20100447 Ver 1_More Info Received_20100706

Letter of Transmittal
S&ME, Inc. 9751 Southern Pine Blvd. *S&ME
Charlotte, NC 28273
[phone]
[phone] fax
H.C. Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina, 27604-2260
WE ARE SENDING YOU:
? Shop drawings
? Copy of letter
DATE: July 2, 2010 I JOB NO: 1357-10-005
ATTENTION: Mr. Ian McMillan
RE: Lilly's Cove
I D - fly-fir 1
mt, EA
® Attached ? Under separate cover via
? Prints ? Plans ? Draft
? Report
- the following items:,-,
El Specifications
COPIES DATE NO DESCRIPTION
5 7.2.2010 1 WQC 3821 Application for Lilly's Cove 0
1 6.118.20110 2 $570.00 Check for Application Fee
0
_WL -t) [p10
DENR - WATER QUk"
WETLA,," AND STOP-41NMER BRVC f
THESE ARE TRANSMITTED AS CHECKED BELOW:
? For approval
? As requested
? FORBIDS DUE: I I_
® For your record
? For review and comment ?
REMARKS: Attached please find the WQC 3821 Application for the Lilly's Cove Proiect (DWQ Project #10-0447). It contains the
information requested in your June 11, 2010 "Request for More Information" letter.
-Thanks You. Dave Homans [phone]
SIGN:
COPY TO: Filed Stephen Chambers:
IF ENCLOSURES ARE NOT AS NOTED, PLEASE NOTIFY US AT ONCE.
This Letter of Transmittal and the documents accompanying this Letter of Transmittal contain information from S&ME, Inc., which is confidential and legally
privileged. The information is intended only for use of the individual or entity named on this Letter of Transmittal. If you are not the intended recipient, you
are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on these documents is strictly prohibited.
S&ME SFG-001
(Rev. 04/04)
#S&ME
July 2, 2010
N.C. Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Attention: Mr. Ian McMillan
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JUL --g y010
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Reference: Application for Water Quality Certification No. 3821
Lilly's Cove
Montgomery County, North Carolina
S&ME Project No. 1357-10-005
DWQ Project No. 10-0447
Dear Mr. McMillan:
S&ME, Inc. (S&ME) is submitting this after-the-fact application for impacts to waters of
North Carolina in accordance with North Carolina Water Quality Certification (WQC)
No. 3821 (residential development), along with supporting documentation. S&ME has
been retained by Chambers Engineering, PA, the engineer for the proposed project, to
provide services related to the Clean Water Act Section 404 and 401 permitting. The
project involves the construction of an approximately 3,400 linear foot (If) cul-de-sac
road for the subdivision of an existing 81-acre parcel into 17 residential parcels in
Montgomery County, North Carolina. In support of this application, please find enclosed
the following:
• Figures: Site Vicinity Map (Figure 1), USGS Topographic Map (Figure 2), 2005
Aerial Photograph (Figure 3), USDA Soil Survey Map (Figure 4), and
Approximate Waters of the U.S. Map (Figure 5 REV);
• Appendix I: Pre-Construction Notification Form (PCN);
• Appendix II: As Built Stream Impacts;
• Appendix III: Site Photographs;
• Appendix IV: U.S. Army Corps of Engineers (USACE) Routine Wetland and
Upland Data Forms and N.C. Division of Water Quality (DWQ) Stream
Identification Forms, and;
• Appendix V: Agency Correspondence.
BACKGROUND INFORMATION
The project area is located east of Lilly's Bridge Road, immediately south of the bridge
over a cove of Lake Tillery in Montgomery County, North Carolina. The project parcel
(Montgomery County Parcel Identification Number: 6584-00-40-2651) is dominated by a
mix of young hardwood and pine forest. The northwestern portion of the property is
bounded by shoreline of a cove where Lower Richmond Creek flows into Lake Tillery,
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
Application for Water Quality Ceritification No. 3821 S&ME Project No. 1357-10-005
Lilly's Cove, Montgomery County, N.C. July 2, 2010
the western portion of the property is bounded by Lilly's Bridge Road and a power line
easement, and the remainder of the property is bounded by wooded lots. The location of
the project area is depicted on the Site Vicinity Map (Figure 1), the appropriate portions
of the Mount Gilead West, NC (1993) USGS Topographic Map (Figure 2), 2005 Aerial
Photograph (Figure 3), and USDA Soil Survey Map (Figure 4). The property and its
vicinity are located within the Piedmont ecoregion.
Chambers Engineering was contracted by the owners of the parcel, Affordable Home
Inspection, LLC (AHI), to design a low density residential subdivision of the property.
The design as proposed involves construction of an "S" shaped cul-de-sac road and
subdivision of the property into 17 residential lots ranging between approximately 0.6
and 17.2 acres in size, a lot reserved for open space, and a lot for lake access.
A Pre-Construction Notification (PCN) based on the jurisdictional boundaries identified
within the proposed limits of disturbance for the roadway was sent to Emily Hughes of
the U.S. Army Corp of Engineers (USACE) on May 10, 2010. Upon review of the PCN,
the USACE requested that jurisdictional boundaries be delineated on the entire project
parcel and that a courtesy copy of the PCN be provided to the North Carolina Division of
Water Quality (DWQ). DWQ was not initially notified as the 1501f of impact
notification threshold of WQC 3821 was not exceeded in the initial PCN. Based on the
review of this courtesy copy you indicated in a June 11, 2010 "Request for More
Information" letter (Appendix V) that temporary impacts would have to be accounted for
in the notification threshold calculation. In this case, the combination of both temporary
and permanent impacts to streams exceeds 150 if and, thus, the notification threshold.
For this reason, written approval under WQC 3821 is hereby requested.
During field review of the additional jurisdictional areas, per the above-noted request by
the USACE, it was observed that construction had begun on the project and that the
proposed impacts to jurisdictional waters had already occurred. For this reason approval
for this project is being sought after the fact.
FIELD OBSERVATIONS
On January 26, 2010 S&ME personnel visited the site and conducted a delineation to
determine the location of jurisdictional streams and wetlands within the project area. At
the time of field observations, the centerline of the original proposed road alignment had
been cleared in upland areas. The determination was conducted utilizing currently
accepted methods as set forth in the 1987 Corps of Engineers Wetlands Delineation
Manual. Stream assessments were conducted in accordance with DWQ and USACE
guidelines. Delineation of jurisdictional waters of the U.S. was limited to the project area
as defined by the limits of disturbance for the project; this was confined to the immediate
vicinity of the cul-de-sac road. Results of the determination are depicted on Figure 5;
representative photographs of the project area are included in Appendix III and their
locations are noted on Figure 5-REV.
Field review identified two jurisdictional relatively permanent waters, Stream 1 and
Stream 2, both of which flow directly into Lake Tillery, and Wetland A. Stream I
exhibited perennial flow within the project area, and was between three and six feet in
2
Application for Water Quality Ceritification No. 3821 S&ME Project No. 1357-10-005
Lilly's Cove, Montgomery County. N.C. July 2, 2010
width with a substrate dominated by sand and gravel (Photo 1, Appendix III). This
stream flows slowly through a relatively flat valley, which enabled the formation of an
abutting forested riparian wetland, Wetland A (Photo 2). Stream 2 had geomorphic and
hydrologic properties consistent with intermittent / seasonal flow and flows through a
relatively straight, steep valley (Photo 3). This stream was between 2 and 4 feet in width
and had a substrate dominated by cobble and gravel. Further east and north along the
proposed road corridor, a non jurisdictional ephemeral channel was observed (Photo 4).
The upland areas along the project corridor were made up of young, hardwood forested
areas dominated by northern red oak (Quercus rubra), red maple (Acer rubrum), and
sweetgum (Liquidambar styraciflua) (Photo 6), mixed with areas dominated by softwood
