20061944 Ver 1_Mitigation Information_20111103

CL e�r�IVater
C1earWater Environmental Consultants Inc
www cwenv com
November 2 2011
Ms Lon Beckwith
US Army Corps of Engineers
151 Patton Avenue Room 208
Asheville NC 28801
Ms Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh NC 27699 165
RE Lonesome Valley
Permit Modification
USACE Action ID 200700110
DWQ Project # 20061944
Jackson County, North Carolina
Dear Lon and Ian
I.rft.w. I
NOV - 3 2011
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amsroPonwhpWAM
This letter respectfully requests the modification of Lonesome Valley s Section 404 permit issued July
16 2007 and 401 DWQ Certification dated April 17 2008 (attached) Specifically this is a modification
of the mitigation plan Please note that as a result of these modifications the overall stream impacts
associated with this project are the same Lonesome Valley Development LLC received authorization to
(1) permanently impact 592 Imear feet of streams for road construction (Phases I and I)) (2) temporarily
impact 330 linear feet of streams for culvert replacement and 75 Imear feet of streams for bank
stabilization (both in Phase 1) (3) permanently impact 0 047 acre of wetland for pond construction (Phase
I) and road construction (Phase II) and (4) conduct 570 linear feet of stream restoration (to be used as
part of the mitigation plan for the project)
Lonesome Valley is also required under the issued Section 404/401 permits (Phase 1 and 2) to preserve
50 212 Imear feet of stream Upon review of the permit drawings it is apparent that Lonesome Valley
actually preserved 54 111 This is 3 888 more feet than was originally required by permit
On March 10 2006 Lonesome Valley also entered into a contract with Baker Engineering to make
available portions of Logan Creek for an EEP stream restoration project that will provide 5 000 stream
mitigation units However as a result of the mitigation condition from the 404/401 permits Lonesome
Valley has only 3 888 Imear feet of Logan Creek for Baker Engineering to conduct stream restoration and
enhancement Lonesome valley has identified an adjacent tract of land with an additional 1 222 Imear
feet of unnamed tributary streams to Logan Creek This tract is located in the southeastern comer of the
property and is accessed by Spring Forest Drive The undisturbed streams with forested buffers are also
adjacent to preserved streams on Lonesome Valley s property Lonesome Valley proposes to place this
1 222 linear foot section of stream into restrictive covenants as part of Lonesome Valleys Mitigation plan
224 South Grove Street, Suite F
Hendersonville NC 28792
828 698 9003 Fax

Lonesome Valley
11/2/2011
Page 2 of 2
(see attached map) By placing this stream and buffer under restrictive covenants Baker Engineering will
then be able to conduct stream restoration and enhancement activities on 5 110 linear feet of Logan Creek
(see attached map) for their full delivery mitigation protect with the Ecosystem Enhancement Program
(EEP)
Please do not hesitate to contact me at 828 698 9800 if you have any questions or comments regarding
this information
Sm el
R Clement Riddle
Principal
cc Kevin Barnett DWQ
Lonesome Valley Development LLC

Attachments
US Army Corps of Engineers 404 Individual Permit
And
DWQ 401 Water Quality Certification

