20130909 Ver 1_401 Application_20130813

E N G I N E E R I N G & H Y D R O G E O L O G Y
231 HAYWOOD STREET. ASHEVILLE, NC 28801
TEL.[phone] FAC.828.281.3351
WWW.A LTA MONTCNVIRONMENTAL.COM
August 23, 2013
North Carolina Division of Water Resources
1650 Mail Service Center
Raleigh, NC 27699 -1650
Subject: After - the -Fact Permit Application —NWP 29
Response to Notice of Violation and Recommendation for
Enforcement (NOV- 2013 -PC -0129) for the Mountain Heritage
Preserve Located in Jackson County, North Carolina
20130909
Attached are five copies of the permit application for the above - referenced project and a check for $240.00
for the permit fee. One copy of the permit application has been sent to the Asheville Army Corps of
Engineers office and to North Carolina Wildlife Resource Commission Mountain Region Coordinator. Ms.
Susan Wilson with the North Carolina Division of Water Resources in the Asheville regional office has been
the primary contact person this project.
The permit package includes the Pre - Construction Notification form, agent authorization form, representative
photographs, a site location map, and an updated Development Plat.
We appreciate your assistance with this project. Please do not hesitate to contact me at 828.712.9194 if
you have any questions or need additional information.
Sincerely,
ALTAMONT ENVIRONMENTAL, INC.
Zan Price, P.E.
Cc: Dr. Suresh Raja, MHLH
Enclosures: After - the -Fact Permit Application
[r M_.
AUG 262013
P: \Mountain Heritage Preserve \PCN \Final Permit Package \PCN Cover Letter DWR 082313.Docx

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201 30909
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form a! PAZ urm
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
[]Yes Q No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular Q Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes Q No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes Q No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑ Yes Q No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2. Project Information
2a. Name of project:
Mountain Heritage Preserve - After - the -Fact Permit
2b. County:
Jackson County
2c. Nearest municipality / town:
Dillsboro
2d. Subdivision name:
Mountain Heritage Preserve
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Mountain Heritage Land Holdings, LLC L9 H
3b. Deed Book and Page No.
Book: 1164 Page No.: 140
3c. Responsible Party (for LLC if
applicable):
Dr. Suresh Raja 2 6 2013
I L!
3d. Street address:
11104 Green Bayberry Drive
3e. City, state, zip:
Palm Beach Gardens, Florida 33418 �'^�
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
sureshrajamd @hotmail.com
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Zan Price, PE
5b. Business name
(if applicable):
Altamont Environmental, Inc.
5c. Street address:
231 Haywood Street
5d. City, state, zip:
Asheville, North Carolina, 28801
5e. Telephone no.:
828- 281 -3350
5f. Fax no.:
828 - 281 -3351
5g. Email address:
zprice @altamontenvironmental.com
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
See Attachment A
1 b. Site coordinates (in decimal degrees):
Latitude: 35.39268 Longitude: -83.24384
1c. Property size:
182 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Bart Cove Creek
2b. Water Quality Classification of nearest receiving water:
Class C
2c. River basin:
Little Tennessee River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
See Figures 1 and 2, Attached Representative Photographs, Attachment B, and the updated development plat for Mountain Heritage Preserve.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,200
3d. Explain the purpose of the proposed project:
See Attachment B.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment B.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes 0 No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project?
❑ Yes 0 No
6b. If yes, explain.
Page 3of10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
-
,
W2
W3
W4
W5
W6
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert 1
Unnamed Trib
PER
Corps
4
52
S2 P
Culvert 2A
Bart Cove Creek
PER
Corps
6
44
S3 P
Culvert 2B
Bart Cove Creek
PER
Corps
6
41
S4 -
S5 -
S6 -
3h. Total stream and tributary impacts
137
3i. Comments:
Culverts 3, 4, 5, 6, and 7 and pond dam to be removed Inlet and outlet areas of Culvert 2A and 2B to be stabilized
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
02
03
04
4f. Total open water impacts
4g. Comments:
6. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
P2
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
61
B2
B3
B4
B5
B6
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The impacts are already in place since this is an After - the -Fad permit application
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See Attachment B
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes Q No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Usina a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested-
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes Q No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes Q No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2
2b. Does this project require a Stormwater Management Plan?
❑ Yes 0 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
After- the -Fact permit
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Jackson County
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
❑ Phase 11
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑Yes ❑X No
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006 -246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal /stateBocal) funds or the
❑ Yes Q No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑X Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after- the -fact permit application?
❑X Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
See Attachment B
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑x Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Phone call w/ Bryan Tompkins (FWS) on 8/22113. He indicated the only potential concern was Indiana Bat habitat. From our visual inspection it does
not appear that Indiana Bat habitat (White Oak, Shag Bark Tree, etc.) exists near the work areas. We will follow up with Bryan prior to construction.
S. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http: //www. habitat. noaa .gov / protection /efhlefhmapperfiindex.html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
Yes Ox No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
http: / /gis.ncdcr.gov/hpoweb/ http: /twww.hpo.ncdcr.gov
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes Q No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
http: / /www.ncfloodmaps.com
Zan Price, PE
z5z� f-"4�
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

