McDowell Co. - Gateway Mountain

We F. Easley, �.Overr
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 28, 2005
DWQ,Prcject # 05-0329
McDowell County
George Holland
Gateway Mountain Group
7 McKenzie Way
Old Fort, NC 28762
Subject Property: Gateway Mountain
McDowell County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Holland:
11
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 125 linear feet of streams for the purpose of roadway
construction at the subject property, as described within your application received by the N.C.
Division of Water Quality (DWQ) on February 28, 2005. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by
the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater
regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or
CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires -you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center,,Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Nne
orthCarolina
Aatura!!lf
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper

Gateway Mountain Group
Page 2 of 5
February 28, 2005
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved
(Units)
Plan Location or Reference
Stream
125 (feet)
Gateway Mountain
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable, If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.

G
Gateway Mountain Group
Page 3 of 5
February 28, 2005
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non -erosive velocities through the protected stream buffers such that it
will not re -concentrate before discharging into a stream.
7. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. ,0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
8. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre -construction Notification.
.All construction activities, including the design, installation, operation; and maintenance
Iof sediment and erosion control Best Management Practices, shall be performed so that
no violations of state water quality standards, statutes, or rules occur.
9. De d Notifications
eed 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 Approval
and Authorization Certificate. A sample -deed notification can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.ne.us/ricwetlands. The text of the
sample deed notification maybe modified as appropriate to suit to this project.
10. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re -installed correctly.

Triage Check List
Date: 2/24/05
p ECG-EIVE
F E B 2 8 2005 ro
WATER QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
To: Kevin Barnett, Asheville Regional Office
j ect Name: Gateway Mountain
DWQ#: 05-0329
County: McDowell
60-day Processing Time: revised 2/23/05 to 4/23/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
❑ Stream length impacted
❑ Stream determination
Wetland determination and distance to blue -line surface waters on USFW topo maps
❑ Minimization/avoidance issues
❑ Buffer Rules (Meuse, Tar -Pamlico, Catawba, Randleman)
❑ Pond fill
Mitigation Ratios
❑ Ditching
❑ Are the stream and or wetland mitigation sites available and viable?
❑ Check drawings for accuracy
❑ Is the application consistent with pre -application meetings?
❑ Cumulative impact concern
El
El
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!

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GFR 2 3 2005
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Office Use Only: pENR-WATERQA,��sionMa�
WETLANDS MD STOR"
USAGE Action ID No. DWQ No. 2' 9
(If any particular item is not applicable to this project, please enter "Not Applicable" or 'N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
[Section 404 Permit ❑ Riparian or Watershed Buffer Rules
❑ Section 10 Permit ❑ Isolated Wetland Permit from DWQ
Qr401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: f lk) 3g
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: ❑
H. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address: -1
ezD t-JG. 7-876Z
Telephone Number: "7--GGB-SF?7b Fax Number: -GAB- 315�
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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Page 5 of 12
Fax Number:
FEB 2 8 2005
WATER QUALITY
UG n ITAE O ON
n
11

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 fall -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: (� AT& J A 4 04 -O 6VA
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County:�44k V j, � Nearest Town: O&D �2T
Subdivision name (include phase/lot number): &,4!r _ J&Y T9 d 5�-r, CAA
Directions to site (include road numbers, landmarks, etc.):
fj iT +-- 73 e+fV :V,40 r k� Ln rnaw r =2At ffl& riE —t A w.. L FS
:ra MAw W#J E.) ,&v G� pnJ 1.Etr!
5. Site coordinates, if available (UTM or Lat/Long):
(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): 330 Ac ES
7. Nearest body of water (stream/river/sound/ocean/lake): _trmts aN
8. River Basin: CA TA e SSA
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.usi'admin/maUs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: �r=� Ty �jsSr T ���� �--� •-r
Page 6 of 12

O
aaF W A TF9FT E
Q ichael F. Easley, Governor
William G. Ross Jr., Secretary
0 G North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P. E. Director
j Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Asheville Regional Office
WATER QUALITY SECTION
November 17, 2004
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
George Holland
Gateway Mountain Group, A North Carolina Company
7 McKenzie Way
Old Fort, NC 28762
SUBJECT: Notice of Violation and
Recommendation for,Enforcement
Removal of Best Use
Culverting Without a Permit
Gateway Mountain
NOV-2004-CV-0038
NCGS § 143—215.1 (a)(1 0)
McDowell County
Dear Mr. Holland:
On November 17, 2004, Ms. Janet Cantwell and Mr. Kevin Barnett of my staff inspected property,
registered to you, located Gateway Mountain Development in McDowell County. This investigation
revealed that violations of NCGS § 143—215.1(a)(10) and 15A NCAC 02B .0211 (removal of best
use) by installing at least 4 culverts totaling at least 125 linear feet of tributaries to Crooked Creek
(Classified C).
You must perform the following in order to bring this project back into compliance with the NC
General Statutes and Administrative Code:
No further culverting may occur without first applying for a permit from the US Army Corps of
Engineers, and possibly, a Water Quality Certification from the NC Division of Water Quality.
You must utilize all appropriate sediment and erosion control measures to,preserve water quality
at preconstruction conditions on the site. This will include removal of dredged material from the
stream bank, and seeding with grass, the exposed soils which remain.
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone [phone] Fax [phone] Customer Service 1-877-623-6748