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 5006
REPLY T O
ATrEENMON OF July 16 2007
Regulatory Division
Action ID 200700110
Mr Shane Robichaud
Lonesome Valley Development, LLC
94 Lonesome Valley Road
Post Office Box 3269
Cashiers North Carolina 28717
Dear Mr Robichaud
In accordance with your written request of December 21, 2006 and the ensuing
administrative record, enclosed are two copies of a permit to impact waters of the United States
(U S ) in order to construct a residential community and associated amenities in Jackson County,
North Carolina. The entire project (the previously permitted Phase I and the current proposal for
Phase II), will impact waters of the United States as follows (1) permanently impact 5921mear
feet of streams for road construction (Phases I and 11), (2) temporarily impact 330 linear feet of
streams for culvert replacement and 75 Imear feet of streams for bank stabilization (both in Phase
1), (3) permanently impact 0 047 acre of wetland for pond construction (Phase I), and road
construction (Phase 11), and impact 570 linear feet of stream for on site stream restoration (to be
used as part of the mitigation plan for the project)
You should acknowledge that you accept the terms and conditions of the enclosed permit
by signin g and datmg each copy in the spaces provided ( "Permittee" on page 3) Your signature,
as permittee, indicates that, as consideration for the issuance of this permit, you voluntarily
accept and agree to comply with all of the terms and conditions of this permit. All pages of both
copies of the signed permit with drawings should then be returned to this office for final
authorization A self - addressed envelope is enclosed for your convenience
Title 33, Part 325 1(f), of the Code of Federal Regulations reads, in part, that "A $10 fee
will be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services " As your application fits the latter category, you are
requested to remit your check for $100 made payable to the Finance and Accounting Officer
USAED Wilmington The check should accompany the signed and dated copies of your permit.

2
This correspondence contains a proffered permit for the above described site If you
object to this decision, you may request an administrative appeal under Corps regulations at 33
CFR part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and
request for appeal (RFA) form If you request to appeal this decision you must submit a
completed RFA form to the South Atlantic Division, Division Office at the Following address
Mr Michael F Bell, Admimstratrve Appeal Review Officer
CESAD ET -CO -R
U S Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is
complete that it meets the criteria for appeal under 33 CFR part 3315 and that it has been
received by the Division Office within 60 days of the date of the NAP Should you decide to
submit an RFA form, it must be received at the above address by September 13 2007
* *It is not necessary to submit an RFA form to the Division Office if you do not object to
the decision in contained in this correspondence * *
After the permit is authonzed in this office, the original copy will be returned to you, the
duplicate copy will be permanently retained in this office If you have questions, please contact
Iron Beckwith, Regulatory Specialist, Asheville Regulatory Field Office at (828) 271 -7980,
extension 226
Sincerely,
Tom Walker
Chief, Asheville Field Office
Enclosures
Copy furnished w /enclosures
Clear Water Environmental Consultants, Inc
Attention Mr Clement Riddle
718 Oakland Street
Hendersonville, North Carolina 28791

DEPARTMENT OF THE ARMY PERMIT
Permittee Lonesome Valley Development, LLC
Permit No 200700110
Issumg Office CESAW -RG -A
NOTE The term you and its derivatives as used in this permit means the permittee or any future transferee The term this
office' refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer
You are authorized to perform work in accordance with the terms and conditions specified below
Project Description to impact waters of the United States (U S ) in order to construct Phase H of the Lonesome Valley
Development, a residential community with associated amenities, in Jackson County, North Carolina The entire
project (the previously permitted Phase I and the current proposal for Phase II), will impact waters of the United States
as follows (1) permanently impact 592 linear feet of streams for road construction (Phases I and II), (2) temporarily
impact 330 linear feet of streams for culvert replacement and 75 linear feet of streams for bank stabilization (both in
Phase 1), (3) permanently impact 0 047 acre of wetland for pond construction (Phase I), and road construction (Phase
II), and impact 570 linear feet of stream for on site stream restoration (to be used as part of the mitigation plan for the
project) Phase I of the development was previously permitted by Nationwide Permit (NWP) (file number 200531949)
in July 2005 and the impacts have occurred This NWP authorized permanent impacts (culverting) to 146 linear feet of
streams for road access (actual impact of 148 linear feet), permanent impacts (filling) to 0 02 acre of wetlands for pond
construction/expansions (actual impact of 0 034 acre), and stabilization of 75 linear feet of eroding bank of Logan
Creek. Temporary impacts were also authorized for 4 utility crossings of Logan Creek. While these previous impacts
(Phase 1) are mcluded m the total project impact calculations (listed above) the uermittee is authorized under this
Permit, to permanently im act 444 linear feet of Perennial and intermittent streams 0 053 acre 0 013 acre of wetland
and 570 linear feet of stream for on site stream restoration this work will complete Phase 11 of the development.
Project Location. near Caslners, Jackson County, North Carolma
Permit Conditions
General Conditions
1 The time limit for completing the work authorized ends on July 16, 2012 If you find that you need more tune to
complete the authorized activity submit your request for a time extension to tlus office for consideration at least one month
before the above date is reached
2 You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit You are not relieved of this requirement if you abandon the permitted activity although you may
make a good faith transfer to a third party in compliance with General Condition 4 below Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer you must obtain a modification of this
permit from this office which may require restoration of the area.
3 If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found We will initiate the Federal and state coordination
required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places
ENG FORM 1721 Nov 86 EDITION OF SEP 82 IS OBSOLETE (33 CFR 325 (Appendix A))

