20030075 Ver 1_COMPLETE FILE_20030128

F \ NA TF Michael F. Easley, Governor
R William G. Ross Jr., Secretary
\OC? pG North Carolina Department of Environment and Natural Resources
Vj Alan W. Klimek, P.E. Director
Division of Water Quality
Mr. Don W alstead
Stonecliff Holdings, LLC
8404 Temple Terrace Highway
Temple Terrace, FL, 33637
APPROVAL of 401 Water Duality Certification with Additional Conditions
Dear Mr. Walstead:
February 25, 2003
DWQ# 03-0075
Watauga County
You have our approval, in accordance with the attached conditions, to place fill in 140 linear feet of intermittent streams in order to
construct the Stonecliff Estates subdivision in Watauga County, as described in your application received complete by the Division of
Water Quality (DWQ) on January 28, 2003. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3362, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification
allows you to use Nationwide Permit Number 39 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, as well as the additional conditions
listed below: '
1. Waste or borrow sites shall not be located in streams or wetlands;
2. All culverts must be designed, constructed and placed to allow aquatic life passage. Culverts 48" or. larger should be buried
approximately 1' into the streambed. Culverts less than 48 inches in diameter should be buried to a ,depth equal to or greater than
20% their size to allow for aquatic life passage. These measurements must be based on natural thalweg depths. To the extent
possible, pipe installation should be accomplished in a manner that prevents damming or drop outlets on either end of the pipe in
order to maintain aquatic life passage. No damming or freefalling waters should occur during low flow conditions. The upstream and
downstream stream dimensions should not be modified;
3. Construction activities shall be conducted in such a manner as to prevent significant increase in turbidity outside the area of
construction or construction related discharge (50 NTU's in streams and rivers not designated as trout waters);
4. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order
to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification. A sample deed notification format can be downloaded
from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ;
5. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the trout spawning season of October 15
through April 15 to protect the egg and fry stages of trout from off-site sedimentation during construction;
6. High Quality Waters Best Management Practices for Sedimentation and Erosion Control measures shall be used for this project;
7. Native species should be used to provide and/or restore streambank stabilization and shade;
8. If concrete will be used, work must be accomplished so that wet concrete does not contact stream water. This will lessen the chance
of altering the stream's water chemistry and causing a fish kill;
9. Spanning structures and pipes should be sized and installed in a manner that will preserve floodplain and stream functionality,
including flood passage;
10. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Customer Service
1 800 623-7748
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 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Questions regarding stormwater requirements
should be directed to Todd St. John in the Central Office at 919-733-9584.
Sincerely,
Klimek,
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
Matthew Stetter, 310 Hubert St., Raleigh, NC, 27603
Ron Linville, Wildlife Resources Commission

SINCE
FROEHLING & ROBERTSON, INC.
GEOTECHNICAL • ENVIRONMENTAL* MATERIALS
ENGINEERS • LABORATORIES
"OVER ONE HUNDRED YEARS OF SERVICE"
® 310 Hubert Street, Raleigh, NC 27603
1 881 Telephone: [phone]
Facsimile: [phone]
January 21, 2003
Mr. Tim Smith 0 0 5
US Army Corps of Engineers
Asheville Regulatory Field Office
Asheville, North Carolina 28801-5006
Re: Pre-Construction Notification Application
Stonecliff Estates
Watauga County, North Carolina
F&R Project No: D63-218E
Dear Mr. Smith:
JW28 i
Enclosed, please find the professional survey plat of the wetland delineation jurisdictional
determination completed on the project site during your site visit on November 20, 2002, with
Ms. Elizabeth Ohmart of Froehling & Robertson, Inc., (F&R) (see Wetlands Delineation Map
for: Stonecliff Estates enclosed). Please note, that your adjustments to the wetland delineation
that were made during your site visit have been made and are included on the survey plat. In
addition, the completed Pre-Construction Notification (PCN) Application Form for impacts to
140 linear feet of intermittent stream channel is also included for your review.
Please sign and return three (3) copies of the enclosed Wetlands Delineation Map for: Stonecliff
Estates and retain one (1) copy and the digital copy for your files. F&R is also requesting your
written concurrance with our request to utilize Nationwide Permit No. 39 for the impacts
associated with the proposed Stonecliff Estates development.
HEADQUARTERS: 3015 DUMBARTON ROAD • BOX 27524 - RICHMOND, VA 23261-7524
TELEPHONE [phone] - FAX [phone] - www.FandR.com
BRANCHES: ASHEVILLE, NC - BALTIMORE, MD • CHARLOTTE, NC - CHESAPEAKE, VA
CROZET, VA - FAYETTEVILLE, NC • FREDERICKSBURG, VA
GREENVILLE, SC • RALEIGH, NC • ROANOKE, VA - STERLING, VA
SINCE
F&R
0
If you have any questions/comments or require further information, please do not hesitate to contact
us at [phone].
