Permit # 14 under the current Army Corps of Engineers (ACOE) Nationwide Permits.
Also, stream bank stabilization using hard methods requires written approval from the Division if more
than 500 linear feet of bank is proposed. Your representatives were advised to determine the total length
of stream batik stabilization that would be needed and apply for the proper authorization if exceeds 500
linear feet. They were also advised to complete the wort: as soon as possible to prevent further
sedimentation into Lyles Creek.
By copy of this letter, this office is notifying the ACOE our findings and making them aware that
an after the fact permit for stream bank stabilization may be needed for your project. In order to obtain
Division approval for this proposed stream impact, seven (7) copies of the Preconstruction Notification
Application (PCN), along with supporting maps and documentation, should be completed and returned to
the addresses listed in the application. Please make sure that all maps submitted with the application are
of suitable scale (e.g. 1" = 100') and delineate all impacted streams, ponds, and/or wetlands on the project
site. Downloadable copies of the Division's General Certifications as well as the PCN can be accessed at
the Division's Wetland web page: http://h2o.enr.state.nc.us/ncwetiands.
Cc: Steve Chapin, USACOE Asheville Field Office
John Dorsey, DWQ
Doug Miller, DLR MRO
Division of Water Quality 919 North Main Street Mooresville NC 28115 704-663-1699
ut::;PCtl a Ilenl Of tnvlronment lam'
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
December 1, 2000
Catawba County
DWQ Project # 001486
APPROVAL of 401 Water Quality Certification with Additional Conditions
Rock Barnes Properties
c/o John Hemmings
PO Box 234
Conover, NC 28613
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to till 0.01 acres of
wetlands and impact 445 feet of stream channel in Catawba County for the purpose of golf course and residential
development expansion as you described in your application received by the Division of Water Quality on November 29,
2000. After reviewing your application, we have decided that this action is covered by General Water Quality
Certification Numbers 3287 and 3289. This certification allows you to use Nationwide Permit Numbers 39 and 14 when
the Corps of Engineers issues them. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control. Coastal Stormwater, Non-Discharge
and Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions.
If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed
below and in the attached certification.
1. There shall be no direct discharge of a "green" associated with this project into any stream.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Dorney at 919-733-9646.
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Attachment
cc: Corps of Engineers Asheville Field Office
Catawba DWQ Regional Office
Wetland and Natural Resource Consultants Inc, 720 South Main Ave, Newton, NC 28658
File Copy
Central Files 001486
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
http://h2o.enr.state.nc.us/wetlandc.htmI
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130228; 200130229 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Rock Barn Properties; Att'n: Mr. John Hemmings
Address: P.O. Box 234
Conover, NC 28613
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Rock Barn Club Of Golf located on approx. 310 acre tract 1.5 miles north of I-40 Exit #133
on SR 1709 (Rock Barn Road); north of Conover
Description of Activity:
(1) NWP 14 (200130228) - Install a minor road crossing to serve the above referenced golf
course on an unnamed trib. to Lyle Creek. Crossing will impact approx. 110 LF of channel;
(2) NWP 39 (200130229) - Construct a dam to be used for an aesthetic pond on an unnamed
trib. to Lyle Creek. Dam will require fill in approx. 85 LF of the channel. Please note that
no additional authorization is required to clear vegetation above the ordinary high water
level of the stream channels on the property. Avoidance and minimization of impacts to
other waters on the property has been achieved through utilizing bridge crossings vs.
culverting.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
14, 39 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. If your activitiy is
subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive
a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone
[phone]. For any activity within the twenty coastal counties, before beginning work you must contact
the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility
to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date January 2, 2001
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification January 2, 2003
cc: Wetland and Natural Resource Consultants
CESAW Form 591
Revised July 1995
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200130810 County Catawba
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Rock Barn Properties, Att'n: Mr. John Hemmings
Address: P.O. Box 234
Conover, NC 28613
Telephone No.:
Size and Location of project (water body, road name/number, town, etc.):
Rock Barn Properties, Proposed Golf Course / Residential Dev. Expansion. The property is
located on 310 acre tract, 1.5 miles n. of 1-40 Exit #133, on SR 1709; north of Conover
Description of Activity:
Install an arch span road crossing on Lyle Creek for the purpose of providing access to the
above referenced development. The crossing will utilize a double arch with installation of a
single 6-foot wide x 40-foot long concrete footing in the creek.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344).
(check all that apply) Section 10 (River and Harbor Act of 1899).
Authorization: Regional General Permit Number.
25 Nationwide Permit Number.
Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is
accomplished in strict accordance with the attached conditions and your submitted plans. For any activity within
the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management,
telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the
conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a
restoration order, and/or appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact
appropriate State and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or
Nationwide Permit, please contact the Corps Regulatory Official specified below.
Date May 8, 2001
Corps Regulatory Official Steve Chapin Telephone No. [phone]
Expiration Date of Verification May 8, 2003
cc: W&NR Consultants, Inc.
C[SA W Forth 591
Revisal July 1995