AUG /20 /2013 /TUE 11:36 AM Dr Goldhaber MD FAX No.561-734 -9343 P.002/002
STREET ADDRESS: _ Mountain H rltage Preserve, Dillsboro NC
Please print: '
Property Owner: mountain Hedoge Land Wings, LLC `
Property Owner: Dr. Suresh Wa
I
The undersigned, registered property owners of the above noted propertly, do hereby authorize
Zan Price , of Altamont Environmental. I�c
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, iss�ance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property owner's Address (if different than property above):
H104 Green ftLherjy Drive PaIW Beach Gardens FL 33418 .
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Aggcv'; �
Authorized Signature
Authorized Sigttatu� .
Date: /S Date:
I
Received Time Aug.20. 2013 12:32PM No-6292

Attachment A.
B 1a. Property identification no. (tax PIN or parcel ID):
The Mountain Heritage Preserve is approximately 182 acres and comprised of 77 parcels with
the following Jackson County PINs:
7632 -55 -2182
7632 -52 -2862 7632 -43 -4310
7632 -55 -0828
7632 -64 -2369
7632 -44 -7106
7632 -54 -8364
7632 -55 -5301
7632 -64 -0258
7632 -52 -2862
7632 -64 -4738
7632 -55 -9269
7632 -52 -2862
7632 -55 -4558
7632 -45 -9534
7632 -42 -4570
7632 -42 -9588
7632 -52 -2862
7632 -55 -5834
7632 -66 -2856
7632 -67 -5012
7632 -54 -8498
7632 -64 -1710
7632 -43 -4056
7632 -56 -4271
7632 -56 -1247
7632 -66 -2304
7632 -53 -6580
7632 -54 -7262
7632 -54 -6385
7632 -54 -3385
7632 -54 -4819
7632 -65 -6384
7632 -65 -8529
7632 -55 -2927
7632 -65 -5935
7632 -52 -2862
7632 -54 -4178
7632 -53 -3837
7632 -54 -3429
7632 -43 -6098
7632 -43 -8460
7632 -53 -2478
7632 -66 -7118
7632 -56 -8206
7632 -42 -5161
7632 -52 -1341
7632 -53 -1865
7632 -56 -3462
7632 -56 -6538
7632 -55 -4741
7632 -44 -8041
7632 -65 -3342
7632 -55 -9966
7632 -56 -1559
7632 -64 -0715
7632 -52 -2862
7632 -52 -2862
7632 -42 -5316
7632 -52 -0042
7632 -54 -5699
7632 -65 -0571
7632 -56 -5074
7632 -66 -2680
7632 -54 -8122
7632 -42 -6830
7632 -43 -5708
7632 -45 -9155
7632 -54 -0628
7632 -65 -6002
7632 -42 -8346
7632 -65 -3685
7632 -65 -8807
7632 -54 -8599
7632 -54 -5475
7632 -53 -8655
7632 -42 -6632

