20020364 Ver 1_COMPLETE FILE_20020308

Q2-?36?
41G' ?? ?
® North Carolina Wildlife Resources Commission
Charles R. Fullwood, Executive Director
April 10, 2002
Mr. David Baker
U.S. Army Corps of Engineers
Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
SUBJECT: James Vanderwoude - Trustee 404 Permit Application
Culverts for Commercial Site - UT McDowell Branch
Macon County, North Carolina
Dear Mr. Baker:
Mr. Mike Owens, on behalf of James Vanderwoude, Trustee, is requesting a letter of concurrence
from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S.
Army Corps of Engineers. I have reviewed information provided by the applicant, and I am 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 install 149 feet of culvert in an unnamed tributary to McDowell Branch to
facilitate construction of commercial buildings. An additional 152 feet of McDowell Branch will be adversely
impacted by the use of a bottomless culvert. Thus, a total of 301 feet of stream will be adversely impacted by
the project. It is our understanding that the Division of Water will be closing this loophole on bottomless
culverts.
Our greatest concern from this project other than the loss of 301 feet of stream channel is the impact
associated with increase stormwater discharge from the commercial buildings and parking lots. Stormwater
discharge could have adverse affects downstream of the site in McDowell Branch and will have a cumulative
impact on habitat of the Little Tennessee River. The Little Tennessee is characterized by severe bank erosion
and efforts are underway to stabilize eroding banks along the Little Tennessee River.
McDowell Branch is not classified or designated as trout water. It is the opinion of biologists with the
NCWRC that this project will not result in adverse impacts to trout.
We are concerned about the potential impacts to aquatic resources within this drainage, especially
impacts associated with stormwater discharge, from the installation of the culverts and commercial
development. The NCWRC will not object to the issuance of a 404 permit for this project provided that the
subject permit is conditioned as follows.
1. Adequate sedimentation and erosion control measures must be implemented prior to any ground-
disturbing activities to minimize impacts to downstream aquatic resources. Temporary or
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 0 Fax: [phone]
James Vanderwoude - Culverts 2 April 10, 2002
Macon County, UT McDowell Branch
permanent herbaceous vegetation should be planted on all bare soil within 15 days of ground
disturbing activities to provide long-term erosion control. Erosion control matting in conjunction
with appropriate seeding should be used on disturbed soils at the road crossing and adjacent to
streams.
2. Culverts that are less than 48-inch diameter should have the floor of the barrel installed 20% of
the diameter of the culvert belov , F*hP stream bottom. Culverts that are 48-inch
diameter or larger should be pla -' -pproximately 12 inches below the
stream bottom to allow natural G me established in the culvert
following installation and to prt - periods of low flow. This may
require increasing the size of th ce requirements.

3. Under no circumstances shout'. ?)e dredged from the wetted stream
channel under authorization o{ Jiate vicinity of the culverts.
Instream dredging has catastr - disturbance of the natural form of
the stream channel will likely Diems, possibly affecting adjacent
landowners. -
4. If possible, culvert should bc dbags, flexible pipe, or other
diversion structures should be used where ze excavation in flowing water.
5. If concrete is used during construction of the road crossing (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 elevated pH.
6. Stormwater from the roads and building should be managed to maintain the quality and quantity
of stormwater to pre-construction conditions. The stormwater should be directed to vegetated
buffer areas and retention basins and should not be routed directly into streams.
7. Riprap placed for bank stabilization should be limited to the streambank below the high-water
mark, and vegetation should be used for stabilization above the high water elevation.
8. Native woody vegetation (e.g., rhododendron) should be reestablished up and downstream of the
culvert crossing along remaining open channel if vegetation is removed during construction. This
will maintain streambank stability and provide canopy cover over the stream.
9. All 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.
10. Discharging hydroseeding mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited.
Thank you for the opportunity to review and comment on this project. Pending availability of field
staff, the NCWRC may inspect the work site during or after construction. If there are any questions regarding
these comments, please contact me at [phone].
Sincerely,
UZ.- -
Owen . An erson
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. James Vanderwoude- Trustee, Applicant
Mr. Mike Owens, Consultant, Mountain Geology,
Mr. John Dorney, Wetland Scientist, Division of Water Quality
\O?0Y V C/?pG Michael F. Easley
Governor
7 William G. Ross, Jr., Secretary
> y Department of Environment and Natural Resources
4 Alan Klimek, PE, Director
Division of Water Quality
June 11, 2002
DWQ Project # 02-0364
Macon County
Page 1 of 2
(Replaces Approval dated May 17, 2002.)
James Vanderwoude, Trustee
1281 Georgia Road
Franklin, NC 28734
Subject Property: Knox Project, US 441 South, Franklin, NC
Unnamed tributary stream to McDowell Branch [04-04-01, 2-16, C]
APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS
Dear Mr. Vanderwoude:
You have our approval, in accordance with the attached conditions and those listed below, to impact 149 feet of
stream to construct the proposed road crossing at the subject property as described within your application dated March
4, 2002 with additional information dated April 15, 2002. After reviewing your application, we have determined that the
stream impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3362.