e; _
Gateway Mountain Developement
Notice of Violation and Recommendation for Enforcement
Page 2.
You have ten (10) calendar days from receipt of this notice to submit to my attention, a plan for
bringing this site into compliance with all state rules and regulations. This plan must include a time
line for the submission of all appropriate applications (which must include ALL culverts installed in
regulated streams) and the appropriate mitigation for all stream impacts. As this office will be
sending a recommendation to the Division Director for the assessment of civil penalties, you may
submit a written explanation for your failure to comply with State Regulations.
Failure comply may subject you to further civil penalties of up to $25,000.00 per day, per incident, as
per N.C.G.S. 143-251.1(a).
If you have any questions, you may contact Mr. Kevin Barnett kevin. barnetta-ncmail. net or either at
828.296.4500.
Sincerely,
Forrest R. Westall,
Water Quality Regional Supervisor
cc: Asheville Regional Office, Division of Land Resources
McDowell County Health Department
Mr. Steve Chapin, US Army Corps of Engineers
Ufa
2090 U.S. 70 Highway Swannanoa, North Carolina 28778 Telephone [phone] Fax [phone] Customer Service 1-877-623-6748

REALMNTI_MASTER REAL PROPERTY MAINTENANCE NOV 16, 2004, 12:09 PM
-----------------------------------------
MAP BLK LOT (A,C,D,I,R,S,CF) UPDATE ABST (YIN) NBH
0656 , 00 - 73 - 8950 ACTION: I N
ACCOUNT: 000000019213 PROPERTY VALUES: BUILDING:
OWNER: GATEWAY MOUNTAIN GROUP,A NORTH OBXF:
CAROLINA CORPORATION LAND: 17500
C/O GEORGE HOLLAND MARKET: 17500
7 MCKENZIE WAY ASSESSED: 17500
OLD FORT NC 28762-0000 DEFERRED:
PRIOR OWNER: 000000010980 LITTLE STEPHEN R
USE: 50 RURAL HOME -SITE NBH: 00222 GATEWAY MOUNTAIN NBH
MODEL: 00 VACANT CARDS: 1 NEW NOTICE CODE:
SALE? T/S BOOK /PAGE DEED DATE INST STAMPS ABBREVIATED LEGAL DESCR
00479 0022 09/21/1994 WD 280.00 LOT 196 GATEWAY MTN
1.00 AC
NUMB DIR STREET NAME TYPE STREET SUFFIX MUNI
TWNSHIP: 02 CITY: EXEMPT: EXEMPT DATE:
CTY: U/M:5000 UPD: 08/06/2003 16:06 BOB TAXBILL
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P.O.A. Office
9 McKenzie Way
Old Fort, NC 28962
828-668-7878 ofc.
mergency Exit
828-668-0240 fax.
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Gateway Mountain
Sales Office
One McKenzie Way
Old Fort, NC 28762
800-521-6788 ofc.
828-668-0729fax.
Web Site: www.gatewaymountain.com
E-mail: [e-mail]
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This map is a scaled -down image taken from an arial ;
survey of Gateway Mountain in March 2002. This map may not R
reflect new roads or areas of construction since that time.
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■ Complete items 1, 2, and 3. Also complete A. Signature/
item 4 if Restricted Delivery is desired. ` Agent
■ Print your name and address on the reverse X ` -,¢ ; (?-Gid'"°��❑ Addressee
so that we can return the card to you. B. Re edbyf Pn,ntd Name) C. Date of Del ery
■ Attach this card to the back of the mail ip eg% 4 vu
North Carolina Department of s different from item 1? ❑ Yes
Environment. and Natural Resources ery address below: Q• No
2090 U.S. Highway 70, Swannanoa, Nc 2877$NCDENR
GEORGE HOLLAND
GATEWAY MOUNTAIN GROUP
A NORTH CAROLINA COMPAN'
7 MCKENZIE WAY
OLD FORT NC 28762
ertiADVA L .8Ma V
❑ egistered eturn Rec ipt for
❑ nsured Mail C.O.D.
4. ReWAM8l0dDkhWVVt8ffWl0N
Yes
2. Article Number tiOMC-viLLc nr-uivrvr�L vrrii c
(TransferMtorri service labeq i I i 7 0 01� i0 7 5 0 } a o a; - A;9 1, -3
:IS Form 3811, August 2001 Domestic Return Rece}}.�t 102595-02-M-154i

UNITED STATES POSTAL SERVlC \,L 1. E jl
``' Pm
,e00 North Care lin.-F
Ehvironrnent and-NatuTa'f F2esoutces = -
20901U.S. Highway 70, Swannanoa„ FJc; 28j778:`• ?
.I
RCDENK
MR. KEViN BARNETT
NCDENR-DWQ
SURFACE WATER PROTECTION
2000 U.S. HIGHWAY 70
SWANNANOA NC 28778
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