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0 North Carolina Wildlife Resources Commission ®
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Division of Water Quality
Dept. of Environment and Natural Resources
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: July 20, 2001
SUBJECT: Review of 401 Application by Blue Land Water Infrastructure for Rock
Barn Golf Course, Lyle Creek, DWQ 011060, Catawba County
The applicant is requesting 401 Water Quality Certification from the North
Carolina Division of Water Quality. The NCWRC has reviewed information provided by
the applicant, and field biologists on our staff are familiar with habitat values of the
project area. These comments are provided in accordance with provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The applicant proposes to stabilize roughly 997 linear feet of Lyles Creek with the
guidance of the Division of Water Quality and the Natural Resources Conservation
Service. This office prefers the use of a more "natural" approach to stream stabilization
whenever practicable. This can be accomplished by using bioengineering techniques as
utilized by the Natural Resources Conservation Service and others in North Carolina.
Mr. Dave Rosgen of Wildland Hydrology largely developed these techniques. We
recommend the planting of a 50'-100' buffer of trees and shrubs along the stream to
provide additional stability, nutrient and pollutant removal, and shade for waters. The
buffers should be allowed to naturalize so as to provide riparian habitats for birds and
animals.
Thank you for the opportunity to review and comment on this project. If you
have any questions regarding these comments, please contact me at 336/769-9453.
Ec: Pete Colwell, MRO
Cc: Steve Chapin, USACOE
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]
Rock Barn Golf Course
Bank Stabilization / Natural Rock
Placement
Adjacent to Holes # 4 and 5
Scale 1" = 100'
N Areas Located with GPS Unit
with Sub-Meter Accuracy
51 Linear Feet of Natural
Rock Placement-1
Below ?rdlnary High Water
28 Linear Feet of Natural
------Rock Placement-2
Below Ordinary High Water
65 Linear Feet of Natural
Rock Placement-3
Below ?rdlnary High Water
Ab? W A T F9pG
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Michael F.-Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 25, 2001
DWQ# 01-1060
Catawba County
John Hemmings
Rock Barn Properties
3791 Golf Drive
Conover, NC, 28613
APPROVAL of 401 Water Quality Certification
Dear Mr. Hemmings:
You have our approval, in accordance with the attached conditions, to stabilize 497 linear feet of shoreline on the banks of Lyle
Creek on your property in Catawba County, as described in your application received by the Division of Water Quality (DWQ) on February
26, 2001. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number
3258, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This Certification allows you to use
Nationwide Permit Number 13 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If-total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC.2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions. listed.
below:
1. The disturbed areas along Lyle Creek must be seeded as soon as the placement of rock is complete;
2. Additional DWQ approval is required for a planting plan which addresses shrubs and plants to be planted. This plan must be'
approved by DWO in writing before work begins. Please send a copy of this plan to Mr. Bob Zarzecki in our Central Office
(1650 Mail Service Center, Raleigh, NC, 27699-1650) and Mr. Pete Colwell in our Mooresville Regional Office (919 North Main
Street, Mooresville, NC, 28115).
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Pete Colwell in our Mooresville Regional Office at 704-663-1699 or Bob Zarzecki at 919-733-9721.
ttachment
Corps of Engineers Asheville Regulatory Field Office
Mooresville DWO Regional Office
Central Files
File Copy
Tamp Bandy, 11 South College Avenue, Suite 206, Newton, NC, 28658
011060
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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MEMORANDUM
TO: John Dorney Regional Contact: Pete Colwell
Non-Discharge Branch WO Supervisor: Bex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Rock Barn Golf Course
Project Number 01 1060
Recvd From APP
Received Date 7/10/01
Recvd By Region
County Catawba
County2
Region Mooresville
Project Type riprap

Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
13 Stream O YO N ? 11-76-(.5) F -c F-- 30,832. r- r-F_ F_

Mitigation Wetland
MitigationType Type Acres Feet

Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant? Q Y 0 N
Is Mitigation required? O Y 0 N Recommendation: 0 Issue # Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 354437 Longitude (ddmmss) 811008
Comments:
The applicant has used natural rock to stabilize 519 feet of shoreline along. Lyle Greek in Catawba
County, The applicant is proposing to use similar rock to stabilize another 497 linear feet of
shoreline. The applicant also proposes . plant buttonbush and other native species between the
large rock to further stabilze the banks and provide some shoreline habitat. Lyle Creek has
apparently been relocated in the past through this reach Morder to enhance agricultural production in
the stream valley. It would appear that the stream is still trying to ad.oust to its realignment as well as
increased stormwater flows. This adjustment along with the development of the golf course has led
to bank erosion along the creek,
cc: Regional Office
Central Office Page Number 1
r 31 1060

July 4, 2001
RBP-1000
U.S. Army Corps of Engineers NC Division of Water Quality
Attn: Mr. Steve Chapin Attn: Mr. John Dorney
151 Patton Avenue, Room 208 2321 Crabtree Blvd.
Asheville, North Carolina 28801-5006 Raleigh, NC 27604-2260
Re: Rock Barn Properties, Proposed Golf Course / Residential Development Expansion
Request for NW13
Dear Mr. Chapin and Mr. Dorney:
The purpose of this letter is to request written authorization under Nationwide Permit 13 and its
WQC for impacts associated with the placement of approximately 997 linear feet of natural rock on
banks adjacent to Lyle Creek for the purpose of bank stabilization.
The potential need for authorization was disclosed to representatives of Rock Barn on a compliance
inspection conducted by Mr. Pete Colwell with the Mooresville Regional Office of the NC Division
of Water Quality at which time they contacted WNRC, Inc. for further guidance. Existing
stabilization actions were evaluated and have been determined to equal 519 linear feet of natural rock
that has been placed adjacent to and above low flow elevations, and below the ordinary high water
mark The rock has been harvested from the site during recent construction activities. The attached
maps and photos illustrate the locations of these stabilized areas. Rock located in areas 1, 2, and 3
adjacent to holes 4 and 5 as shown on the attached maps have not been placed in their final location at
this time. Rocks in these areas are to be removed and/or replaced in order to remain below the 500
linear foot notification threshold. All additional rock placement / bank stabilization will be similar to
that completed adjacent to hole 3.
The project construction manager has identified the potential need for an additional 497 linear feet of
stabilization in order to prevent potential bank erosion and failure adjacent to holes 4 and 5 within the
main curve of the stream. Large portions of this stabilization reach will likely occur above the ordinary
high water mark due to existing natural boulders within the stream bed and adjacent to the creek
banks. The banks located between the existing lake and the creek are of particular concern due to the
potential of breaching the pond should bank failure occur during a large storm event.
The areas to be stabilized are characterized by nearly vertical banks. Interviews with golf course
employees and former land owners have revealed that the Creek and adjacent floodplains have been 7, T3 --c-
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subject to sand mining operations and agricultural modifications. Portions of the creek were relocated r" -
historically by blasting with dynamite and dredging to facilitate these mining operations and
agricultural activities. Evidence of some of the relocation activities on Lyle Creek was found in aerial
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photos taken in 1939. The vertical banks appear to be the result of these activities. The substrate of
the creek is currently located on bedrock or consists of large boulders to cobble, gravel, and sand.
Additionally, the stabilization activities will incorporate the installation of a minimal number of in-
stream structures such as rock veins and or J-hooks as recommended by Mr. Colwell. We are
currently coordinating with the local NRCS for guidance on the placement of these in-stream
structures.
The remaining soil banks and areas between the boulders are to be seeded with native wetland shrubs
and grasses such buttonbush (Cephalanthus occidentabs) and cardinal flower (Lobelia cardinahs)
which already exist within the reaches of the project and Juncus eEfusus, woolgrass (Scirpus cyperinus),
and blue flag (Iris versicolor) for a natural appearance and aesthetics.
Please reference the attached maps for details, and feel free to contact us with any questions.
Best regards,
G?
Tamp Bandy
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Wetland and
Natural Resource
Consultants, Inc-
