20061313 Ver 2_401 Application_20070607

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June 6, 2007
USACE
Attn: Mr. Monte Matthews
6508 Falls of the Neuse Rond, Suite 120
Raleigh, North Carolina 27615
Re: Chestnut Mountain Farms
Wilkes County, North Carolina
USACE Action ID: 200520189
Mr. Matthews:
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On March 8th, 2007 we received from DWQ the approval of the 401 Water Quality Certification
for the construction of a pond (DWQ# 20061313 copy attached). Impacts associated with the
construction of the pond were to total 1,287 linear feet of channel, 212 of which were to be filled
by the footprint of the dam, and 0.18 acres of wetlands. Since that date decisions have been made
to forgo the building of the pond and instead construct o single road crossing at the same location
of the previously proposed dam.
Upon the construction of the road crossing impacts from fill would be significantly reduced from
212 linear feet to approximately 130 linear feet, and would not impact any wetlands. Impacts
related to the 130 linear feet of fill should not require mitigation.
Keeping the road crossing in the same location as the previously proposed dam greatly reduces the
amount of fill material needed to create the appropriate grade for the approach of the road. This
will considerably reduce the chance of having an unnecessary amount of sediment draining into the
stream during n Inrge storm event.
Project History
On January 18, 2006 Mr. John Thomas of your office issued a Nationwide Permit 39 for the
permanent impacts to 347 linear feet of intermittent unimportant channel (Action ID: 200620233).
The impacts were associated with construction of a small aesthetics pond located on the site.
In August of 2006 the project was put under a Notice of Violation for the release of a large
amount of sediment from the blowout of several Inrge sediment basins. Since that time, with many
Canton Office Sparta Office Newton Office
PO Box 882 1 15 Atwood Street Ste. 407 PO Box 224
Canton, NC 28716 Sparta, NC 28675 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax

man-hours of work, the issue has been resolved and the sediment has been removed. Measures
have been put in place to insure such an unfortunate accident does not happen again.
Attached with this application are a PCN form, Agent Authorization, USGS, impact sketch maps,
sediment erosion control plan, upland and wetland data forms, soil survey, and 401 Water Quality
Certification DWQ# 20061313. If you have any question regarding please do not hesitate to call.
Best regards,
Matt Blackburn
828-302-2373
Canton Office Sparta Office Newton Office
PO Box 882 1 15 Atwood Street Ste. 307 PO Box 224
Canton, NC 28716 Sparta, NC 28675 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax

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Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information ®,~~~ ~,,~~~~?
1. Owner/Applicant Information ~ ~~ N l ~ Z 00
Name: Towi A Wi Plantation, LLC
Mailin Address: 9995 Gate Parkwa ,Suite 400, Jacksonville, FL 32246 oEivh ~ ~~~~ _~-, ~+~~+~~Tv
g Y W~TLt1NR,q A,~D STnR~F1FY4T1:R BRANCH
Telephone Number: 904-996-8798 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: 115 Atwood Street, Suite 407
Sparta, NC 28675
Telephone Number: Fax Number: 336-372-8135
E-mail Address: wnrinc(a,aol.com
III. Project Information v
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Page 1 of 8

boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Chestnut Mountain Farms
2. T.LP. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 3953-81-1858
4. Location
County: Wilkes Nearest Town: Dehart
Subdivision name (include phase/lot number):n/a
Directions to site (include road numbers/names, landmarks, etc.):From Dehart, head
southwest on Dehart Church Rd. Turn right on Cane Creek Church Rd. Site is on left.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.3058°N 81.1820°W
6. Property size (acres): +/- 700 acres
7. Name of nearest receiving body of water: UT to Mulberry Creek
8. River Basin: Yadkin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is approximately 90% forested and 10% open fields.
Road construction on parts of the site is currently underway.
Describe the overall project in detail, including the type of equipment to be used: Heavy
equipment such as backhoes excavators, bulldozers, etc. will be used to install the culvert
and fill needed to gain access to the remainder of the site.
Explain the purpose of the proposed work: The purpose of the proposed culvert installation is
to gain access to high ground and the remainder of the site.
Page 2 of 8

IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. On January 18, 2006, Towi A Wi Plantation, LLC received a Nationwide
Permit 39 (Action ID 200620233, DWQ# 06-0173) for 347 feet of impacts for the construction
of a pond. On March 8, 2007 Towi-a-wi Plantation, LLC received the 401 Water Quality
Certification for the construction of a previousl~pro~osed pond in the same location of this road
crossin (g_DWQ# 200613132
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
n/a
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Impacts will result from the installation of
a culvert .Heavy equipment will be used to place the necessary culvert and fill. As a result of
road construction constraints and approach ankles, the 72in. culvert will need 25ft of cover.
Because of the amount of cover needed and side slope requirements, 130 linear feet of impacts
are necessary to gain access to high ground, which includes 100 ft of pipe and 30 ft of riprap.
1. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Type of [mpact Type of Wetland Located within Distance to Area of
Site Number (e.g., forested, marsh, 100-year Nearest Impact
Page 3 of 8

(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
Total Wetland Impact (acres) n/a
2. List the total acreage (estimated) of all existing wetlands on the property:
3. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
Impact 1 UT Culvert Perennial 6 100 0.014
Impact 1 UT Riprap Perennial 6 30 0.004

Total Stream Impact (by length and acreage) 130 0.018
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number

(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,

ocean, etc.) Area of
Impact

(acres)
n/a

Total Open Water Impact (acres)
Page 4 of 8

5. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.018
Wetland Impact (acres): o
Open Water Impact (acres): o
Total Impact to Waters of the U.S. (acres) 0.018
Total Stream Impact (linear feet): ~ 30
6. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
7. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.Throughout the rest of the site,
roads were placed to avoid impacts to streams. Because of the spatial relationship between the
property line and the channel, Impact 1 is necessary to gain access to high ground. As a result of
road construction constraints and approach angles, the 72in. culvert will need 25ft of cover.
Because of the amount of cover needed and side slope requirements, 1301inear feet of impacts
are necessarygain access to high ground. Impact 1 includes 100 ft of pipe and 30 ft of ripra~
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Page 5 of 8

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc. us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
n/a
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount ofNon-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feet) Miti anon
1 n/a 3 (2 for Catawba) n/a
2 n/a 1.5 n/a
Total I n/a n/a
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. n/a
XI. Stormwater (required by DWQ)
Page 7 of 8

Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. n/a
XII. Sewage Disposal (required by DWQ)
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.
n/a
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: n/a
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/a
. U ~'L/I~I~l
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

Name: MC GRADY Location: 036.2893015° N 081.1785912° W
Date: 2/7/2007 Caption: Chestnut Mountain Farms
Scale: 1 inch equals 2000 feet

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600FT
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LN DESIGN FOR:
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CIVIL ENGINEERING AND LAND SURVEYING ROAD ADD
PO BOX 368 MORGANTON
NC 28680 TOWNSFIIP MULBERRY
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828-438-8847 MOBILE [phone] STATE NC JACKSONVILLE, FLORIDA

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project /Site: Chestnut Mountain Farms Date: Apri126, 2006
Applicant /Owner: Towi-A-Wi Plantation, LLC County: Wilkes
Investigator: Huysman, Blackburn State: North Carolina
Do normal circumstances exist on the site? Yes ® No ^ Community ID:upland
Is the site significantly disturbed (Atypical situation)? Yes ^ luo ® Transect ID:
Is the area a potential problem area? Yes ^ No ® Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Liriodendron tulipifera FAC tree 9.
2. Quercus prinus UPL tree 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 50%
Remarks:
HYDROLOGY
^ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
^ Stream, Lake, or Tide Gauge
^ Aerial Photographs Primary Indicators:
^ Other ^ Inundated
^ Saturated in Upper 12"
® No Recorded Data Available ^ Water Marks
^ Drift Lines
Field Observations: ^ Sediment Deposits
^ Drainage Patterns in Wetlands
Depth of Surface Water: (in.) Secondary Indicators:
^ Oxidized Roots Channels in Upper 12"
De th to Free Water in Pit: ,n,
p ~ ) ^Water-Stained Leaves
^ Local Soil Survey Data
Depth to Saturated Soil: (in.) ^FAC-Neutral Test
^ Other (Explain in Remarks)
Remarks: No wetland hydrology indicators.