evergreen species such as loblolly pine (Pinus taeda) (Photo 5).
On May 25, 2010 S&ME personnel visited the site to delineate jurisdictional streams and
wetlands within the remainder of the project parcel, i.e. the project property beyond that
associated with the road construction area. Results of the additional delineation work are
depicted on Figure 5-REV and representative photographs of the additional area
delineated (photos 7-12) are included in the attached Photo Page 2 in Appendix III.
Stream 2 was investigated further upstream of the road crossing area and was found to
lack many of the hydrologic and geomorphic characteristics of intermittent streams, such
as groundwater discharge. Accordingly, it was deemed at its upper extent to be a non-
jurisdictional, ephemeral stormwater channel (see Photos 7 and 8). The expanded field
review did result in the incorporation of one additional jurisdictional feature, i.e. Stream
3, a relatively permanent water (RPW) located in the northeastern corner of the project
property. Stream 3 appeared to have been ditched in the past, and exhibited seasonal
intermittent flow (see Photo 9).
A non-jurisdictional channel on the northwestern part of the project area that was
identified during the earlier jurisdictional review was revisited in order to assess its
jurisdictional status under more normal hydrologic conditions (the original jurisdictional
review was performed immediately following an extended period of above-average
rainfall). This reassessment confirmed this channel's status as a non jurisdictional
ephemeral drainage (see attached Photo 10 and DWQ Stream Identification Form).
Completed Routine Wetland and Upland Data Forms and DWQ Stream Identification
Forms for features investigated are included in Appendix IV.
PROJECT IMPACTS
The project will result in the disturbance of 7.98 acres of land due to the grading, paving,
and sediment and erosion control measures associated with the construction of the
proposed cul-de-sac road. The entirety of Wetland A (0.05 acres) and portions of
Streams 1 and 2 have been permanently impacted by the grading of the road and the
placement of reinforced concrete pipe (RCP) culverts and headwalls. Based on as-built
calculations, permanent impact to jurisdictional channels due to culvert and headwall
placement is 74.69 if for Stream 1 and 74.56 if for Stream 2. Please see Appendix II for
the as-built dimensions and locations of these culverts. The culvert, slope, and invert
3
Application for Water Quality Ceritification No. 3821 S&ME Project No. 1357-10-005
Lilly's Cove, Montgomery County. N.C. July 2 2010
elevations have been designed to safely accommodate bankfull flows, low flows, and
allow safe passage of aquatic organisms.
An additional 191f of temporary impact to Stream 1 and 13 if of impact to Stream 2 have
occurred as a result of the installation of temporary sediment and erosion control
measures, and due to construction access associated with culvert installation. Due to
unanticipated additional impacts associated with the upstream concrete bases that were
included with the precast headwalls, the proposed downstream riprap plunge pools
included in previous designs for the project will not be included in the final design. The
former locations of these riprap plunge pools and other temporarily impacted areas will
instead be restored to their original grade and bank dimension and, where necessary, their
beds will be stabilized using existing native channel substrate.
A restrictive easement is being placed on all identified jurisdictional areas on the project
property not impacted by the current project development. This will ensure that future
build out of the subdivided parcels does not result in additional jurisdictional impacts.
AVOIDANCE AND MINIMIZATION
In order to both minimize impacts to jurisdictional waters and allow for adequate erosion
control measures, numerous changes have been made to the road and culvert design since
initial project conception. The road has been realigned in order to improve the crossing
angle and minimize impacts to Stream 1. The roadway has been narrowed at both
crossings as much as possible without creating unstable side slopes. Additionally large
riprap aprons that were a part of original plans have been eliminated from final plan
designs. The project has been designed to not disturb the Federal Emergency
Management Agency (FEMA) designated 100-year floodplain.
Appropriate sediment and erosion control practices, equaling those outlined in the most
recent version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual," have been required as part of the project specifications that govern the proper
design to meet appropriate turbidity water quality standards. An erosion control plan for
the project has been designed by Chambers Engineering and approved by NC DENR.
The proposed final build-out scenario for the site is a low density residential development
with significantly less than 24% impervious surface for all drainage areas; therefore no
stormwater management plan is required.
MITIGATION
The proposed project involves losses of less than 0.10 acre of wetlands and less than 150
If of jurisdictional stream. Impacts have been avoided and minimized to the maximum
extent practicable. Appropriate mitigation for the proposed project includes avoidance
and minimization procedures implemented during the design and construction phases of
the project, as well as restoration of all areas temporarily impacted by construction.
We do not anticipate that AHI (the applicant) will be required to provide additional
compensatory mitigation since avoidance and minimization efforts have been undertaken
4
Application for Water Quality Ceritification No. 3821 SBME Project No. 1357-10-005
Lilly's Cove, Montgomery County, N.C. July 2, 2010
in the planning and construction process, and total losses of jurisdictional wetlands and
streams are less than the 1 acre and 150 if mitigation threshold of WQC 3821.
CLOSING
By copy of this correspondence and completed PEN, we are requesting your written
concurrence with this WQC 3821 application. If you have questions or require additional
information, please feel free to contact S&ME at 704-523-4726.
Sincerely,
S&ME, Inc.
D. David Homans Michael W fe
Natural Resources Staff Professional Natural Resources Department Manager
Senior Reviewed by M. Neal McElveen, P.E.
Attached:
Appendices
Check for $570.00 NC DWQ processing fee
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REFERENCE: USGS MOUNT GILEAD WEST [2003] QUAD SHEET
THE ABOVE INFORMATION WAS OBTAINED FROM THE USDA GEOSPATIAL DATA GATEWAY. PLEASE NOTE THIS MAP IS 1 + / 1 �+ti, ✓
FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO .r•-
GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ""� 5001, �� +000 '1500
ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION.
Feet
SCALE: AS SHOWN FIGURE
DATE: 3-5-2010 USGS TOPOGRAPHIC MAP NO.
S&ME
Lilly's Cove
DRAWN BY: DDH - Montgomery County, North Carolina
CHECKED BY: MW PROJECT NO:
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THE ABOVE GIS LAYERS WERE OBTAINED FROM THE INC ONEMAP WEBSITE AND NCDOT GIS WEBSITE. PLEASE
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OTHER USES. THEREARE NO GUARANTEES ABOUT ITSACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY
FOR ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feet
SCALE: 1" = 500, FIGURE
DATE: 2005 AERIAL PHOTOGRAPH NO,
3-5-2010 S&ME Lilly's Cove
DRAWN BY: DDH Montgomery County, North Carolina 3
"NECKED BY: MW PROJECT NO:
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REFERENCE:USDA SOIL SURVEY GEOGRAPHIC (SSURGO) DATASET FOR MONTGOMERY COUNTY
NC
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THE ABOVE GIS LAYERS WERE OBTAINED FROM THE USDA GEOSPATIAL DATA GATEWAY. PLEASE NOTE THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO 0 250 500 ( 750
GUARANTEES ABOUT ITS ACCURACY. SaME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE ORANY
ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION. Feel
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Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification C Form
A. Applicant Information
1. Processing F6 K - tax
1 a. Type(s) of approval sought from the

