20100447 Ver 1_More Info Received_20100823 (2)

S&ME
August 19, 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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F4 L?a Reference: Response to Request for More Information @ffcv
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Lilly's Cove 1
Montgomery County, North Carolina ?G ~ 2G )?
S&ME Project No. 1357-10-005 1WRA??SAND E Ouati7Y
DWQ Project No. 10-0447 c MMAIERBRANCli
Dear Mr. McMillan:
This letter is in response to your July 27, 2010 request for more information regarding the
Lilly's Cove Project (copy attached). Please find the attached five (5) signed copies of
the Pre-construction Notification (PCN) form per item 6 of your request letter. It should
be noted that the following modifications have been made to this application: 1) this
project is now indicated as being in violation of DWQ Wetland Rules in section F
question 2a, and an explanation is provided in question 2c, and 2) as is indicated in
section F question 4a, the current project design now has sewage disposed via a
connection to the City of Mt. Gilead sewer system, as opposed to the septic systems that
were indicated in prior submittals.
The remaining items in your request have been addressed in two sets of full-sized and
three sets of 11 X 17 plans that are being provided to you by Chambers Engineering, PA.
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 Wolfe
Natural Resources Staff Professional Natural Resources Department Manager
Attached:
Copy of July 27, 2010 Request for More Information
Signed Pre-Construction Notification Form (5 copies)
S&ME, INC. / 9751 Southern Pine Boulevard / Charlotte, NC 28273-5560 / p 704.523.4726 f 704.525.3953 / www.smeinc.com
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification C Form
A. A Gcant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c. 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
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
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 LIU i; rt
2d. Subdivision name: N/A r,1 G y 2(1h,
2e. NCDOT only, T.I.P. or state
project no:
N/A INETW%'D_s 1 'VITERLuALIIY
3. Owner Information BRANCH
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
1 a. 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 ? P ? 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 - or
(PER)
(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 ® Corps
4
19
Control Measures ? INT ® DWQ

S4 ? P ®T Construction
Access / Erosion
Stream 2 ? PER ® Corps
3
13
Control Measures ® INT ® DWQ
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
4f. 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 re wired?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?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 b elow that level after build out.
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative 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
3b . Which of the following locally-implemented stormwater management programs ? NSW
? 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
attached? ? Yes ? No
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
? 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 213 .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): Construction on
the project began prior to approval due to a missunderstanding regarding notification requirements, though the application
process had been initiated. Explaination of the violation is described fully in 6/29/2010 letter for Robert Cohen to Col.
Ryscavage that was provided via email to DWQ on 8/1/2010.
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.
Wastewater generated from the project will be trasmitted via a lower pressure sewer line running within the road right-of-
way and will be tied into the City of Mount Gilead sanitary sewer system which runs along Lilly's Bridge Road.
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. ? Asheville
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 8/19/2010

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
*S&ME
Date: 6-8-2010
Proiect Information
AGENT AUTHORIZATION FORM
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.