4 If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization
5 If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit For your convenience a copy of the certification is attached if it
contains such conditions
6 You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your penmu
Special Conditions
SEE ATTACHED SPECIAL CONDITIONS
Further Information
1 Congressional Authorities You have been authorized to undertake the activity described above pursuant to
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U S C 403)
(X) Section 404 of the Clean Water Act (33 U S C 1344)
( ) Section 103 of the Marine Protection Research and Sanctuaries Act of 1972 (33 U S C 1413)
2 Limits of this authorization
a. This permit does not obviate the need to obtain other Federal state or local authorizations required by law
b This permit does not grant any property rights or exclusive privileges
c This permit does not authorize any mlury to the property or rights of others
d This permit does not authorize interference with any existing or proposed Federal project.
3 Limits of Federal Liability In issumg this permit, the Federal Goverment does not assume any liability for the following
a Damages to the permitted project or uses thereof as a result of other permitted or unpernutted activities or from natural
causes
b Damages to the permitted projector uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest
c Damages to persons property or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit
d Design or construction deficiencies associated with the permitted work
2

e Damage claims associated with any future modification suspension or revocation of this permit
4 Reliance on Applicants Data The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided
5 Reevaluation of Permit Decision This office may reevaluate its decision on this permit at any time the circumstances
warrant Circumstances that could require a reevaluation include but are not limited to the following
a You fail to comply with the terns and conditions of this permit
b The information provided by you in support of your permit application proves to have been false incomplete or
inaccurate (See 4 above)
c Significant new information surfaces which this office did not consider in reaching the original public interest decision
Such a reevaluation may result m a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325 7 or enforcement procedures such as those contained in 33 CFR 326 4 and 326 5 The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the mitiation of legal action where appropriate You will be required to pay for any
corrective measures ordered by this office and if you fail to comply with such directive this office may in certain situations
(such as those specified in 33 CFR 209 170) accomplish the corrective measures by contract or otherwise and bill you for the
cost
6 Extensions General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit
Your signature below as permittee indicates that you accept and agree to comply with the terms and conditions of this permit
(PERMITTEE)
LONESOME VALLEY DEVELOPMENT, LLC
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army has signed below
(DISTRICT COMMANDER) JOHN E PULLIAM, JR, COLONEL
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred the terms and
conditions of this permit will continue to be binding on the new owners) of the property To vandate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions have the transferee sign and date below
(TRANSFEREE)
(DATE)
3 us R&n1NG OFFICE 198 7717 -425