Corps:
® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Lilly's Cove
2b. County: Montgomery
2c. Nearest municipality / town: Mount Gilead
2d. Subdivision name: N/A DENR•WATEROLIALITY
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Affordable Home Inspection, LLC
3b. Deed Book and Page No. bk. 647, pg. 524
3c. Responsible Party (for LLC if
applicable): Robert A. Cohen
3d. Street address: PO Box 545
3e. City, state, zip: Norwood, NC 28127
3f. Telephone no.: 704-438-2460
3g. Fax no.: N/A
3h. Email address: N/A
Page I of 12
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: D. David Homans
5b. Business name
(if applicable): S&ME, Inc.
5c. Street address: 9751 Southern Pine Blvd.
5d. City, state, zip: Charlotte, NC 28273
5e. Telephone no.: 704-523-4726
5f. Fax no.: 704-525-3953
5g. Email address: [e-mail]
Page 2 of 12
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 6584 00 40 2651
1 b. Site coordinates (in decimal degrees): Latitude: 35.22896 Longitude: - 80.05840
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: For project parcel: 81 acres; for project area, 7.98 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lake Tillery / Pee Dee River
proposed project:
2b. Water Quality Classification of nearest receiving water: Pee Dee River (including Lake Tillery below normal
operating levels): WS-IV,B;CA
2c. River basin: Upper Pee Dee 3040104
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project parcel is dominated by a mix of young hardwood and pine forest. The northwestern portion of the property is
bounded by shoreline of a cove where the Lower Richmond Creek flows into Lake Tillery; the western portion of the
property is bounded by Lilly's Bridge Road and a power line easement, and the remainder of the property is bounded by
wooded lots. The general land use in the vicinity of the project is dominated by wooded lots and lakeside residential
areas.
3b. List the total estimated acreage of all existing wetlands on the property:
0.05 acres within the vicinity of the project area
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
410 LF within the vicinity of the project area
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct a cul-de-sac through the project parcel in order to allow the project parcel to be
subdivided into 17 residential lots ranging between approximately 0.6 and 17.2 acres in size, a lot reserved for open
space, and a lot for lake access.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will involve the construction of an approximately 3,400 linear foot (If) cul-de-sac road and
associated water lines, culverts, and erosion control measures. Equipment used on the job includes trackhoes, dozers,
trucks, pavers, and excavators.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: The jurisdictional status of Streams 1 and 2 as ® Yes ? No ? Unknown
well as the jurisdictional origin of Stream 2 has been
confirmed in the field by Christy Wicker of the USACE and
Chad Turlington of NC DWQ, though no written
determination has been issued.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: S&ME, Inc.
Name (if known): David Homans Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 12
PCN Form - Version 1.3 December 10, 2008 Version
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form -Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T Fill, culverting ® Yes
? No ® Corps
® DWQ 0.05
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? PEI T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.05
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Culvert / Headwall Stream 1 ® PER ® Corps 4 74.69
Installation ? INT ® DWQ
S2 ®P ? T Culvert / Headwall Steam 2 ? PER ® Corps 3 74.56
Installation ® INT ® DWQ