Respectfully Submitted,
FROEHLING & ROBERTSON, INC.
Ytthew J etter
Environmental Scientist
;oseph E. Starr, P.E.
Assistant Branch Manager
MJS/JES:mjs
Enclosed
Agent Letter of Authorization
Wetlands Delineation Map for: Stonecliff Estates
Pre-Construction Notification Application
cc: NC DENR DWQ
Stonecliff Holdings LLC - Mr. Don Walstead
Highland Surveying - attn: Murray Gray
Pre-Construction Notification Application January 10, 2003
Stonecliff Estates Site 2 F&R Project No: D63-118E
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any varticular item is not amlicable to this nroiect. please enter "Not Annficable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Mr. Don Walstead
Mailing Address: Stonecliff Holdius, LLC
8404 Temple Terrance Highway
Temple Terrace, FL 33637
Telephone Number: 813-293-5186 Fax Number: 813-989-8609
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Matthew J. Stetter
Company Affiliation: Froehling & Robertson, Inc.
Mailing Address: 310 Hubert Street
Raleigh, NC 27603
Telephone Number: 919-828-3441 Fax Number: 919-828-5751
E-mail Address: mstetter a fandncom
Page 5 of 13
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: Stonecliff Estates
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2827-65-5818-000
4. Location
County: Watauga Nearest Town: SE of Blowing Rock
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): From intersection of Hwy 1514
and Huckleberry Trl. head S on Huckleberry Trl. Take a right hand turn on a gravel road just
past Blueberry Ln. Site is located at end of gravel drive.
5. Site coordinates, if available (UTM or Lat/Long): 36°-7'-40.3" / 81°-37'-10.4"
(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. Property size (acres): approx. 160 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Dennis Creek
8. River Basin: Yadkin River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.ne.us/admin/map-I
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: undeveloped wooded land
Page 6of13
10. Describe the overall project in detail, including the type of equipment to be used: The
project entails constructing road crossings over Dennis Creek and unnamed tributaries of
Dennis Creek in association with a low density residential development project. Four road
crossings are presently proposed, with two of the crossings utilizing clear span bridges
which are not anticipated to impact the jurisdiction wetlands and other waters of the US
depicted on the Wetland Delineation Map for Stonecliff Estates dated January 13, 2003. The
remaining two road crossings will utilize conventional culverts. The culvert will be placed
slightly below the current grade of the stream to allow for maximum water flow. Each culvert
will have veloci dissipator inlet and outlet protection. Compacted earthern fill will be placed
over the culverts to bring the roadway to the grade.
11. Explain the purpose of the proposed work: The purpose of the work is to provide access to
the low density residential development.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
On November 20, 2002, Mr. Tim Smith of the ACOE visited the project site and performed a
jurisdictional determination of the wetlands and streams located on the project site see Wetland
Delineation Map for Stonecliff Estates dated January, 13, 2003 for limits of wetlands).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Future requests are not anticipated at this time.
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
Page 7 of 13
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: 140 linear feet of stream
channel impacts associated with two road crossing in conjunction with the prolosed low
density residential development.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres 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 http://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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.15 acres
Total area of wetland impact proposed: 0.0
3. Individually list all intermittent and perennial stream impacts below:
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?
(please secif )
#1 Culverts 60 UT Dennis Creek 2 ft. intermittent
#2 Culverts 80 UT Dennis Creek 10 ft. intermittent

* List each impact separately and identify 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),
Page 8 of 13
stabilization 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 are available through the USGS at 1-800-358-9616, or online at
www.uses.Qov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
%vww.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 140 linear ft.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma)
Type of Impact* Area of
Impact
acres Name 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.
5. 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
Describe the method of construction (e.g., dam/embankment, excavation,
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.
The applicant had a wetland delineation performed and the ACOE perform a JD prior to the
site plan development in order to avoid jurisdictional wetlands and streams to the maximum
extent practicable. However, the project site is bisected by several intermittent stream channels,
making necessary for road crossings at some of these channels. The road crossings have been
? wetlands
installation of
Page 9 of 13
minimized to the fullest extend practical by avoidance and the use of clear span bridges in two of
the proposed crossing locations.
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.nc.us/ncwetlands/strrnp,ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Impacts to the stream channels are below the notification threshold. In addition, impacts
have been minimized to the maximum extend practical, which includes the use of two clear
span bridges. It is F&R's opinion compensatory mitigation should not be required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
Page 10 of 13
NCWRP, check the NCWRP website at htty://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 (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) 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 (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .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.
Page 11 of 13
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 30 beet 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 (required by DWQ)
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.
The 160 acre tract is undeveloped wooded land. Detailed plans are not yet available to calculate
the percentage of proposed impervious service. However, based on the planned low density
development, impervious surfaces are not anticipated to be above 24%.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Each home will have it's own Appalachian District Health Department approved septic system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. 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
Page 12 of 13
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).
l? eld?