This Certification allows you to use Nationwide Permit No. 39 when issued by the US Army Corps of Engineers (USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected Neuse River Buffers as
required under 15A NCAC 2B .0233(8). In addition,youu should get or otherwise comply with any other federal, state and
local requirements before you go ahead with your project including (but not limited to) Erosion and Sediment Control
Permit. 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 except as modified below.
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 feet stream,
-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 DWQ General Water Quality Certification No. 3362 and any additional conditions
listed below.
Conditions:
1. If total cumulative stream impacts on the property meet or exceed one hundred and fifty (150) feet, then stream
mitigation and stormwater management will most likely be a required condition for the additional impacts.
2. Any proposed retaining walls or other fill or stabilization techniques shall not be placed within the active stream
channel or banks without written approval from the DWQ.
3. 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.tt
ached certificate of completion to the 401/Wetlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Page 2 of 2
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 Mr. John Domey at 919-733-9646.
Sincerely,
limek, ,
D Q, Director
Attachment: General Water Quality Certifica on No. 3362
Cc: Mike Owens, Mountain Geology, 1325 Dills Cove Road, Sylva, NC 28779
Mike Parker, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006
File Copy
Central Files
DWQ 020364
June 11, 2002
(Replaces Approval dated May 17, 2002.)
wArF9p?
r
n ?.
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
- a Division of Water Quality
May 17, 2002
DWQ Project # 02-0364
Macon County
Page 1 of 2
James Vanderwoude, Trustee
1281 Georgia Road
Franklin, NC 28734
Subject Property: Knox Project ,
Unnamed tributary' stream to McDowell Branch [04-04-01 2-16, C]
APPROVAL of 401 Water Quality Certificatio
Dear Mr. Vanderwoude:
You have our approval, in accordance with
stream to construct the proposed road crossing
4, 2002 with additional information dated April 1
stream impacts are covered by the Division of ?
This Certification allows you to use Nationwide
This letter shall also act as your approved Auth
required under 15A NCAC 2B .0233(8). In add
local requirements before you go ahead with y(
Permit. Also, this approval will expire when the
General Certification.
/'o ev C'
?J ` R??-- c ru!"4
i1/C
5 d dj'-

:o impact 149 feet of
application dated March
the determined that the
tification Number 3362.
ps of Engineers (USACE).
Neuse River Buffers as
iy other federal, state and
end Sediment Control
Nise specified in the
This approval is only valid for the purpose; i except as modified below.
If you change your project, you must notify us < ration. If the property is
sold, the new owner must be given a copy of tl ? responsible for complying
with all conditions. If total fills for this project (ror 150 feet stream,
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 DWQ General Water Quality Certification No. 3362 and any additional conditions
listed below.
Conditions:
1. If total cumulative stream impacts on the property meet or exceed one hundred and fifty (150) feet, then stream
mitigation and stormwater management will most likely be a required condition for the additional impacts.
2. Any proposed retaining walls or other fill or stabilization techniques shall not be placed within the active stream
channel or banks without written approval from the DWQ.
3. 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 401metlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. This certification and its conditions are final and binding unless you ask fora 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 Mr. John Dorney at 919-733-9646.
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/
Page 2 of 2
Sincerely,
g J. Drp P4h.
D Q, Acting Dir Attachment: General Water Quality Certification No. 3362
Cc: Mike Owens, Mountain' Geology, 1325 bills Cove Road, Sylva, NC 28779
Mike Parker, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006
File Copy
Central Files
DWQ 020364
May 17, 2002
1325 Dills Cove Rd. Aa?
Sylva, NC 28779 MOUNTAIN GEOLOGY, INC.
FIL r COPY
04/15/02
Mr. John Dorney
NC Division of Water Quality
Wetlands/ 401 Certification Unit
1650 Mail Service Center-
Raleigh, NC 27699-1650
RE: DWQ # 02-0364
Macon County

Phone & Fox
[phone]
APR ! 720
This is in response to your letter of April 2, and our subsequent telephone
conversation.
Current plans are to drop the use of bottomless culvert, and install only 149 feet of
4-foot diameter corrugated metal pipe culvert. The Asheville office of the US Army
Corps of Engineers indicates this project will fall under their nationwide permit # 39.
Additional information you requested.
1. Indicate the existing stream on the site plan. This is shown; the stream enters
the property from the west and exits to the east.
2. Indicate the total length of the stream to be impacted. This was shown on the
drawing; however, the total impact will now be only 149 feet, since the
bottomless culvert will not be used.

3. Answer question # 11. The only question # 11 is in section II, and it was
answered.
4. Mitigation. Since the disturbance is limited to 149 feet of stream, mitigation
will not be necessary.
Please expedite this application; it was submitted over a month ago and still has not left
your office. If you need further information, please contact me as soon as possible to
speed up this process.