S3 ? P ®T Construction
Access / Erosion
Stream 1 ® PER

?INT ® Corps

®DWQ
4
19
Control Measures

S4 ? P ® T Construction
Access / Erosion
Stream 2 ? PER

®INT ® Corps

®DWQ
3
13
Control Measures
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 149.25(P)
32(T)
3i. Comments: All additional jurisdictional streams on site are being placed under a conservation easement to ensure that
future buildout will not result in additional impacts.
Page 5 of 12
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4L Total open water impacts
4g. Comments: No open waters are located within the project area.
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
83 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: No state designated protected riparian buffers will be impacted.
Page 6 of 12
PCN Form -Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The road has been realigned in order to improve the crossing angle and minimize impacts to Stream 1. The roadway has been
narrowed at both crossings as much as possible without creating unstable side slopes. Additionally, large riprap aprons that
were a part of original plans have been eliminated from final plan designs.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Required sediment and erosion control measures have been used during construcion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 2%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed project is less than 24%
impervious and, as a low density residential subdivision, all drainage areas will stay below that level after build out.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Montgomery County
? Phase II
? NSW
3b . Which of the following locally-implemented stormwater management programs El USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a . Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b . Has the approved Stormwater Management Plan with proof of approval been
? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a . Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b . Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
F1 Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b . If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project proposed would not be expected to result in additional development in the surrounding area because: 1) it is
a relatively small development resulting in only only 17 parcels for residential development, 2) it involves no commercial
development that would potentially encourage further development, and 3) it would not result in a shift in growth patterns
in the area as the project is consistent with the ongoing regional growth patterns around Lake Tillery.
4. Sewage Disposal (DWQ Requirement)
4a . 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.
As the project is currently designed, no wastewater will be directly generated as no residential buildings are directly
proposed. Future wastewater from houses on individual parcels will likely be accomodated by septic systems.
Page 10 of 12
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? A
h
ill
ev
e
s
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Field review of the project area did not indicate the presence of habitat or endangered species listed for Montgomery
County. The project area and vicinity are not located in a Designated Critical Habitat. Review of Element Occurrences
on the North Carolina Natural Heritage Program Geographic Information Systems (GIS) Virtual Workroom found that
there were no recorded occurrences of federally protected species within a two-mile radius from the project area.
Scoping letters were sent to the Raleigh USFWS office on March 18, 2010.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_coral/ims/viewer.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO was contacted via a scoping letter. They responded saying that the project would not impact any currently known
historical or archeological resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The proposed project will be constructed outside of the
100-year FEMA floodplain. Floodplain determination was done using GIS data available from the www.ncfloodmaps.com
web site on March 18, 2010.
D. David Homans 5/10/2010
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 12
PCN Form -Version 1.3 December 10, 2008 Version
Page 12 of 12
PCN Form - Version 1.3 December 10, 2008 Version
0r'5& AGENT AUTHORIZATION FORM
Date: 6-8-2010
Nro ect intormation
S&ME Project Name: Lilly's Cove
Type of Project: Jurisdictional Delineation / 401-404 Permitting
Location: Montgomery County, North Carolina
Property Owner
Business Name:
Mailing Address:
City, State, Zip Code:
Telephone No.
Contact:
Affordable Home Inspection
P.O. Box 545
Norwood, NC 28128
704-438-2460
Robbie Cohen
Agent Information
Business Name:
Street Address:
City, State, Zip Code
Telephone No.
Contact:
S&ME, Inc.
9751 Southern Pine Boulevard
Charlotte, NC 28273
[phone]
David Homans
Authorization:
I hereby authorize
(Signature of Property)
S&ME, Inc. to act as agent for the above-mentioned project.
AS-BUILT LOCATION, ` -
_ t
' APPROX. 191F
n? TENIPORARIy IMPACTS
?iL-Q (to be restored to original oO
: "0 Irf . ` contour)
PROPERTY CA >
BOUNDARY -
%r
r 1 `4
1
LIMITS OFD ! BOUNDARY
CONSTRUCTION I I
APPROX. 13 LF
TEMPORARY IMPACTS ` AS-BUILT LOCATION
(to be restored to original l i tl
..-?
contour)
JURISDICTIONAL STREAM
(STREAM 2)
M? t