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Department of the Army
Wllrninpton District, Corps of Engineers
Attn: G. Wayne Wight, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina, 28402-1890
-and-
NC Division of Water Quality
Attn: John Dorney
-401 Reedy Creek Dive
Raleigh, North Carolina, 27614
?:.cs 82
I, the current landowner of the property Identified below, hereby authorize Wetand and
Natural Resource Consultants, Inc. to act on my behalf as my agent during the
processing of permits to Impact Wetiand5 and Waters of the US that are regulated by
the Clean Water Act and the Rivers and Harbors Act.
Federal and State agents are authorized m be on said property when a=rnpanied by
Wetland ana Natural Resource Consultant;, Inc. staff.
Wetland and Natural Resource Consultants, Inc is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record: GvL?.,
Address: 2 L4
Address:
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Phone Number:
Property location :
owners c+gnature: P
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7201 Sou+h Main Ave.
828-312-9207 CNIS NHwton, NC 2868
02.0"312-9205 ,enrifer 328-4653050 Fax
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Name: NEWTON Location: 035° 44'32.4" N 081° 10'03.0" W
Date: 7/4/101 Caption: Rock Barn NW13
Scale: 1 inch equals 1000 feet Approximated Bank Stabilization Areas
Copyright (C) 1997, Maptech• Inc.
Office Use Only: Form Version April
2001
USACE Action ID No. DWQ No. 01 1060
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving
the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 13
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 Wetlands Restoration Program (NCWRP) is proposed for mitigation
of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Rock Barn Properties
Mailing Address: Post Office Box 234
3791 Golf Drive
Conover, North Carolina 28613
Telephone Number: 828-459-1125 Fax Number:
E-mail Address:
2. Agent 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: Tamp Bandy
Company Affiliation: Wetland and Natural Resource Consultants Inc.
Mailing Address: P.O. Box 224
11 South College Avenue, Suite 206
Newton, North Carolina 28658
Telephone Number: 828-312-9206 Fax Number: 828-465-3050
E-mail Address: wnrinc@,aol.com
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: Rock Barn Golf Course Expansion, Lyle Creek Bank Stabilization
2. T.I.P. Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN):
4. Location
County: Catawba Nearest Town: Conover
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Approximately 1.5 miles north of I-40
exit 133
5. Site coordinates, if available (UTM or Lat/Long): Hole 3 Bank Stabilization Area: 35d44'37"N
81d10'8"W, Holes 4 and 5 Bank Stabilization Areas: 35d44130"N 8ld09'55"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
Describe the existing land use or condition of the site at the time of this application: Current
construction of golf course
6. Property size (acres): 310
7. Nearest body of water (stream/river/sound/ocean/lake): Banks of Lyle Creek
8. River Basin: Catawba
Describe the purpose of the proposed work: Stabilize banks subject to erosion
List the type of equipment to be used to construct the project: Heavy equipment tvically used for
eradine and earth moving. specifically track hoe for rock placement
Describe the land use in the vicinity of this project: residential, commercial, agricultural
IV. Prior Proiect History
If jurisdictional determinations and/or permits have been requested and/or obtained for this project
(including all prior phases of the same subdivision) in the past, please explain. Include the USACE
Action ID Number, DWQ Project Number, application date, and date permits and certifications were
issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful
information. Describe previously approved wetland, stream and buffer impacts, along with associated
mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior
segments of the same T.I.P. project, along with construction schedules. Acquired NW permits 14 and
39 and their WOC's for the proposed development expansion DWO Proiect # 001486 issued on
December 1, 2000 and Corps Action ID #'s 200130228 and 200130229 issued January 2, 2001
Additionally, autorization was secured by the US Army Corps under NW25 (Action ID 200130810
issued May 8, 2001) for the installation of a single footing placed in Lyle Creek for the installation
of a double arch span culvert for the a road crossing
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the anticipated
work, and provide justification for the exclusion of this work from the current application: No additional
need for permit requests is known at this time. Future installation of irrigation lines and utilities
are to be attached to proposed bridees crossines.
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. The applicant must also provide justification
for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed
herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all
streams (intermittent and perennial) must 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. Wetland Impacts
Wetland Impact
Site Number

