20060180 Ver 1_Approval Letter_20060612

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
June 12, 2006
Mr. Doug Miller
Ginn-Laurel Creek GP, LLC
389 Little Laurel Road Extension
Boone, North Carolina 28607
Re: Ginn-Laurel Creek GP, LLC: Laurelmor Subdivision and Golf Course,
Watauga/Wilkes County
DWQ #20060180; USACE Action ID. No. 200630172
APPROVAL of 401 Water Quality Certification
Dear Mr. Miller:
Attached hereto is a copy of Certification~No. 3576 issued to Mr. Doug Miller, of the Ginn-
Laurel Creek GP, LLC, dated June 12, 2006. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water
Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
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Alan W. Klimek, P.E.
AWK/cbk/ijm
Attachments: Certificate of Completion
NCDWQ - 401 WQC - EEP - Summary of Mitigation Impacts
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Field Office, Wilmington District, USACOE
Daryl Lamb, DWQ Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
John C. Vilas, E'n'V Environmental Consulting Services, Inc., 3764 Rominger Road,
Banner Elk, NC 28604
Filename: 060180IaurelmorSDGo]fResort(Watauga_Wilkes~01_IC
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] / Internet: htto:!lh2o.enr.state.nc.uslncwetlands
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An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper

Ginn-Laurel Creek GP, LLC
Page 2 of 8
June 12, 2006
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Doug Miller of the Ginn-
Laurel Creek GP, LLC, NC to fi110.18 acres of jurisdictional wetland and 6,331 linear feet of
stream in the Yadkin River Basin, associated with the construction of the Laurelmor subdivision
and golf course located in the Elk and Blue Ridge Townships, Watauga and Wilkes Counties,
between Sampson Road and Elk Creek Road, pursuant to an application filed on the 2°a day of
February of 2006, and received by the DWQ on February 3, 2006, and in additional
correspondence received Apri120, 2006 and June 8, 2006.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required: If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance.
with the conditions listed below is required.
Conditions of Certification:
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 6,331 (linear feet) PN and Construction Plans
404/CAMA Wetlands 0.18 acres) PN and Construction Plans

Ginn-Laurel Creek GP, LLC
Page 3 of 8
June 12, 2006
Sediment and Erosion Control:
2. 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. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
3. 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 404/401Permit Application. 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. 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;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404;
6. 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 of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.

Ginn-Laurel Creek GP, LLC
Page 4 of 8
June 12, 2006
Continuing Compliance:
Mr. Doug Miller and the Ginn-Laurel Creek GP, LLC, shall conduct construction activities in
a manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that
State or federal law is being violated, or that further conditions are necessary to assure
compliance, the Division may reevaluate and modify this Certification to include conditions
appropriate to assure compliance with such standards and requirements in accordance with
15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr.
Doug Miller and/or the Ginn-Laurel Creek GP, LLC, NC and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide
opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised
conditions shall be provided to Mr. Doug Miller and/or the Ginn-Laurel Creek GP, LLC, NC
in writing, shall be provided to the United States Army Corps of Engineers for reference in
any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become
conditions of the 404 Permit for the project;
Miti ag tion:
8. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund administered
by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement.
This has been determined by the DWQ to be a suitable methpd to meet the mitigation
requirement. Until the EEP receives and clears your check (made payable to: DENR -
Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into a restoration fund. You have one month from the date of
this approval to make this payment. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
Compensatory
Miti ation Re uired River and Sub-basin
Number
Stream 6,331 (linear feet) Yadkin/03040101
Placement of Culverts:
9. Culvert Installation
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert.

Ginn-Laurel Creek GP, LLC
Page 5 of 8
June 12, 2006
Placement of culverts and other structures in waters, streams, and wetlands must be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement
of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion form.
Deed Notifications:
10. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds, and
any associated buffers. These mechanisms shall be put in place within 30 days of the date
of issuance of the 401Certification letter or the issuance of the 404 Permit (whichever is
later). A sample deed notification format can be downloaded from the 401/Wetlands Unit
web site at http://h2o.enr.state.nc.us/ncwetlands. DWQ shall be sent copies of all deed
restrictions applied to these lots;
11. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms maybe found at
http://hlo.enr.state.rrc.us/su/Forms Documefits.htm.;