39
7
'
? NOT FOR CONSTRUCTION
4156
1_
STREA
Vt
?
?EDIMPACT"

so o so ioo 150
some: i = so
DRAWN BY: CHAMBERS ENGINEERING
(ADDITIONAL LABELING BY S&ME) _
Chambers Engineering, PA
129 North First St., Albemarle, NC 28001 704-984-6427
NCBELS Firm License No.-C-1660
DATE: 6/18/2010 Lilly's Cove As-Built Stream Impacts
0 - I
1 of 1
L
View o Wetland n as it occurs on the west side of Steam 2
View of the non-jurisdictional channel north of the project)
area. Water is in the channel due to recent ra
View of typical, young, upland mixed forest near the
origin of the project corridor.
Taken by: DDH
SITE PHOTOGRAPHS
Checked by: MW me-%&ME Lilly's Cove
Montgomery County, North Carolina
Date: 01.26.2010
Project No.: 1357-10-005 Photo Page 1
3 View of Stream 2, looking downstream.
a view of rypicai, young, upiana pine forest near the
end of the project corridor.
r
ei
View of the non-jurisdictional channel identified previously on
1/26/2010. Surface and ground water are no longer present
and the channel is largely unconfined.
w R
s
!I No
11 View of typical uplands in the vicinity of the 121
ephemeral portion of Stream 2.
Taken by: DDH
Checked by: MW
Date: 05.25.2010 d ItNINW&ME
L
View looking up an old logging road on the eastern
portion of the property.
SITE PHOTOGRAPHS
Lilly's Cove- Addendum
Montgomery County, North Carolina
Project No.: 1357-10-005 Photo Page 2
View of Stream 3 (a seasonal RPM, looking upstream.
7 View of the non-jurisdictional ephemeral portion of Stream
2.
g View of the non-jurisdictional portion of Stream 2 further up
gradient where continuous bank indicators are not apparent.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Determination Manual)
Project Site: Lilly's Cove Date: 1/26/2010
Applicant/Owner: Chambers Engineering County: Montgomery
Investigator: S&ME (D• David Homans) State: NC

Do normal circumstances exist on the site? Yes© No[-] Community ID: Wetland
Is the site significantly disturbed (Atypical Situation)? Yes? No &] Transect ID:
Is the area a potential problem area?
(if needed, explain on reverse) Yes? No® Plot ID: Wetland A
Lat:35.22898°N Lon: 80.05844°W
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
I Carpinus caroliniana T FAC 9.
2. Liriodendron tuljpi&ffl T FA 10.
3- Farus rrandifolia T FA
.
IL
4. Liauidambar stvraciflua T FA C+ 12.
5. Betula nirra T FACW 13.
6. Lonicera iaaonica H FA C- 14.
7. Ilex opaca S/S FA C- 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC: (except FAC-): 4 / 7 = 57
Remarks:Hydrophytic vegetation is dominant.
HYDROLOGY
? Recorded Data (Describe in Remarks)
? Stream, Lake or Tide Gauge
? Aerial Photograph
? Other
No Recorded Data Available Wetland Hydrology Indicators:
PRIMARY
® Inundated
® Saturated in Upper 12 Inches
® Water Marks
® Drift Lines
Field Observations: ® Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water: 3 (in.) SECONDARY
Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: 2 (in.) Water-Stained Leaves
? Local Soil Survey Data
Depth to Saturated Soil: 0 (in.) ? Other (Explain in Remarks)
Remarks: Wetland hydrology is evident.
SOILS
Map Unit Name Goldston-Badin complex, 15 to 45 percent slopes Drainage Class: Well drained
Series and Phase):
Field Observations ? ?
Taxonomy (Subgroup): Typic Kanhapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors (Munsell Moist) Texture. Concretions.
Inches Horizon (Munsell Moist and Abundance / Contrast Rhizospheres, etc.
0-6 10YR 5/2 none clay loam
6-12+ 10YR 6/2 10YR 5/8, many clay
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks: Soil is hydric.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes® No[:] Wetland Hydrology Present? Yes?X No?
-
Hydric Soils Present? Yes[ No? Is this Sampling Point Within a Wetland? Yes® No[
]
Remarks: Data point is located in a wetland.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 USACE Wetlands Determination Manual)
Project Site: Lilly's Cove Date: 1/26/2010
Applicant/Owner: Chambers Engineering County: Montgomery
Investigator: S&ME (D• David Homans) State: NC