(indicate on
ma)
Type of
*
Impact
Area Impact
(acres) t Located within
100-year

Floodplain**
(es/no Distance to
Nearest

Stream (linear
feet

Type of Wetland***

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood
Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the
FEMA Map Service Center at 1-800-358-9616, or online at hqp://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested
wetland, beaver pond, Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average
Perennial or
Site Number Type of Impact Stream Name** Width of Intermittent?
(indicate on Impact* (linear Stream Before (please specify)
ma feet Impact
Hole 3 bank stabilize 397 Lyle Creek app. 17 feet perennial
Holes 4 and 5 bank stabile app. 600 Lyle Creek app. 17 feet perennial
Holes 4 and 5 J-hook or veins 0 Lyle Creek app. 17 feet perennial
T List eacn impact separately anti identity temporary impacts. Impacts include, but are not limited to: culverts
and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include
linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed
tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the
USGS at 1-800-358-9616, or online at www.usgs.gov_. Several internet sites also allow direct download and
printing of USGS maps (e.g., www.topozone.com, www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 997 If bank stabilization
Open Water Impacts, including Lakes, Ponds. Estuaries, Sounds, Atlantic Ocean and any other Water
of the U.S.
Open Water
Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact

(acres)
Naine of Waterbody
(if applicable) Type of Waterbody

(lake, pond, estuary,
sound, bay, ocean, etc.)

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill,
excavation, dredging, flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be included
above in the wetland and stream impact sections. Also, the proposed pond should be described here
and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down
valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local
stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and financial
viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and
explain why these design options were not feasible. Also discuss how impacts were minimized once the
desired site plan was developed. If applicable, discuss construction techniques to be followed during
construction to reduce impacts.
Stabilization is proposed to reduce the potential of future erosion and bank failures Existing banks
are characterized by nearly verticle side slopes formed as a result of historical dredeging and
channelization of the creek. The top of the banks of the creek are between 5 and 8 feet above the
ordinary high water mark. The channel has reached bedrock and or large boulders (in excess of 3'
in diameter. Bebrock grade control is present throughout the reaches of proposed bank
stabilization which alleviates concern for downcutting of existing channel Access for instream
strucure installation will be from existing temporary equipment crossings that were authorized by
the approved sediment and erosion control plans. Instream structures are to be placed at the
recommendation of the Mooresville Regional Office of NCDWO and with guidance of cooperating
NRCS staff.
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 March 9, 2000, 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 NCWRP 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.ne.us/ncwetlands/strmgide.htnil.
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 purpose of the proposed bank stabilzation activities is to help preserve water quality and
address potential bank failure and erosion concerns on Lyle Creek.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program
(NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to
pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved
before it can be used to satisfy mitigation requirements. Applicants will be notified early in the
review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For
additional information regarding the application process for the NCWRP, check the NCWRP website
at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the
appropriate box on page three and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): _
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the requirements of
the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure
whether a NEPA/SEPA document is required, call the SEPA coordinator at [phone] to review
current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of
the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A
NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer
Requirements), or other (please identify ??
Yes ? No ® If you answered "yes", provide the following information:
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 3
2 1.5
Total
Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of
Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment
into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within
15A NCAC 2B .0242 or.0260.:
XI. Storm water (DWQ Only)
Describe impervious acreage (both 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: Master Plan Golf Course and Development is less than 24 percent
XI1. Sewage Disposal (DWQ Only)
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: Municiple Sanitary
Sewer
XIII. Violations (DWQ Only
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. 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):
7111101
Applicant/A ent's Signature/ Dat
(Agent's signature is valid my if an authorization letter from the applicant is provided.)
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