I - -'s
Attachment B.
B 3a. Describe the existing conditions on the site and the general land use in the vicinity
of the project at the time of this application:
The Mountain Heritage Preserve site consists of moderately to steeply sloped terrain. The
headwaters of Bart Cove Creek (tributary of Scott's Creek) originate on the site and flow
southward through the property. Roads, utilities, a small pond, and drainage infrastructure were
constructed on the property approximately 10 years ago for a low- density residential
development. Prior to construction, the developer obtained an Erosion and Sedimentation
Control permit from Jackson County but failed to obtain the proper 401/404 permits from the
North Carolina Division of Water Quality (DWQ) and the United States Army USACE of
Engineers ( USACE) for culvert and pond impacts to jurisdictional streams. The USACE issued
Mountain Heritage Land Holdings, LLC (MHLH) a Notification of Unauthorized Activity /Permit
Noncompliance (Action ID 2013 - 00244) on March 7, 2013. The DWQ issued a Notice of
Violation and Recommendation for Enforcement (NOV- 2013 -PC -0129) on April 23, 2013.
Additionally, a large landslide occurred on the subject property in January 2013. The landslide
resulted in sediment impacts to an undetermined length of Bart Cove Creek. As of the date of
this permit, the property owner is waiting to hear if funding will be available to help stabilize the
slide area and associated impacts through the Emergency Watershed Protection (EWP)
program with the National Resource Conservation Service (NRCS).
B 3d. Explain the purpose of the proposed project:
The original purpose of the Mountain Heritage Preserve was to develop lots for a low- density
residential development. The purpose of this permit application is for After - the -Fact permitting
of unauthorized culvert impacts within the development that will remain in place. See the
attached Development Plat for Mountain Heritage Preserve.
Culvert impacts (Culverts 1, 2A, 2B) will remain in place since they are needed to access
existing homes built within the development. Repairs will be made to Culvert 2A and 2B once
EWP funding appropriations are determined.
Culvert impacts (Culverts 3, 4, 5, 6, and 7) and pond impacts will be removed from the site. A
full restoration plan and schedule will be submitted to the USACE and DWQ once the EWP
funding appropriations are determined for the landslide impacts. Removing the culverts prior to
the landslide area restoration /stabilization project would affect access to areas impacted by the
landslide.
B 3e. Describe the overall project in detail, including the type of equipment to be used:
Culverts 1, 2A, and 2B will remain in place. Culverts 2A and 2B were impacted by sediment
deposition during the landslide. The inlet areas and outlet areas of these culverts will be
stabilized during the landslide area restoration.
Culverts 3, 4, 5, 6, and 7 and pond impacts will be removed from the site. As stated above, a
full restoration plan and schedule will be submitted to the USACE and DWQ once the EWP
funding options are determined for the landslide impacts.

The restoration plan for culvert removal shall include the following:
• Pump around the stream baseflow so work can be completed in the dry to minimize
sedimentation impacts downstream.
• Remove culverts with tracked excavator.
• Slope back road fill banks to a stable 3:1 slope.
• Install boulder step structures to stabilize channel bed. Elevation drop over the
structures will depend on the existing channel slope.
• Install temporary seed, permanent riparian seed, straw mulch, and coir matting on
graded streambanks.
• Install native woody riparian vegetation along graded portions of the channel.
The restoration plan for the pond dam removal shall include the following:
• Pump around the stream baseflow so work can be completed in the dry to minimize
sedimentation impacts downstream
• Remove accumulated sediment from the ponded area. Dispose and stabilize sediment
in a stable upland area.
• Remove the 10 -foot boulder dam structure.
• Grade a stable channel along the presumed alignment of the original stream, matching
stable channel dimensions upstream of the pond.
• Stabilize the channel bed with existing stream cobble and boulder step structures.
• Install temporary seed, permanent riparian seed, straw mulch, and coir matting on
graded streambanks.
• Install native woody riparian vegetation along graded portions of the channel.
Equipment used to accomplish the restoration work will include track - mounted excavators
equipped with buckets and hydraulic thumbs, various -sized track and rubber -tired loaders, and
dump trucks to transport and stockpile materials.
D 1b. Specifically describe measures taken to avoid or minimize the proposed impacts
through construction techniques.
During the restoration phase of the project, Altamont will provide contractors both written and
verbal on -site instruction of all impact- avoidance statements provided below. Streamflow shall
be pumped around the work areas. All heavy equipment will be kept out of the stream channel
during streambank stabilization work to the extent practicable. Disturbance of the channel
bottom, streambanks, and equipment access areas will be held to the minimum extent
necessary to allow for completion of the bank stabilization work. Work will generally be
conducted in an upstream -to- downstream direction. Work will be completed in stages such that
segments of the project will be completed and stabilized, on a daily basis. Temporary
grass /grain cover will be planted on all bare soil within 1 day after ground- disturbing activities
are completed. Tall fescue or other exotic grasses or plants will not be used in riparian areas.
Herbaceous, woody shrub, and tree vegetation will be installed during an appropriate time of
year on the primary floodplain and streambanks upon completion of bank stabilization work.
Altamont will provide a site manager to inspect and supervise contractor work on a daily basis to
help ensure that impact- avoidance instructions are being followed. Sediment and erosion -
control measures will be used at all disturbed areas and will be maintained in order to keep
sediment and sediment -laden stormwater out of streams.