MICHAEL H. OWENS
Copies: James Vanderwoude
Asheville Corps of Engineers
04/01/02
f i
p
APR 8 2002
/ 'If WET
WATE
Mr. Michael Parker "trTY SECTION
NCDNER - Water Quality Section `-
59 Woodfin Place
Asheville, NC 28801
RE: 401 Application
DWQ Project No. W 02-0148
WQS comments and Additional Information
1. The proposed actions on this property are to install 149 feet of 24" CMP culvert
and 46 feet of 6' wide x 3'high bottomless culvert, and to fill over these culverts.
Some, or all, of the`existing culvert may need to be'moved`and/or replaced to
facilitate this work:
2. The existing pipe was in place when the property was purchased March, 2000.
No information is available as to the installer or date of installation.
3. The attached site plan and purchase offer show there is no alternative other than to
pipe the stream and fill the site.
4. Other requirements will be addressed as needed.
If you need further information, please contact me at your convenience.
MICHAEL H. OWENS
Attachments
Copies: WQS - Raleigh
USACE - Asheville
OFFER TO PURCHASE AND CONTRACT
v}!'33?•(. f ?^r"S'Lq RQliv , as liuycr,
hereby ,hers to parehor- and o+'T]G ?, FD-Li r?na c , as Sella-
upon acceptance ol'said -offer, agrees In sell and con -cy, all of Illal plnl. piece or parcel of land described below, together with all improvements located diereon and such
fixtures and personal pr,pens as are listed bclms (colkdi, 1, relcrrcd to a% "the Properly"). upon Ihc following Icons and conditions:
I. Kh,.\I. I'I(UI F It I'1': I.Icalcd I I I the C',p of 5YlYG_L.. . C,ntlw of
?Q G?SOhStale ol'Nurth Carolina, being known as and more particularly described ;s:
Street Add., _,L/ Pte-} YYig,,< _ S.(ta-,- Q,SpifQj_4 La. A/ C- lip Q9 7? f
I.agal Desiriplion:_ ??? 4, 's'tj,Q[AIXLB/?___?r:_b • Ac
All (3 AT it on of line prop •rty in Ikcd Rel-nec: Book . page No. County.)
NOTE: Prior to signing this Oiler III Purchase :mud Contract. Ituycr is adci.sed to review Restrictive Covenants. it ally. which may limit the to- ol'the property. ;.old to
read the Declaration of Restricficc C'o%euanls. Ili'-I .ants. Articles of Incorporation. Rules and Regulations.: and other governing documents o1' Ihc owners* association
and4v the subdivision. il'applicahfe.
2. FISfURES: The following hens, if any, arc included in lire purchase price free of liens: any built-in appliances, light fixtures, ceiling fans, attached floor
coverings, blinds. shades. drapery rods and curtain rods, brackets and all related hardware, window and dour screens, swnn windows, combination doors, awnings.
mucanas. satellite dishes and ..,.elvers. burglar fire/smoke ahtnns, p, I anti spat eynip.1 ells. solar energy syslcnns, attached fireplace screens. gas logs, fireplace insws,
electric garage door ollicu- oith emnhill .. ould-, plant and trees (other than in movable containers). basketball goads. slorage sheds, i nailboxes, wall and:or door
nninors, and ;uw other items attached ,r afli-I to the Prolxrty. F:SC'hl'T the fill-iug items: I / ?
3. PERSONAI, 1'ROI'ISR'I'1':'Ilne lollowing personal pn,peny is included in the purchase price:
4. PUR('l1ASE I'RIC'E: Ili, purchase line, IS S and shall be paid as lollonvs:
(a) $ ._/P., 0 00, r 00. , FAIL NEST MONEY DI(1'OS 1'1' with this offer by n cash ? porsonal check Dd bank check ? certified check ? other:
LO. Ong: V?1 _In be deposited and held in csrra v be K(.L]pC'?'l ?YO/Yy?Cj'TI'
lisaoo' Age"") until the sale is elosrl. al which In is it will he credited to Bower. n until [],is contract is otherwise terruinaled. Ili the event: (1) Ibis o1Ter is not
accepted: or (2) arc of the conditions herein arc not salislied. Ihcn all earnest monies shall he rctunocd to Buyer. In the event of breach of this contract by Seller. upon
13uwcr's request. all canncst nu,ancs shall be rammed to Iluyer, but such return shall nut ;lied any other remedies available b) Buyer for such breach. ht the event this
ollir is accepled and 13 uyrr breaches Ills e,nlracl. then all rannsl .,I shall hr forl'rlel upon Seller's rcquesl. but receipt of such lirclciled earucsI monies shall not
allect :mv other renwohes available t, Seller fur s-1, breach.
NOTE: In file cvcnl of a dispute Ix wren Seller and Iluyer ova fire return or I'orlcilure of a rucM money held in escrow by a broker, The broker is required by state law to
retain said earnest money in the broker's trust or escrow account until it wrillen release Croon the parties consenting to its disposition has been obtained or tntlil
diabursennent is ordered be a coon ol'r,ngn•Ienl luriulid ion.