Mr Shane Robichaud
Lonesome Valley Development LLC
94 Lonesome Valley Road
Cashiers NC 28717
Michael F Easley Governor
William G Ross Jr Secretary
North Carolina Department of Environment and Natural Resources
April 17, 2008
Coleen H Sullins Director
Division of Water Quality
Re Lonesome Valley, Jackson County
DWQ #20061944 USACE Action ID No 2007 00110 350
Logan Creek [031302 4 -13 -3 C TR]
APPROVAL of 401 Water Quality Certification - MODIFICATION
Dear Mr Robichaud
Attached hereto is a copy of Certification No 3616 issued to Mr Shane Robichaud of the
Lonesome Valley Development, LLC dated April 17 2008 This Certification replaces the
Certification issued to you on February 23, 2007 In addition you should get any other
federal, state or local permits before you go ahead with your protect 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
Coleen H Sullins
CHS /cbk/ym
Attachments Certificate of Completion
cc Becky Fox, EPA, 1307 Firefly Road Whittler NC 28789
U S Army Corps of Engineers Asheville Regulatory Field Office Wilmington District, USACOE
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Clement Riddle, Clear Water Environmental Consultants, Inc , 718 Oakland Street,
Hendersonville, NC 28791
Filename 061944ver2LonesomeValley (Jackson)401_IC MOD
ip
401 Oversight/Express Review Permits Unit t NatJ{rQ1/5/
1650 Mall Service Center Raleigh North Carolina 276991650
2321 Crabtree Boulevard Suite 250 Raleigh North Carolina 27604
Phone [phone] FAX [phone] / Internet htta / /h2o enr state nc us /ncwetlands

Shane Robichaud and Lonesome Valley Development LLC
Page 2 of 7
April 17 2008
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 Shane Robichaud of the
Lonesome Valley Development, LLC to fill 0 013 acres of wetland and 444 linear feet of
perennial stream in the Savannah River Basin associated with the construction of the Lonesome
Valley residential development located on the north side of Highway 64, near Cashiers, Jackson
County, North Carolina, pursuant to an application filed on the 19th day of December of 2006, and
received by the DWQ on January 29, 2007 and by Public Notice issued by the U S Army Corps
of Engineers on January 25 2007, and received by the DWQ on January 29 2007, with additional
information received from you on October 17, 2007 and March 24, 2008
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 protect 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
404/Wetland
0 013 acres
Application and Public Notice
Stream perennial
444 linear feet
Application and Public Notice

Shane Robichaud and Lonesome Valley Development LLC
Page 3 of 7
April 17 2008
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 404/40 1 Permit 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 wrtlun six
months of the date that the Division of Land Resources has released the protect,
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 warring fencing (or similar lugh 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

Shane Robichaud and Lonesome Valley Development LLC
Page 4 of 7
April 17 2008
Continuing Compliance
Mr Shane Robichaud and the Lonesome Valley Development 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 Shane Robichaud and /or the Lonesome Valley Development, 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 Shane Robichaud and/or
the Lonesome Valley Development, 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,
Mitigation
8 Compensatory Mitigation Using Onsite Restoration and Preservation
Mitigation must be provided for the proposed impacts According to your conceptual
mitigation plan, referenced on page 3 of the Public Notice issued by the U S Army Corps of
Engineers on January 25, 2007, and received by the DWQ on January 29, 2007, you will be
restoring 5701mear feet of onsite perennial stream, preserving 37,891 linear feet of perenrual
stream with a minimum 25 foot buffer, and preserving 0 587 acres of wetland with a
minimum 25 -foot buffer On February 7, 2008, the DWQ received your final proposed
mitigation plan for this project The DWQ approves your final proposed mitigation plan for
this project
9 Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometnc Turbidity Units) shall not be exceeded as
described in 15 A NCAC 2B 0200 Appropriate sediment and erosion control practices must
be used to meet this standard Shuld there be a violation of the turbidity standard, all work
shall cease until such a point the measures are implemented to protect surface waters form
further violations
10 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