,A-15plicant/(gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
7AN-2?"1-2E10? 14 15 FROEHLIi'•IG FOEERTB.ON, ItlZ
SINCE
F'ROEHLINN & ROBERTSON, INC.
GECTECHNICAL • ErNVIRONMENTAL • MATERIALS
ENGINEERS • LABORATORIES
"OVER ONE HUNDRED YEARS OF SERVICE"
m 259 Hutchiscrl-'?lcbona; Koa-d
881 Charlene. North Carolina 28269
Telephone: [phone]
Facsimile; [phone]
October 14, 2002
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Ashville, North Carolina 28801-5006
Attn: Mr. Tim Smith
Subject; US Army Corps of Engineers
Agent Authorization Letter
Hudson Church Road Site
Union County, North Carolina
7104 596 3784 R. 01 C) I
The undersigned hereby authorizes Froehling & Robertson, Inc. (F&R) to proceed on behalf of
Stonecliff Holdings, LLC as the agent for wetland consulting and permitting issues pertaining to the
above referenced project site. This agent authorization letter supersedes any previous agent
authorizations. Form this dad forward, please contact F&R for wetland related issues associated
with this project and prior to site visits.
Sincerely,
FROEH191 & ROBERTSON, IN
42L-?, izabeth R. Ohmart
Environmental Scientist
Stonecliff Holdings, LLC
8404 Temple Terrace Highway
Temple Terrance, Florida 33637
Date: 11 ?- b ;• A
17on 'Walstead, President
HEADQUARTERS, 3015 DUMBARTON ROAD - 20X 27524 - RSCHIdOND, VA 23251,7624
TELEPHONE [phone]-MI - FAX [phone] - www.FandR.com
BRANCM: ASH6VILLE, NC - S&MMORE, MD - CHARLMT. NC - CHESAr KE, VA
flAn7ST. VA - FAYOTEVILLE. NC - FREDERICKSBURG. VA
TOTAL P.01
IN
2 0 2.003
Wk, QIIA? ITY "?fT!?'''
North Carolina Wildlife Resources Commission FQ
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Tim Smith, Permit Coordinator, Asheville Office
U.S. Army Corps of Engineers
John Dorney, Chief
DWQ 401 Certification Program
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program
DATE: February 14, 2003
SUB.1 ECT: Review of 404 Permit & 401 Certification Application, Stonecliff hsta.tes, .DWQ_
No. 030075, Watauga County
The applicant 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 and a 401 certification from the 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 witli 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 cross four (4) jurisdictional streams to develop a residential
subdivision on undeveloped wooded land. Impacts will occur to Dennis Creek and associated
tributaries. Two crossing will be accomplished with clear span bridges. We presume this means
spanning or bridging structures. Two crossings will be accomplished using culvert placement.
Slopes in the area are steep and probably susceptible to significant erosion. Brook and rainbow
trout are present in this drainage.
Based on the information provided by the applicant and our knowledge of the range of
trout in the project area, we do not believe this project will cause significant effects to waters
supporting trout providing the following conditions are implemented:
instream work and land disturbance within the 25-foot wide buffer zone are
prohibited during the trout spawning season of October 15 through April 15 to
protect the egg and fry stages of trout from off-site sedimentation during
construction.
Mailing Address: Division o1 1n.land Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ex!. 281 • Fax: [phone]
Stonecl iff Estates 2 February 14, 2003
2. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Temporary or permanent herbaceous
vegetation should be planted on all bare soil in the twenty-five (25) foot buffer
zone and maintained within 5 days of ground disturbing activities to provide
long-term erosion control.
3. Culverts 48" or larger should be buried approximately 1' into the stream bed.
Culverts less than 48 inches in diameter should be buried to a depth equal to or
greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths.
4. To the extent possible, pipe installation should be accomplished in a manner that
prevents damming or drop outlets on either end of the pipe in order to maintain
aquatic life passage. No damming or freefalling waters should occur during low
flow conditions. The upstream and downstream stream dimensions should not be
modified.
5. Minimum twenty-five (25) foot stream buffers should be protected to the
maximum extent practicable. We recommend fifty (50) foot buffers on
intermittent streams and one hundred (100) foot buffers on perennial streams.
6. All remaining waters and wetlands within the project area should be preserved in
undisturbed natural condition through deed restrictions, conservation easements
or other legally enforceable methods.
7. Native species should be used to provide and/or restore streambank stabilization
and shade.
8. If concrete will be used, work must be accomplished so that wet concrete does
not contact stream water. This will lessen the chance of altering the stream's
water chemistry and causing a fish kill.
9. Spanning structures and pipes should be sized and installed in a manner that will
preserve floodplain and stream functionality, including flood passage.
10. Stormwater management practices should be encouraged that reduce direct and
indirect impacts to wildlife habitat, water quality, wetlands, streams and wooded
floodplains. Information on low impact development (LID) techniques can be
found at www.lowimpactdevelo )ment.org.
Thant: 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.