(h) $ . . AD011IONA1. 1;'A NI:S I NIONE)' DIA'OSI I h, he J, I I, F""", Agonl n, later than
'I INIF: BEIING OF 1111( 1(SSI:NC'F: \VI'1*11 RI:(iARD'I'O SAID DA I V.
(c) $ I BY ASSI INI ITION ol'the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on tire
properly in accordance with the aflaehcd Lunn Assunq,lion Addendum.
(d) $ . B)' SELLER FINANC'IN6 in accorlancc with the attached Seller Financing Addendum.
(e) $ 0.00 . BAI.ANC E ol'the purchase price in cash at Closing.
5. C'0NDI'110NS: (Stale N':\ lot each blank that is not a coudilion to this contract.) - -
(a) n3uvcr inusl be able I, obtain a_ I 1:\ _\':\ 2T adr FIIA VA Pinan,ing :\ldcndmn) _ Conventional_ Other: loan at a_ I:ixcd Rate
_ Adjustable Rale in the principal ant If ,I' y4 (plus any financed VA Funding Fee or FIIA Wit) torso Icnu of
year(s), at art i olcre l tale nol to ecceel _f?kfot. "o per annum. wilh mongagc loan discount points not to exeeeJ %ofthe loan amount.
Buyer shall apply for said earn ss ill, in laws of Ihc EIfal i ve Dalc o1' Ibis contrael. Iluyer %h;dl use Iluyer's hest efforts to secure Ihc lender's cuslontarv
loan conuui[nncul letter ,u or helo'e [a)jn and to s;rtisl'v all terns awl conditions I'dw loam co nuniunen( letter by Closing. Auer the
ahx)ve letter dale. Sella may rcquesl u, writing floor Buvcr a copy of the loam conuuinuent letter. If Iluyer lnils to provide Seller a copy of the loan commitment letter or a
written waives of fills Iran con hlion within live days ol'receipt ol'Sellers request. Seller may lemtimne (his contract by written notice to Buyer at any little thercaller.
provided Sella has not then received a copy of the letter or the waiver. Bu) cr shall be responsible for all costs with respect to any loan obtained I,y liuycr, except if Seller
is to pay any ol'lhe liuycr', ('lasing Lasts (uwI hug loan liscuunl Point,). ill-, costs are s Rdlows:
(b) 'Ihtrc null hr no nxtrid ions rase Irnl. n mg ,r Iher g-- na aid regulation that would prevent the reasonable use of the Property li,r
CWrNl R.4?- ?.4L?L1A.? purposes.
(c) 'Ihc Property Into be in substantially the saunc or better condition at Closing as on tine (late ofihis ulcer. reasonable wear and tear excepted.
(d) All decds of Inst. licit, and ,flier charges against the I'ro(xnc• not ;ssunled by Iluyer. nnsl be paid and sabsfued by Seller prior to or al Closing such that
cancellation Ili:,\ he pro iplly obtained following Closing
. Scllcr shall remain oMig:dcd to ,Main any inch antcdlalions following Closing.
(e) 't'itle nuns) Iie lrliycral at dying by OF:NFRAL WARRANTY DIED unless othcrvisc staled herein, and must be fee simple marketable title, Ilce of all
eucunnbrmce, except: ad ,admen taxes for Ihc current year (prorated through the late of ('losing): utility cosenncnls and unviolaled restrictive covenants that do not
mafaiallw alle,11 the rduc of the Pr,pen.: and such other cucumhr:u,cc, as ntay be assumed or spccilicall) approved by Buyer. 'Ihc Properly must have legal access to a
public right of way.
6. SPECIAL ASSESSMEIN'I'S: Seller wanauls that there are no pending or coulinued governmental special assessments far sidem/aw?lk..1paving. water, sewer, or other
inmprovuncuts on or adjoining the Pr +fri and it, penning or confirmed owners association special assessmmens. except ax follows: C •.1`k, 5P . ?G^ WeZLll,r'
AQ Y?L 'pcowlc??1 _
(Insert "None" or Ihc identification ol'such asxessncnis, if arc.) Seller shall pav all owners ' association assessments aid all govenunenlal assessments confined through
file time ol'C'lo,ing. if any, and lftwer shall take tide subject to all pending assessments, if any, unless otherwise agreed is Ibllows:
7. PRORA'l'IONS AND AD.IUSTNIEN'1'S: I Dotes otherwise pnwfd:d, line following items ,hall he prorated and ci(her adjusted betwecn the parties or paid al
Closing: (a) Ad valorem taxes on real propene shall he prorated ,n a calendar wear basis through the date of C'Insin& (b) Ad valorem taxes on personal properly fix the
entire year shall he paid by Ihc Seller unless the personal property is cnoveyed to Ihc Buyer, in which case. Ihc personal property taxes shall be prorated on a calendar
year basis through The die of Closing: (c) ;\If hate listing penalties, il' ativ. shall he paid Iw Scllcr. (d) Reuts• Warty. for the Property shall be prorated through the Jane ol'
Closing: (e) O wnere' a--alien dues and ,firer like charge, shall he pn,raled through the date of Closing. Seller rcprescnis that the regular owners' association dues, if'
any.;rte$-_N?fl--- I1ef --- H. ('LOSING EXPENSES: Seller shall pav for preparation of a Iced :uul all oleo dovncnls necessary to perl'omn Sellers obligations under this agreenwnl, and Ii,r
excise tax (rewcnuc stamps) required by law. Buyer shall pay for recording the deed :ntd Ibr pn:paraion and recording ol"all insimments respired to secure the balance ul'
Ilse purchase price unpaid at ('losing.