SOILS
page 2 upland
Map Unit Name
(Series and Phase): Chestnut Drainage Class: Well drained
Taxonomy (Subgroup): Typic D, sets Confirm Mapped Type? Yes ® No ^
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc.
0-12 A lOYR 4/4 /

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: No hydric soil indicators
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ^ No
Wetland Hydrology Present? Yes ^ No
Hydric Soils Present? Yes ^ No
Is the Sampling Point
Within a Wetland? Yes ^ No
Remarks:

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project /Site: Chestnut Mountain Farms Date: April 26, 2006
Applicant /Owner: Towi-A-Wi Plantation, LLC County: Wilkes
Investigator: Huysman, Blackburn State: North Carolina
Do normal circumstances exist on the site? Yes ® Wo ^ Community ID:wetland
Is the site significantly disturbed (Atypical situation)? Yes ^ Wo ® Transect ID:
Is the area a potential problem area? Yes ^ No ® Plot ID:
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Acer rubrum FAC tree 9.
2. Liriodendron tulipifera FAC tree 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks: Wetland plants present.
HYDROLOGY
^ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
^ Stream, Lake, or Tide Gauge
^ Aerial Photographs Primary Indicators:
^ Other ^ Inundated
® Saturated in Upper 12"
® No Recorded Data Available ®Water Marks
® Drift Lines
Field Observations: ^ Sediment Deposits
^ Drainage Patterns in Wetlands
Depth of Surface Water: (in.) Secondary Indicators:
® Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit:~n.) ®Water-Stained Leaves
^ Local Soil Survey Data
Depth to Saturated Soil: 0 (in.) ^FAC-Neutral Test
^ Other (Explain in Remarks)
Remarks: Wetland hydrolo~y present

SOILS
page 2 wetland
Map Unit Name
(Series and Phase): Chestnut Drainage Class: Well drained
Taxonomy (Subgroup): Typic Dystrudepts Confirm Mapped Type? Yes ^ No
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inched Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure. etc.
0-12 A lOYR 5/2 lOYR 3/2 common/distinct 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: Hydric soil indicators present.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ® No ^
Wetland Hydrology Present? Yes ® No ^
Hydric Soils Present? Yes ® No ^
Is the Sampling Point
Within a Wetland? Yes ® No ^
Remarks:

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• • Soil Survey of Wilkes County, North Carolina
Chestnut Mtn
Map Unit Legend Summary
Wilkes County, North Carolina
Map Unit Symbol
ro~•
ChD
ChE
CsD
ErC
EsD
EsE
PcC2
TaD
TcC
Map Unit Name
.Acres in .AOI Percent of AOI
~n n~
percent slopes, very stony
Chestnut-Edneyville complex, 8 13.7
to 25 percent slopes, stony
Chestnut-Edneyville complex, 25
to 60 percent slopes, stony 298.0
Cowee-Saluda complex, 8 to 25 3.0
percent slopes, stony
Evard gravelly sandy loam, 6 to
15 percent slopes 0.1
Evard-Cowee complex, 8 to 25 215.1
percent slopes, stony
Evard-Cowee complex, 25 to 60
percent slopes, stony 385.5
Pacolet sandy clay loam, 8 to 15 0.2
percent slopes, eroded
Tate fine sandy loam, 8 to 25 4.0
percent slopes
Tate-Cullowhee complex, 0 to 25 10.0
percent slopes
1.5
32.0
0.3
0.0
23.1
41.4
0.0
0.4
USDA Natural Resources Web Soil Survey 1.1 9/7/2006
fomen~ation Sen~ice National Cooperative Soil Survcy Page 3 of 3