Ginn-Laurel Creek GP, LLC
Page 6 of 8
June 12, 2006
12. Adequate sediment and erosion control measures must be used before construction and
maintained until disturbed soils are permanently stabilized. All bare soils must be seeded
within fifteen (15) days of ground disturbing activities. Erosion control matting must be
used with seeding on disturbed soils in riparian areas. It should be secured in place with
staples, stakes, or, wherever possible, live stakes of native trees. Straw mulch and tall
fescue should not be used in riparian areas.
13. Culverts that are less than 48 inches in diameter must be installed with 20% of the diameter
of the culvert (measured up from invert) below the level of the stream bottom to allow
stream bed materials to accumulate and to facilitate aquatic life passage during periods of
low stream flow. Larger diameter culverts should be placed 1 foot below the stream
bottom. Culverts should be placed in the main flow channel (i.e. thalweg). Partial burial of
culverts in this manner may require increasing their size to accommodate high flows.
14. If concrete is used during construction (e.g., headwalls), it must be isolated from flowing
water. Water that inadvertently contacts live concrete must not reach surface waters since
this can kill fish.
15. Rock, sand, or other materials must not be excavated from the stream channels except in
the immediate vicinity of the culverts. Instream dredging has severe, adverse effects on
aquatic life and disturbance of the natural form of the channels can cause erosion. The
natural dimension, pattern, and profile of the channels adjoining the permitted areas
should not be modified by widening or changing their depths.
16. Sandbags, flexible pipe, or other stable diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed from
the stream bed after completing the construction work. Any diversion channels must be
lined with fabric and/or rock.
17. Stormwater from roads should be directed to vegetated buffer areas (e.g. level spreaders)
or retention basins and not routed directly to streams as concentrated flow. Drop inlets
are not allowed directly on streams.
18. Any rock for inlet or outlet stabilization should be clean and limited to the stream bank
below the high water mark and vegetation should be used above. Rock or other materials
must not be placed in stream channels in a manner that obstructs fish passage.
19. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible.
Where it is removed, native woody vegetation (e.g., rhododendron, dog hobble, silky
dogwood, sycamore, river birch, red maple) should be replanted upstream and
downstream of the culverts to provide bank stability and shading. We encourage the use
of native plants that must be removed from permanently disturbed areas.
20. All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels, lubricants,
and hydraulic fluids.

Ginn-Laurel Creek GP, LLC
Page 7 of 8
June 12, 2006
21. Hydroseed mixtures and wash-waters must not reach surface waters.
22. Written Stormwater Management Plan (Final Plan Needed)
A final, written, comprehensive stormwater management plan (including a signed
and notarized Operation and Maintenance Agreement) for each phase of the project
shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree
Blvd., Suite 250, Raleigh, NC, 27604) and reviewed and approved in writing by this
Office before the impacts specified in this Certification occur. You have the option of
using the Express Review Program for expedited approval of these plans. If you propose
to use the Express Review Program, remember to include the appropriate fee with the
plan. The stormwater management plan must include plans, specifications, and
worksheets for stormwater management facilities that are appropriate for the surface
water classification and designed to remove at least 85% TSS according to the most
recent version of the NC DENR Stormwater Best Management Practices Manual. These
facilities must be designed to treat the runoff from the entire project, unless otherwise
explicitly approved by the Division of Water Quality. Also, before any permanent
building is occupied at the subject site, the facilities (as approved by this. Office)
shall be constructed and operational,. and the stormwater management plan (as
approved by this Office) shall be implemented. The structural stormwater practices as
approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization
from the Division of Water Quality.
23. For each phase of the project, before any impacts to streams or wetlands occur, all
proposed stream buffers must be established and protected by permanent conservation
easements for all streams encompassed by that phase;
24. For each phase of the project, before any impacts to streams or wetlands occur,
compensatory mitigation must be paid in full for all impacts to streams and wetlands
associated with that phase.
25. 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 Oversight/Express Review
Permitting Urlit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
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.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,

Ginn-Laurel Creek GP, LLC
Page 8 of 8
June 12, 2006
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 12th day of June 2006
DIVISION OF WATER QUALITY
~ ~~ l
,r
Alan W. Klimek, P.E. "
3576
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~~~
N~DENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
Division of Water Quality
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
North Carolina Division of Water Quality
401 Water Quality Certification and Neuse Buffer Authorization
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Doug Miller of the Ginn-Laurel Creek GP, LLC,
have permission as outlined below to impact 0.18 acres of jurisdictional wetland and 6,331 linear
feet of stream in the Yadkin River Basin, associated with the construction of the Laurelmor
subdivision and golf course located in the Elk and Blue Ridge Townships, Watauga and Wilkes
Counties, between Sampson Road and Elk Creek Road. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION AND BUFFER AUTHORIZATION IS NOT
VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS-NC ECOSYSTEM ENHANCEMENT
PROGRAM (NC EEP)
DWQ Project No:
LOCATION:
COUNTY
BASIN/ SUB BASIN/ INDEX
20060180
Elk and Blue Ridge Townships, NC
Watauga/Wilkes
Neuse/03020201
As required by 15A NCAC 2H.0500, and the conditions of this Certification and Neuse Buffer
Authorization, you are required to compensate for the above mitigable impacts through the
restoration, creation, enhancement or preservation of surface waters and riparian buffers as
outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement
Program must be rounded to one-quarter acre increments; linear foot requirements must be
rounded up to the nearest foot according to 15A NCAC 2R.0503(b).
Impacts:
6,331 linear feet of stream
Mitigation:
6,331 linear feet of stream
401 Wetlands Cen9fication 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:l/h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Empbyer - 50% Recycled/10°~ Post Consumer Paper
NonrthCarolina
~atur~!!~

Mr. Doug Miller of the Ginn-Laurel Creek GP, LLC
Page 2 of 2
June 12, 2006
One of the options you have available to satisfy the compensatory mitigation requirement is
through the payment of a fee to the NC EEP per 15A NCAC 2R.0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Program at the address below.
An invoice for the appropriate amount of payment will be sent to you upon receipt of this form.
PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM
ENHANCMENT PROGRAM.
Signature:
Date:
ECOSYSTEM ENHANCEMENT PROGRAM
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Filename: 060180LaurelmorSDGolfResort(Watauga_Wi}kes~01_IC_EEP