Do normal circumstances exist on the site? YesM No? Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes? No M Transect ID:
Is the area a potential problem area? Yes? No[R]
(if needed, explain on reverse) Plot ID: A
Lat:35.2289-N Lon: 80.05835°W
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
I Acer rubrum T FAC 9.
2. Liriodendron tulio&M T FA 10.
3 Ilex ooaca S/S FA C- 11.
4. Ouercus rubra T FA 12.
5. Osmunda cinnamomea H FA + 13.
6. Allium so. H 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC: (except FAC-): 3 / 6 = 50
Remarks:Hydrophytic vegetation is not dominant.
HYDROLOGY
? Recorded Data (Describe in Remarks)
? Stream, Lake or Tide Gauge
? Aerial Photograph
? Other
No Recorded Data Available Wetland Hydrology Indicators:
PRIMARY
? Inundated
? Saturated in Upper 12 Inches
? Water Marks
? Drift Lines
Field Observations: ? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water: 0 (in.) SECONDARY
? Oxidized Root Channels in Upper 12 Inches
Depth to Free Water in Pit: 12+ (in.) ? Water-Stained Leaves
? Local Soil Survey Data
Depth to Saturated Soil: (in.) ? Other (Explain in Remarks)
Remarks: Wetland hydrology is absent.
SOILS
Map Unit Name Goldston-Badin complex, 15 to 45 percent slopes Drainage Class: Well drained
Series and Phase):
Field Observations ? ?
Taxonomy (Subgroup): Typic Kanhapludults Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors (Munsell Moist) Texture. Concretions.
Inches Horizon (Munsell Moist) and Abundance / Contrast Rhizospheres, etc.
0-5+ 10YR 4/3 none clay loam
5-12+ 7.5YR 4/4 2.5Y 6/3, many clay loam
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
? Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks: Soil is not hydric.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes? No®
Hydric Soils Present? Yes? No® Wetland Hydrology Present? Yes[:] No?X
Is this Sampling Point Within a Wetland? Yes[] No®
Remarks: Data point is located in an upland.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 1/26/2010 Project Lilly's Cove Latitude: 35.22896°N
Evaluator: S&ME (D. David Homans) Site: Stream 1 Longitude: 80.0584°W
Total Points 34 County: Montgomery Other
Stream is at least intermittent
if z 19 or perennial if a 30 e.g. Quad Name:
A. Geomorphology (Subtotal = 17 ) Absent Weak Moderate Strong
1 a. Continuous bed and bank 2
2. Sinuosity 2
3. In-channel structure: riffle-pool sequence 2
4. Soil texture or stream substrate sorting 2
5 Active/relic oo p aln 3
Depositional bars or benches
ral e channel
8. Recent alluvial deposits 2
a. Natural levees o
10. Head cuts 0
11. Grade co s 0.5
12. Natural valley or drainageway 1.5
13. Second or greater or er on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. HAroloov (Subtotal = 10
14. Groundwater flow/discharge 3
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 2
16. Leaflitter 1
17. Sediment on plants or debris 1.5
_ --- -
rganlc a rls Ines or piles rac Ines -- -
1
19. y nc soils (redoximorpffic features) present'? Ye ___11.5
C. Bloloav (Subtotal = 7
20b. Fibrous roots in channel 1
21 b. Rooted plants in channel 2
22. Cra fish 1
23. Bivalves o
24. Fish o
25. Amphibians 0.5
26. Macrobenthos (note diversity and abundance) 0.5
27. Filamentous algae; periphyton 2
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed None = 0
b. Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Observed scuds, sowbugs, crayfish and filamentous algae.
North Carolina Division of Water Quality - Stream Identification Form;
Version 3.1
Date: 1/26/2010 Project Lilly's Cove Latitude: 35.22962°N
Evaluator: S&ME (D. David Homans) Site: Steam 2
Longitude: 80.05766°W
Total Points Z$ rJ County: Montgomery Other
Stream is at least intermittent
rf z 19 or perennial ifs 30 ' e.g. Quad Name:
A. Geomorphology (Subtotal = 16.5) Absent Weak Moderate Strong
1a. Continuous bed and bank 3
2. Sinuosity 2
3. In-channel structure: riffle-pool sequence 2
4. oil texture or stream substrate sorting 2
Active/relic oo pain 1
Depositional bars or benches 2
Braided channel 0
ecent alluvial deposits
a. Natural evees 0
10. Head cuts 1
11. Grade controls 1
12. Natural valley or drainageway 1.5
13. Second or greater order on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdroloov (Subtotal = 9 )
14. Groundwater flow/discharge 2
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 3
16. Leaflitter 1
17. Sediment on plants or debris 1
18. Organic debris lines or pies rac Ines) 0.5
19. y nc soils re oximorp is features) present? Yes = 1.5
C. Bioloav (Subtotal = 3 )
20b. Fibrous roots in channel 1
21 b. Rooted plants in channel 1
22. Crayfish 0.5
23. Bivalves 0
24. Fish 0
25. Amphibians 0
26. Macrobenthos (note diversity and abundance) 0.5
27. Filamentous algae; periphyton 0
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed None = 0
D. hems zu and zi tocus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 1/26/2010 Project Lilly's Cove Latitude: 35.23315°N
Evaluator: S&ME (D. David Homans) Site: Non Jurisdictional Channel Longitude: 80.05853°W
Total Points 18 County: Montgomery Other
Stream is at least intermittent
if t 19 or perennial if t 30 e.g. Quad Name:
A. Geomorphology (Subtotal = 10 ) Absent Weak Moderate Strong
1a. Continuous bed and bank 2
2. Sinuosity
3. In-channel structure: riffle-pool sequence
4. Soil texture or stream substrate sorting --
c ive re lc oodplaln 0 --
Depositional bars or benches
7. rai e c anne
-
-
-
8. Recent alluvia
Fd
e
posits
a. Natural levees 0
10. Head cuts
0 -
• ra a control
0.5
12. Natural valley or drainageway 1.5
13. Second or greater order on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdrologv (Subtotal = 5.5 )
14. Groundwater flow/discharge 2
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 2
16. Leaflitter 1
17. Sediment on plants or debris 0.5
rganlc ens Ines oi= piles rac lines _- - 0
--
-