9. 1'UEI,: Ill. vcr ag-, h, purchase lions tiller Ibr fuel. il' aw. minaWd in any Dank ."file Properly at the prevailing rate with tl,o cost of measurement Ihercoll if any,
being paid by Seller.
11). EV IDI!NCI', OF TI'11,P:: Scllcr agrees to use his best a Ions to deliver to liuycr as soon as reasonably possible aller Ihc Effective Dalc of this contract, copies of all
title inloruation in Ixsscssi,n ol'or awailxhle h, Seller. including but not Iimiled to: title insurance policies, altomcv's opinions on title, surveys, covenants, deeds, notes
and deed, ,I'tn.1 and cascmm?k relating to the 14opcny.
11. I.ABOR AND NI:\'f ERL\I, Seller shall It It al (A E; an adlidawt au,d indcnuulicmion agreement in Ilona .salisflclory to Buyer showing That all labor and
manerials. Warty. furnished to the Properly within 120 days prior to the dale of Closing have been paid I'ur and agreeing to indemnify Buyer against all loss front limy
eansc or chain ;rising thercl),m. This Ibrru has hero jointly approval by the.
North Carolina Bar Association
North Carolina Association of REALTORSP' ?, S'1'ANDAKD poRNi 2
Page I of?
liuycr Initials seller Initials L,
113 .
REALTOR' __;? LCG S\r rruu xa .c
arosrurarr
EXIT Snnkev Mountain Beale, 557 E. Main Street. Franklin NC 297.14 -
Phone:[phone] Fax: [phone] Dan llav:vo-. Broker '1'6255457.ZFX
Produced will ApForm"' by RE Form siet, LLC 18025 Fdtem Mile Road, Clinton Township, Michigan 48035,(800)383-9W5
12. PROPERTY DIS('Ll (SURF, AND INSPVUI IONS:
Fe(n) Pnrprrty Disclosure:
D Ih,ver has received a signed copy of the N.C. Residential Property Disclosure Statement prior to the signing of this Oll'er to purchase and Contract.
D tiny,, has NOI' reccivcd a sigucd copy of the N.C. Residential I'nqurty Disclosure Slaleni •nl prior to the siynting of this Offer to Purchase :Ord Contract and shall
have the right it, lenninale hr wilhdraw (this contract without penalty prior to w'1IIC'IIRVRR Oh'I'lIE FOLLOWING EVENTS OCCURS FIRST: (I ) the end of the
third calendar day following receipt of lire hn.elowre SlatenenP. (2) lite end of File third calendar day following the date the contract was nualec or (3) Closing or
occup rev by lite IhnFcr in lire rase of a sale or exchange. 1 w 1 n
D Exempt IFoin N.C. Residental Proper.' Disclosure Slalanenl because (SEV (it 11DELINES) IJ T?
D 'the Propeiv is residential and was InuIIpoor h, I-PU (.\trach Lead-Bi-d Pisan or I cad-based faint I l:,ards Disclosure Addendum.)