Shane Robichaud and Lonesome Valley Development LLC
Page 5 of 7
April 17 2008
covered by this permit [applicable to construction protects 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 may be found at
http //h2o enr state nc us /su/Forms Documents htm
11 Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact These mechanisms shall be put in place at the time lots or
properties are recorded A sample deed notification can be downloaded from the
401/Wetlands Unit web site at http //h2o enr state nc us /ncwetlands The text of the sample
deed notification may be modified as appropriate to suit to this project
12 Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned to the
original grade, including each stream s original cross sectional dimensions, planform pattern
and longitudinal bed and bed profile after construction is complete or within 6 months of the
establishment of the crossing, which ever 2s sooner, and the various sites shall be stabilized
with natural woody vegetation (except for the maintenance areas of permanent utility
crossings) and restored to prevent erosion If the crossmgs are not completely
removed and restored as described above within the specified time above additional written
approval from this Office must be obtained to modify this condition
13 Culvert Installation
All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP
measures from the most current version of NCDOT Construction and Maintenance Activities
manual (http / /www ncdot or /dg oh/operations/BMP manual /download/BMP Manual pdD
such as sandbags, rock berms cofferdams and other diversion structures shall be used to prevent
excavation in flowing water
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) must be maintained above and below locations of each
culvert Culverts shall be designed and installed to allow for aquatic life movement as well as
to prevent head cutting of the streams If any of the existing pipes are or become perched the
appropriate stream grade shall be re established or, if the pipes installed in a perched manner,
the pipes shall be removed and re installed correctly
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

Shane Robichaud and Lonesome Valley Development LLC
Page 6 of 7
April 17 2048
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
14 Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the streambank
associated with any land disturbing activity, repair, replacement and/or maintenance must be
done in a manner consistent with the Guidelines for Riparian Buffer Restoration immediately
following construction (Please see attached )
15 Culverts that are less than 48 inches in diameter should be installed with 20% of the diameter
of the culvert placed below the level of the stream bottom to allow the accumulation of
stream bed materials 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 (1 a thalweg) Partial burial of culverts in this manner
also may require increasing their size to accommodate flow requirements
16 If concrete is used during construction (e g , headwalls), a dry work area must be maintained
to prevent direct contact between curing concrete and stream water Water that inadvertently
contacts live concrete should not be discharged to surface waters due to the potential for
water chemistry change and a fish kill
17 Rock, sand, or other materials shall not be dredged from the stream channels except in the
immediate vicinity of the crossings Instream dredging has severe effects on aquatic life and
disturbance of the natural form of the channel can cause downstream erosion problems The
natural dimension, pattern, and profile of the channels adjacent to the crossmgs shall not be
modified by widening or changing their depths
18 Sandbags, flexible pipe, or other diversion structures should be used to avoid excavation in
flowing water Materials used for flow diversions should be removed from the streambed
after completing the construction work Any diversion channels must be fined with fabric
and/or rock
19 Any rip -rap placed for inlet or outlet stabilization should be clean and limited to the stream
bank below the lugh water mark and vegetation should be used above Rip rap must not be
placed in stream channels in a manner that obstructs fish passage
20 All crossings should be constructed as close to perpendicular to the stream channels as
possible to minimize stream and buffer disturbance Road and utility alignments should be
set back as far as possible from stream channels to minimize sedimentation and buffer
disturbance
21 Riparian vegetation, especially trees and shrubs, should be preserved as much as possible
Native woody vegetation (e g , rhododendron dog hobble, silky dogwood sycamore river
birch red maple) should be reestablished upstream and downstream of the stream crossings if

Shane Robichaud and Lonesome Valley Development LLC
Page 7 of 7
April 17 2008
it is removed during construction to provide bank stability and shading We encourage the
use of native plants that must be removed from permanently disturbed areas
22 All mechanized equipment operated near surface waters should be inspected and maintained
regularly to prevent contamination of stream waters from fuels lubricants, hydraulic fluids or
other toxic materials
23 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or
adjacent to surface waters is prohibited
24 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 Unit
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 adludicatory 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,
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 17`h day of April 8
DIVI ON O W E ALITY
Coleen H Sullins
3616
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QED
WILLIAM G. LAPSLEY
& ASSOCIATES
P.A.
LONESOME VALLEY
a,
MITIGATION & BUFFER
MAP
JACKSON COUNTY
CONSULTING ENGINEERS
& LAND PLANNERS
�.,.
2011 UPDATE
CASHIERS, NORTH CAROLINA
ASHEVILLE,
NORTH
CAROLINA