resen .-_
y I IC soils re oxlmorp is ea UreS present'?--
No = 0
C. Bloloav (Subtotal = 2.5 )
20b. Fibrous roots in channel 0
21b. Rooted plants in channel 2
22. Crayfish 0
23. Bivalves 0
24. Fish 0
25. Amphibians 0
26. Macrobenthos (note diversity and abundance) 0.5
27. Filamentous algae; periphyton 0
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed None = 0
o. Items zu ano c I rocus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Non jurisdictional channel; stream will not be affected by
road construction.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 5/25/2010 Project Lilly's Cove Latitude: 35.23307°N
Evaluator: S&ME (D. David Homans) Site: Non-jurisdictional (revisited) Longitude: 80.05823°W
Total Points 11 5
Stream is at least intermittent
if z 19 or perennial if z 30 County: Montgomery Other

e.g. Quad Name:
A. Geomorphology (Subtotal = 8 ) Absent Weak Moderate Strong
la. Continuous bed and bank 2
2. Sinuosity 1
3. In-channel structure: riffle-pool sequence 0
4. Soil texture or stream substrate sorting 1
Active/relic oo p aln 0
Depositional bars or benches 1
Braided channel 0
8. Recent alluvial deposits 1
a. aura evees 0
10. Head cuts 0
11. Grade controls 0.5
12. Natural valley or drainageway 1.5
13. Second or greater or er on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdrologv (Subtotal = 1.5 )
14. Groundwater flow/discharge 0
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 0
16. Leaflitter 0.5
17. Sediment on plants or debris 0.5
18. Organic debris Ines or piles (Wrack Ines 0.5
19. y ric soils re oxlmorp is features) presen . No = 0
C. Bloloov (Subtotal = 2 )
20b. Fibrous roots in channel 0
21 b. Rooted plants in channel 2
22. Crayfish 0
23. Bivalves 0
24. Fish 0
25. Amphibians 0
26. Macrobenthos (note diversity and abundance) 0
27. Filamentous algae; periphyton 0
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed None = 0
b. Items zu and 21 tocus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Non-jurisdictional channel was revisited. No water or
groundwater was identified.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 5/25/2010 Project Lilly's Cove Latitude: 35.22981°N
Evaluator: S&ME (D. David Homans) Site: Stream 2 (non-j part) Longitude: 80.05598°W
Total Points 16 5
Stream is at least intermittent
if z 19 or perennial if z 30 County: Montgomery Other

e.g. Quad Name:
A. Geomorphology (Subtotal = 13.5) Absent Weak Moderate Strong
1a. Continuous bed and bank 3
2. Sinuosity 3
3. In-channel structure: riffle-pool sequence
4. Soil texture or stream substrate sorting
Active/relic oo p aln
Depositional bars or benches
Braided channel 0
Recent alluvial deposits
a. Natural levees 0
10. Head cuts 0
11. Grade controls
12. Natural valley or drainageway 1.5
13. Second or greater order on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdroloqv (Subtotal =
14. Groundwater flow/discharge 0
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 0
16. Leaflitter 0.5
17. Sediment on plants or debris 0.5
18. Organic debris lines or piles (Wrack lines) 0
19. y rlc soils re oxlmorp is ea ures presen . No = 0
C. Blologv (Subtotal = 2
20b. Fibrous roots in channel 0
21 b. Rooted plants in channel 2
22. Crayfish 0
23. Bivalves 0
24. Fish 0
25. Amphibians 0
26. Macrobenthos (note diversity and abundance) 0
27. Filamentous algae; periphyton 0
28. Iron bacteria/fun us 0
29b. Wetland plants in streambed None = 0
b. Items zu and zi focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Data point was taken upstream of intermittent section where
no surface or groundwater was observed and soils were not
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: 5/25/2010 Project Lilly's Cove
Latitude: 35.2325°N
Evaluator: S&ME (D. David Homans) Site: Stream 3 Longitude: 80.05298°W
Total Points 24 rJ
Stream is at least intermittent
if t 19 or perennial if z 30 County: Montgomery Other