(h) Properly Inspection: Toles, ulhcr,Isc slated hucuh, or as otlherwixc provided tin an inspection addendum attached hereto. Buyer shall have the oplion of
inspecting mr, obtaining at Itueer's espersc. uh.pcdunrs to &I........ the cunddion of [he Property. Unless otherwise staled herein. it is a eon(litiowol'this contract Thal:
(i) the brill-in applianeec electrical s, klonr. plumbing syslrm. hiding and cooling syzlenw, roof o,"ings (including flashing and gullets), (hoofs and windows, exterior
surfaces. slructund components (Including Ibundaltnn.. columns. chinmeys, Boors, walls. ceilings and roofs). porches. and decks. fireplaces and Ihnes, crawl space and
:title ventilalion systems (if arc), water and sewer s%slcnls (public :Ind prnale). shall be i,cribri ring the funclion tier which intended :Ind shrill not he in need of innnnediale
repair: (it) there shalt be no unusual drainage conditions or evidence of excessive toomuire adversely affecting the sruclure(s); and (iii) there shall he no friable asbestos
or existing environmentall laminalion. Any nrspeehons shall he completed and written notice of necessary repairs shall be given to Seller on or belbre
?_-? . Scilcr shall pnwalc s,rillen notice w Bn%cr of Seller's response within - days ul' Buyer's notice. Buyer is advised In have any
inspections made prior br incurring cxLnsec for Closing and I,, sullki •ul hm • t) n emit any required repairs t) Ix: completed by Closing
(r) w'oal-Destroying Insa•ts: Unless oherwise slated herein. Rover shall have the oplion of obtaining. at Buyer's expense. a report from a licensed pest control
operalor on a sl:mdard lhrun in accordance wth lire rerulauons of the North Carolina Slnretural PCs[ Control C'onuuillee. Staling Thal as to all structures except
--_--------------- -_? __-- there was no visible evidence of wood-destroying insects
and containing uO indication of visible danagc therch-ono. Ibe rcp)rt nmsl be obtained in sullicient lime so as to pemnit treatment, if any, and repairs, if any. to be
.ompicled prior to Closing. All treatment required shall he paid i'or by Seller and completed prior to Closing. unless otherwise agreed upon in writing by (he parties. 'Ibe
liuver is advised that Own ?slw.Iion r.pnrl iks nlud Fir this p.?ragrapl( ht_raLnot alwajs rew_cal-cilhcr structural d: inaec or drinage caused by agents or organisms other than
wood-destroy I, gun'ects. In I,,. cu F,inrct r. Seller hall provide a standard warmly nl' leruu(e soil treatment.
(d) Rriv io: 1'ursuanl to any ntspedlons in (b) and or (e) above. if : r% repairs ;Ire necessary. Seller shall have the option of completing (hem or refusing to complete
their. ll' Seller elect. nut to complete the repairs. Ill- Ituyer shall have the option of accepting the property in its present condition or lemninaling this contract. in which
case all earnest ninnies shall be refmuled. 14dess olhenvisc slated herein. or as otherwise provided on an inspection addendum attached herein. ally- i(ens not covered by
(b)(1). Is (it), b (Inland (') abo'c are excluded In in repair megolianons under this contract.
(e) Acerptanve: ('I.OSIN(: SMALL C'ONSfITI'"Ile; A('(T:1'T AN(T•: OF E,%('11 OF TllE' SI:STENIS ITENIS AND C'ONDIT'IONS I IS•fl%D ABOVE, IN ITS
Till"N EXISTING ('O.NDIT'ION UNLESS PROVISION IS 0I'IIF:10\ IS1•; \IADF. IN \\'RI'1'ING.
13. RliASONAULF. A('Cl-.SS: Seller ,silt provhk reasonable access Ili Ibe Property (nhetudnrg working. existing utilities) through the earlier of Closing or possession
b' Iluver, to Iluver or Bu)er's representatives for the purposes of appraisal. inspection. and or ewalualio I. Buyer only conduct a walk-through inspection olthe Properly
prior to Closing.
14. ('LOSING: ('losing steal] be dcliucd as the date and lime of rernnl),g of the decd. :',It parties agree to execute any and alt docunnenls and papers necessary in
conneclion wyith Closing and transfer of f ife o>,or b,I K t.&IA wLCI O L Z , at it place designated by Buyer. 9bc deed is to be made to
IG. POSSESSION: l4lcs.. othcn,ix• pn+videJ herein, pssession shall be delivered at Closing. In the evert possession is NOT to he delivered at Closing:
D a Buyer P-sslon liclore Closing Ag[Nemaht is amacl-t. OR. Q is Seller Possession Alter C'losiug Agrcenwnt is attached.
16. 0 'I'I1 Fit YROVIS IONS A NJ) ('ON DI1 ' IONS: (fro?\II/.1•::\LL.\UUf:ND:\'fO'I'1IIS ('UN'fIiAC'I':\NU:\'I-I:4CI1 11:RVI.0.)
r = Pra?a.?l h, ,s l", r°`?`A d d d ((> . r.4?c a
S 0_t rvr,P• $ Ipr . of-bok?q-. 2d ea wn+?,` '
17. RISK OF LOSS: 'Inc risk of loss or (Linage by lire or other ;asui dty prior to Closing shall he upon Seller. If the improvements on the Property are destroyed or
i altvially damaged prior h) Closing. Buyer may ternhinate this contract by written notice delivered to Seller or Seller's agent and all deposits shall be returned to Buyer.
In the event Buyer dues NOT elect to lenninale [his cortracl, liuver shall be entitled Ili receive. in addition to the Property, any of the Seller's insurance proceeds payable
ou account of the d:nnage or destruction applicahic to the Property twang purch;t ed.
18. ASSIGNMENTS: 'Ibis contract may not lie assigned wilhoul the written consent of all parties, but if assigned by agrecineM, then this contract shall be binding on
the assignee and his heirs ,Ind successors.
19. PARTIES: 'Ibis conlracl shall he binding upon and shall nnre to the be ctil pf the parties i.e., Buyer ;Ind Seller and their heirs Success I-s and assigns. As used
herein. words in the singular include the plural and the masculine includes the laninine and Fielder genders, as appropriate.