o~~~ w a r~9Q~
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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
March 8, 2007
Mr. Chris Easterling
Towi-a-wi Plantation, LLC
9995 Gateway Parkway N., Suite 4000
Jacksonville, FL 32246
Re: Towi-a-wi Plantation, LLC: Horse Pasture Pond, Wilkes County
DWQ #20061313; USACE Action ID. No. 200520189
APPROVAL of 401 Water Quality Certification
Dear Mr. Easterling:
Attached hereto is a copy of Certification No. 3623 issued to Mr. Chris Easterling, of the Towi-
a-wi Plantation, LLC, dated March 8, 2007. 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.
AWK/cbk/ijm
Si~cerely,
~~~
~ C~
Alan W. Klimek, P.E.
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, Raleigh Field Office, Wilmington District, USACOE
Daryl Lamb, DWQ Winston-Salem Regional Office
DLR Winston-Salem Regional Office
File Copy
Central Files
Danny Smith, DWQ Compliance and Enforcement Unit
Chris Huysman, WNR, P.O. Box 1492, Sparta, NC 28675
Filename: 061313 HorsePasturePond(W ilkes~0 ] _IC
401 OversighUExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]ntemet: htto~//h2o enr state.nc.us/ncwetlands
No `hCarolina
~atura!!y
An Equal OpportunitylAffirmativeRction Employer - 50% Recycled110% Post Consumer Paper

Towi-a-wi Plantation, LLC
Page 2 of 7
March 8, 2007
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. Chris Easterling of the Towi-a-
wi Plantation, LLC, have permission to fill or otherwise impact 0.18 acres of jurisdictional wetland
and impact 1,287 linear feet of perennial stream (fi112121inear feet of stream and flood 1075
linear feet of stream) in the Yadkin River Basin, to construct the proposed aesthetic pond as a
component of a f700-acre residential development located east of NC 18 and west of Cane Creek
Church Road and Dehart Road, one mile east of Halls Mills in Wilkes County, North Carolina,
pursuant to an application filed on the 6th day of April of 2006, and received by the DWQ on April
12, 2006, and in additional correspondence received May 5, 2006, August 14, 2006, and October
27, 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. Compliance with the conditions listed
below are requirements of this Certification.
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 A roved (Units Plan Location or Reference
404/LAMA Wetlands 0.18 (acres) PN and Construction Plans
Stream 1,287 [(linear feet) fill 212 PN and Construction Plans
linear feet of stream and
flood 1075 linear feet of
stream

Towi-a-wi Plantation, LLC
Page 3 of 7
March 8, 2007
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 iri the 404/401 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. 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;
5. 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.
Continuing Compliance:
Mr. Chris Easterling and the Towi-a-wi Plantation, 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

Towi-a-wi Plantation, LLC
Page 4 of 7
March 8, 2007
accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division
shall notify Mr. Chris Easterling and/or the Towi-a-wi Plantation, 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. Chris Easterling and/or the Towi-a-wi
Plantation, 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:
7. 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 method 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 212 linear feet) Yadkin/03040101
Placement of Culverts:
8. 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.
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.

Towi-a-wi Plantation, LLC
Page 5 of 7
March 8, 2007
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:
9. 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 401 Certification 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;
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 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 may be found at
http •//h2o enr state. nc. us/su/Forms Documents, htm. ;
11. 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.
12. 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

Towi-a-wi Plantation, LLC
Page 6 of 7
March 8, 2007
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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. Hydroseed mixtures and wash-waters must not reach surface waters.
21. Resolution of Outstanding DWQ Notices of Violation
The outstanding DWQ Notices of Violation must be resolved to the satisfaction of the
DWQ before the impacts approved in this Certification may occur.

Towi-a-wi Plantation, LLC
Page 7 of 7
March 8, 2007
22. 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.
23. 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 LAMA 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,
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 8th day of March 2007
DIVISION OF WATER QUALITY
• ~R~~.
~~Alan W. Klimek, P.E.
~~
3623 ~'~
L'
AWK/cbk/ijm

O~O~ W A T ~9pG
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~_ ~
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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
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Chris Easterling of the Towi-a-wi Plantation, LLC, NC have
permission as outlined below to fill or otherwise impact 0.18 acres of jurisdictional wetland and impact 1,287 linear
feet of perennial stream (fill 212 linear feet of stream and flood 1075 linear feet of stream) in the Yadkin River
Basin, to construct the proposed aesthetic pond as a component of a f700-acre residential development located east
of NC 18 and west of Cane Creek Church Road and Dehart Road, one mile east of Halls Mills in Wilkes County,
North Carolina. All activities associated with these authorized impacts must be conducted with the conditions
listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20061313
LOCATION: Near Halls Mills
COUNTY Wilkes
BASIN/ SUB BASIN Yadkin/03040101
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, 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 and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
212 Linear feet of Stream 212 Linear feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval 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
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 061313HorsePasturePond(W ilkes~101_IC_EEP
No°~thCarol~a
401 Oversight/Express Review Permitting Unit atuCall
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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