e.g. Quad Name:
A. Geomorphology (Subtotal = 13.5) Absent Weak Moderate Strong
1 a. Continuous bed and bank 3
2. Sinuosity 0
3. In-channel structure: riffle-pool sequence 2
4. Soil texture or stream substrate sorting 2
Active/relic oo p aln 0
Depositional bars or benches
Braided channel 0
Recent alluvial deposits
a. Natural levees 0
10. Head cuts 2
11. Grade controls 1
12. Natural valley or drainageway 1.5
13. Second or greater order on existing
USGS or NRCS map or other documented
evidence.
No = 0
a. man-made ditches are not rated: see discussions in manual
B. Hvdroloav (Subtotal = 6.5 )
14. Groundwater flow/discharge 2
15. Water in channel and > 48 hours since rain or
Water in channel -- dry or growing season 1
16. Leaflitter 1
17. Sediment on plants or debris 1
18. Organic debris lines or piles (Wrack lines) 0
19. y ric soils re oxlmorp is features) present? Yes = 1.5
C. Bloloav (Subtotal = 45
)
20b. Fibrous roots in channel 1
21 b. Rooted plants in channel 2
22. Crayfish 0
23. Bivalves 0
24. Fish 0
25. Amphibians 0
26. Macrobenthos (note diversity and abundance) 0.5
27. Filamentous algae; periphyton 0
28. Iron bacteria/fun us 1
29b. Wetland plants in streambed None = 0
u. items cu anu z i locus on fne presence or uplana plants. item za focuses on the presence of aquatic or wetland plants
Notes: (use back side of this form for additional notes) Sketch:
Appears to have been channelized. Water was only present
in isolated non-flowing pools.
NCDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 11, 2010
DWQ Project # 10-0447
Montgomery County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Stephen Chambers
Chambers Engineering, P.A,
P.O. Box 1726
Albemarle, NC 28002
Subject Property: Lillys Cove
Ut to Lake Tillery [030708, 13-(1)-WSIV, B, CA]
REQUEST FOR MORE INFORMATION
Dear Chambers:
On June 8, 2010, the Division of Water Quality (DWQ) received your "Courtesy Copy"
application dated May 10, 2010, to fill or otherwise impact 149 linear feet of perennial stream, to
construct the proposed residential subdivision at the site. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below: The DWQ
will require additional information in order to process your application to impact protected
wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the
additional information requested below, we will place this project on hold as incomplete until we
receive this additional information. If we do not receive the requested information, your project
will be formally returned as incomplete. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
You did not include the temporary stream impacts from installation of the proposed four
headwalls associated with the two stream crossing. Therefore, your impacts, both
temporary and permanent are over 150 feet, and you will need to submit five copies of a
revised PCN application and a fee of $570. Additionally, your narrative states that this
application is an "After-The-Fact" application, yet you did not check the box indicating
this in Section F, 2b. Please make this correction with your new submittal.
2. Finally, please note that DWQ staff will be conducting a field visit to assess the project
for water quality violations, measure the impacted stream lengths, and verify the stream
determinations.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
An Equal Opportunity 1 Affirmative Action Employer
NoAhCarolina
Naturally
Chambers Engineering, P.A.
Page 2 of 2
June 11, 2010
Please submit this information within 30 calendar days of the date of this letter. If we do not
receive this requested information within 30 calendar days of the date of this letter, your project
will be withdrawn and you will need to reapply with a new application and a new fee.
This letter only addresses the application review and does not authorize any impacts to wetlands,
waters or protected buffers. Please be aware that any impacts requested within your application
are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Amy Chapman
at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss
this matter.
Sinc ly,
Ian McMillan, Acting Supervisor
401 Oversight/Express Review Permitting Unit
UM
cc: Chad Turlington, DWQ Fayetteville Regional Office
USACE Wilmington Regulatory Field Office
File Copy
1). David Homans, S&ME, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28273
Filename: 100447LillysCove(Montgomery)On_Hold
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. SAW-2010-00789 County: Montgomery USGS Quad: Morrow Mountain
INCOMPLETE APPLICATION
Applicant: Stephen Chambers, Chambers Engineering, PA
Address: P.O. Box 1726
Albemarle, North Carolina 28002
Location/Description of Proposed Activity: The project consists of constructing 3,400 linear feet of
cul-de-sac road to provide private access to proposed subdivision known as Lilly's Cove (PIN #
6584-00-40-2651), adjacent to 404 waters of Lake Tillerv, in Montgomery County, North Carolina.
Nationwide Permit No.: Type of Pen-nit Applied For (check one): IP ( ) NWP (X) GP ( )-
Applicable law: Section 404 of the Clean Water Act (X); Section 10, Rivers and Harbor Act (
YOUR APPLICATION/PRECONSTRUCTION NOTIFICATION IS INCOMPLETE AND CANNOT
BE EVALUATED UNTIL THE FOLLOWING INFORMATION IS RECEIVED (CHECK ALL THAT
APPLY):
Your application/pre-construction notification form has not been completed and/or signed. (see
remarks)
Under the conditions of Nationwide Pen-nit #, you are required to submit an aquatic resource
mitigation plan. No mitigation is proposed with your request nor is any justification for not providing
compensation for impacts (see remarks).
Your application/pre-construction notification did not include information describing measures you
have implemented to minimize direct and/or secondary or cumulative losses of Waters of the United
States.
X Your submitted project plans or maps were insufficient, too large, or not legible (see remarks)
X Your application/pre-construction notification did not include a complete delineation of affected
special aquatic sites, including wetlands, vegetated shallows, and riffle and pool complexes as required.
You must submit a copy of your application to the NC Wildlife Resources Commission (WRC)
since your proposed work is in a designated trout water county (see remarks section below for the address
of your WRC representative)
X Other (see remarks below)
REMARKS:
Upon review of your application, this Office has determined that your NWP 29 application is
incomplete. In review of your permit request, we are considering the entire propertv to be a single
and complete project, and therefore will need a complete wetland/stream delineation. Furthermore,
vour application did not include a site development plan for the proposed Lillv's Cove subdivision
to include water, wastewater and power utilities. Please provide a plan view to include the proposed
impact areas with respect to all jurisdictional features. This office recommends that the lots be
desil4ned so that all jurisdictional waters and wetlands are located within open space. Please bear in
mind that jurisdictional impacts must be avoided and minimized to the maximum extent
practicable.
In order for your permit request to be considered complete, the above information must be
provided to our office for processing. These items are required to verify that the activity is eligible
for Nationwide Permit No. 29 and pertinent to fuliv assess the direct and secondary impacts on the
property. A copy of the permit application and requested information will need to be sent to N.C.
Division of Water Quality as well. Please submit this information to this office within two weeks of
receipt of this notification or we will consider your application withdrawn and close the file.
Please contact us if a site visit or pre-application meeting is desired.
Date: Mav 19, 2010
Corps Regulatory Official: Emilv Hughes Telephone No.: [phone]
Copy furnished:
D. David Homans S&ME Inc. 9751 Southern Pine Blvd. Charlotte NC 28273
Chad Turlington. NCDENR-DWO, Fayetteville Regional Office, 225 Green St., Suite 714/Svstel Bldg., Fayetteville NC
28301
Theresa Thompson, Montgomery Planning Department, 219 S Main St., Trov, NC 27371