16. SURVIVAL: II' any provision herein contained which by its nature ;Ind eflie is required to be obsemcd, kept or perforuud alter the Closing, it shall survive the
Closing and remain binding upon and fur the berclil ol'Ihe parties hcreu until blh• Observed, kept or perlon ned.
21. ENTIRE ACRttF\IENf: 'Ilnt contract cuntuus the entire agreement of the parties ;tied there arc oo rcine.cntalions, indaccntenLs or other provisions Other th:m
those expressed herein. All changes. additions or deletions heclo ninsl be ice writing and signed by all (sties. Nothing contained herein shall alter any agrecnicnl
between a R h:AI:I'OR it or broker and Seller or Burr as contained in run listing agreanehl. buyer agency agreennenl. or any other agency agreement between them.
22. NO'TIC'E AND EXECUTION: \nv noltee or co..nnulliatiioe to be given I's it pane herein nay be given In the party or to such part's agent. 'Ibis offer shall
hcemnr a binding contract Uhc "ElTeediwc Dale") when signed M. hilt), liuver and Seller and such signing is communicated to the olloring party. '11nis contract is
executed under scat in signed mulliple originak, all of whicb (ogelher ......[little one and the same im train rt- with a signed original being retained by each party and
each RI:.AI:I OR'ar ur Irrokerlieroo. and the parse, adopt [ibe word "SEAL" beside Ihsir signatures below.
IF 1'011 DO Not UNDITS"I AND'f111S OFI'ER TO PI 1RC'IIASE AND CONI'RAC'I OR ITT •'171:\'1' I'1' IXIIES NOT PROVIDE FOR YOUR 1.1410AL NEEDS. YOU
SIlotTLDCONS( I ,TA NOR Ill CAROLINA REAL IWIAIT A'I'I'(1RNFY BITORF• YOU SIGN IT
Iluver ncknowiedges Ii ma`d'e ?n tin-silt prnuunl examination of the t'nrprHy prior to thr making of this oRrr.
Date: ?QXILAQ/l 1 C?? Date:-•_JGi•'nUL„?1 (7? ZO?z
LBlnyerlJC+l-9-f?R )(Y1Q!\_.-C (Sr::\L) Suer lrt(C?-CYY1C r. y!
Dale: Date:
Buyer (Sl:AI.) Seller
(SEAL)
Cicrow Agent acknowledge% receipt of the ramrsl monry and agrem to hold and disburse the same in accordance with the terms herroE
Date Finn,
Selling Agent/Fimnil'honc(
Acting as ? I tuycr's Agent ? ScIlcr's (suh)Agen( ? Dal Agent
(_.On? I_c? C???DOCn9cD 3?(?-siyl- D?'7o
Aeir D Seller'sU (sub);\grnl ? Dual Agent
Page 2 of 2
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Michael F. Easley, Governor
G. Ross Jr., Secretary
North Carolina Department of Enviro mlllent and
Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
ivision of Water Quality
April 2, 2002
DWQ # 02-0364
Macon County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
James Vanderwoude
1281 Georgia Road y?
Franklin, NC 28734 C 10
Dear Mr. Vanderwoude:
On March 8, 2002 the Division of Water Quality (DWQ) was notified by receipt of your application regarding
your plan to culvert 149 linear feet of McDowell Branch for the purpose of a road access at the property off of US 23 &
441 in Macon County. Approval from DWQ is required to disturb this area.
Additional information needed to process your application is listed below:
1. Indicate the existing stream on the site plan.
2. Indicate the total length of stream to be impacted including that under the bottomless culvert,
3. Answer question #I I on the PCN application
4. You may need to provide a mitigation plan if this stream is perennial
Please show the specified impacts and refer to the DWQ # listed above in your reply. In particular as described in
15A NCAC 2B .0502, we will require you to locate all streams and ponds on the property. Please show these on maps of
suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H
.0500.
Please telephone me at 919-733-1786 if you have any questions or would require copies of our rules or procedural
materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing
time for this application will begin when this information is received. If we do not hear from you by writing within three
(3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn.
o Dorn
W er Quality Cert cati Program
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Mike Owens, Mountain Geology
Central Files
File Copy
North Carolina Division of Water Quality, Wetlands/401 Certification Unit EOR
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
Ph: [phone], Fax: [phone], hftp://h2o.enr.state.nc.us/ncweUands/
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. '® Z 4
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 F
1. Check all of the approval(s) requested for this project:
X] Section 404 Permit
? Section 10 Permit FILE COPY
[N 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 40-4 ¢D¢
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.
Telephone Number: 68 , 3691'- 03¢1 Fax Number: ,360- ofoo
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:
Company Affiliation:)
Mailing Address: i .j
Telephone Number: d" Fax Number: ::fQWe
E-mail Address:
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
2. T.I.P. Project Number or State Project Number (NCDOT Only): ??
3. Property Identification Number (Tax PIN): 0/ - Z/% 01 0/ -UZ_r11 U/- lXoazo
4. Location
County: /62Z Nearest Town:_ /QW,A/Xo7
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etq.): G/? tai
Z. o-,/"
d'e o
hgpz
5. Site coordinates, if available (UTM or Lat/Lon ): 3S dX-3?A1 y¢3 -Z3 s6 ht/
(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.)