+ `,-
F 2c. If you answered "yes" to one or both of the above questions, provide an
explanation of the violation(s):
Violations issued on April 23, 2013. NOV- 2013 -PC -0129
I. Stream Standard Violation —Other Waste (In- Stream Sediment) 15A North Carolina
Administrative Code (NCAC) 028.0211 (3)f: This violation is from sediment impacts to
Baits Cove Creek from the landslide in January 2013.
II. Removal of Best Usage -15A NCAC 028.0211 (2): An underdetermined length of
tributaries to Scott's Creek were impacted by culverts.
III. Failure to Secure a 401 Water Quality Certification (WQC)
This After - the -Fact Permit is being submitted to address Violations II and III above, which
represent the impacts of installing culverts and pond without the proper 401/404 permits.
According to the property owner, he did not intentionally construct these impacts without the
proper authorization from the USACE and the DWQ. In 2002, the property owner was under the
impression that an approved Erosion and Sedimentation Control Plan from Jackson County was
the only permit needed for the development.
Violation I will be addressed once the property owner is notified about EWP funding from the
NRCS.

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HYDROLOGY
MOUNTAIN HERITAGE PROPERTY
DATA SOURCES
PARCELS: JACKSON COUNTY GIS 2011
HYDROLOGY: U.S. GEOLOGIC SURVEY 2007
TOPOGRAPHY: U.S. DEPARTMENT OF AGRICULTURE,
NATURAL RESOURCES CONSERVATION SERVICE 2007
SITE MAP FIGURE
E xG EN E ERING & H Y 0 ROGEOLOGY
231 HAYWOOD STREET. ASHEVILLF. NC 28801
TEL 828,281 3350 FAC. 628.281. 3351 I
Y :YaY+.��r�rowrawvlwowr.r MOUNTAIN HERITAGE PRESERVE 1
DRAWN BY: NATALIE BOUCHARD JACKSON COUNTY, NORTH CAROLINA
PROJECT MANAGER: ZAN PRICE SCALE
Feet
CLIENT: MOUNTAIN HERITAGE PRESERVE 0 x,000 2'000
DATE: 0410312013 P: \MOUNTAIN HERITAGE PRESERVE \FIGURES

Representative Photographs of Existing Impacts to Jurisdictional Waters Photos Taken: 05/21/13
Dillsboro, NC, Mountain Heritage Land Holdings, LLC Page 1
Photograph 1: View of Culvert 1 inlet
Photograph 2: View of Culvert 2A inlet. Inlet and outlet areas to be stabilized during landslide area repair.
P: \Mountain Heritage Preserve \PCN \Representative Photographs.Docx

Representative Photographs of Existing Impacts to Jurisdictional Waters Photos Taken: 05/21/13
Dillsboro, INC, Mountain Heritage Land Holdings, LLC Page 2
Photograph 3: View of existing inlet for Culvert 2B. Inlet and outlet areas to be stabilized during landslide
area repair.
Photograph 4: View of Culvert 3 inlet (culvert to be removed).
P: \Mountain Heritage Preserve \PCN \Representative Photographs. Docx

Representative Photographs of Existing Impacts to Jurisdictional Waters Photos Taken: 05/21/13
Dillsboro, NC, Mountain Heritage Land Holdings, LLC Page 3
Photograph 5: View of Culvert 4 inlet (culvert to be removed).
Photograph 6: View of Culvert 5 outlet
(culvert to be removed).
P: \Mountain Heritage Preserve \PCN \Representative Photographs.Dom

Representative Photographs of Existing Impacts to Jurisdictional Waters Photos Taken: 05/21/13
Dillsboro, NC, Mountain Heritage Land Holdings, LLC Page 4
Photograph 7: View of Culvert 6 inlet (culvert to be removed).
Photograph 8: View of Culvert 7 inlet (culvert to be removed).
P: \Mountain Heritage Preserve \PCN \Representative Photographs. Docx

It
Representative Photographs of Existing Impacts to Jurisdictional Waters Photos Taken: 05/21/13
Dillsboro, NC, Mountain Heritage Land Holdings, LLC Page 5
Photograph 9: View of ponded water area facing upstream
Photograph 10: Typical view of pond facing downstream
P: \Mountain Heritage Preserve \PCN \Representative Photographs.Docx

Representative Photographs of Existing Impacts to Jurisdictional Waters Photos Taken: 05/21/13
Dillsboro, NC, Mountain Heritage Land Holdings, LLC Page 6