6. Describe the existin land use or con ition of the site at the time of this application:
7. Property size (acres):-_q iO7 de Z5.5
8. Nearest body of water (ssttream/river/sound/ocean/lake): 61T I-e Alez?!/e.°Ilgftelc
9. River Basin: G/ ,Tl/?' ellfl°ee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.ne.us/admin/maps/.)
10. Describe the,purpose of tf?e proposed
4/? zY/'--f ii.
11. List the type of equipment to be used to construct the project:
12. Describe the land use in the vicinity of this project: CtoZW WyO;*M/ V
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.
V. Future Project Plans
Arc 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:
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 ,y/l
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(cs/no) Distance to
Nearest Stream
(linear feet
Type of Wctland***

nisi each impact separately and ndemtry temporary impacts. Impacts include, but arc 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 arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Irate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or
online at htto://www.fcma.t:ov.
••• List a wetland type that best describes wctland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Hay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wctland impact proposed:
I Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on ma
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact
-- Perennial or
Intermittent?
(leasespecify)
Z,01 40- 129104a,-Awl 344
??lG

-p- a ??
?•?• ..,?N....??.r w1U fucmuy lcmpurary rrhpacts. impacts include, but arc not limited to: culverts and associated rip-rap,
darns (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilisation activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditch ing/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 arc available through the USGS at 1-800-358-9616, or online at
tsww.uses.k,ov. Several internet sites also allow direct download and printing of USGS maps (e.g., w%w.tonozonc.com,
www.nsnulucsLcom, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 1-?e9l'/
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S. /v,?
Open Water Impact
Site Number
indicate on ma)
Type of Impact Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

__
F
LAM nacre impact separamy and identity temporary impacts. impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation A?4
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 F-1 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:
VII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
VIII. Mitigation a/14
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 treater than or equal to 150 linear feet of total impacts to perennial
streams.
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
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
littp:Hli2o.enr.state.nc.us/ncwctIands/strmgidc.litm1.
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.
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 bup://h2o.cnr.statc.nc.us/wrp/indcx.litiii. 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 (Z]
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 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No [X 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
Miti ation
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. Stormwater (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 propepy.
-/!!P /,4 =5ZAXM41,?4a1
XII. 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.
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).
it/Agent's Signature Date
signature is valid only if an authorization letter from the applicant is provided.)
Z
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
-l Department of Environment and Natural Resources
Q Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
May 17, 2002
DWQ Project # 02-0364
Macon County
James Vanderwoude, Trustee Page 1 of 2
1281 Georgia Road
Franklin, NC 28734
Subject Property: Knox Project (L.C. Jones Property), US Hwy 23 Business, Sylva, NC
Unnamed tributary stream to McDowell Branch [04-04-01, 2-16, C]
APPROVAL of 401 Water Quality Certification with ADDITIONAL CONDITIONS
Dear Mr. Vanderwoude:
You have our approval, in accordance with the attached conditions and those listed below, to impact 149 feet of
stream to construct the proposed road crossing at the subject property as described within your application dated March
4, 2002 with additional information dated April 15, 2002. After reviewing your application, we have determined that the
stream impacts are covered by the Division of Water Quality (DWQ) General Water Quality Certification Number 3362.
This Certification allows you to use Nationwide Permit No. 39 when issued by the US Army Corps of Engineers (USACE).
This letter shall also act as your approved Authorization Certificate for impacts to the protected Neuse River Buffers as
required under 15A NCAC 2B .0233(8). In addition, you should get or otherwise comply with any other federal, state and
local requirements before you go ahead with your project including (but not limited to) Erosion and Sediment Control
Permit. 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 except as modified below.
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 feet stream,
compensatory mitigation maybe required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you
must follow the conditions listed in the DWQ General Water Quality Certification No. 3362 and any additional conditions
listed below.
Conditions:
1. If total cumulative stream impacts on the property meet or exceed one hundred and fifty (150) feet, then stream
mitigation and stormwater management will most likely be a required condition for the additional impacts.
2. Any proposed retaining walls or other fill or stabilization techniques shall not be placed within the active stream
channel or banks without written approval from the DWQ.
3. 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 401metlands
Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27699-6714. 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 Mr. John Dorney at 919-733-9646.
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)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.ne.us/ncwetlands/
Page 2ot2
Sincerely,
g J. horpe, Ph
D Q, Acting Dir for
Attachment: General Water Quality Certification No. 3362
Cc: Mike Owens, Mountain Geology, 1325 Dills Cove Road, Sylva, NC 28779
Mike Parker, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina 28801-5006
File Copy
Central Files
DWQ 020364
May 17, 2002