20071556 Ver 2_401 Application_20140814

CLear Water
C1earWater Environmental Consultants, Inc,
www.cwenv:com
August 12, 2014
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -2638
Ms. Karen Higgins
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: 'Big Ridge
Amazing Grace Properties, LLC
Jackson County, North Carolina
Action ID 2007- 03054; DWR Project #07 -1 -556
Dear Mr. Brown and Ms. Higgins,
The attached After -the -Fact (AFT) Pre - Construction Notification (PCN) i& being
resubmitted on behalf of Amazing Grace Properties, LLC (AGP) represented by Ms.
Roseanne Giordani of The Office, LLC (manager of AGP). The project site, known as
Big Ridge (a portion of which was formerly known as the Mount Wilderness), is located
off US Highway 107 in Tuckasegee,, Jackson County, North Carolina. The applicant is°
seeking a Nationwide ,Permit 29 for unauthorized activities associated with previous
development activities at Mount Wilderness and to provide lot access to three lots that
were sold prior to AGP owning the property.
The NC Division of Water Resources (DWR) issued a Notice of Violation (NOV) for this
site on August 8, 2007 (Attachment A). An ATF permit application was submitted to the
US Army Corps of Engineers (Corps) and DWR on September 10, 2007. The ATF
permit application was returned as incomplete by the DWR on January 16, 2008
(Attachment B). The Corps, issued a Cease and ,Desist Order for this site on May 5, 2008
(Attachment C). To date, additional work at the site has been limited to minimal gravel
road maintenance�and fill slope repair work. The violations remain, unresolved.
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax

Should you have any questions regarding the attached permit application and
supplemental information ,please do not hesitate to contact me at 828 - 698 -9800. A copy
of this package has been sent to Mr. Doug Besler of the NC Wildlife Resources
Commission and Mn Bryan Tompkins of the US Fish and Wildlife Service °for, review. A
copy of this application has also °been submitted to the NC Division of Water Resources,
Asheville Regional Office. Pertinent project information has been sent to Ms. Renee
Gledhill -Early of the NC State Historic Preservation Office for comment.
Respectfully,
Rebekah L. Newton
Project Biologist
g%xatee-t'
F(-R. Clement Riddle, P.W.S
Principal
Copy Furnished:
NC Division ,of Water Resources; Asheville Regional O_ ffice — Tim Fox
NC Wildlife Resources Commission — Doug Besler
US Fish, and Wildlife Service,— Bryan Tompkins

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Big Ridge
2. Name of Property Owner /Applicant: Amazing Grace Properties, LLC; Attn: Ms.
Roseanne Giordani
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent autho=tion needs to be attached
4. Related/previous Action ID numbers(s): 2007 -03054
5. Site Address: US Highway 107
6. Subdivision Name: M6unt Wilderness
7. City: Tuckasegee
8. County: Jackson
9. Lat: 35.236947N Long: - 83.131986W (Decimal Degrees Please)
10. Quadrangle Name: Big Ridge
11. Waterway: UT Tuckasegee River and UT Dickson Creek
12. Watershed: Upper Tennessee 06010203
13. Requested Action:
X Nationwide Permit # 29
_ General Permit #
Jurisdictional Determination Request
Pre- Application Request
The following information will be completed by the Corps, office:
AID:
Prepare File Folder Assign number in ORM 'Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of,Activity/Project Purpose:
Site/Waters Name:
Keywords:

Department of the Army 'NCDENR
Wilmington District, Corps of Engineers NC DWR, Webscape Unit
Attn: Scott McLendon, Chief Regulatory Division Attn: `Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1,890 Raleigh, North Carolina 27604
1, the current landowner /managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of jurisdictional determination requests and permits to impact
Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the
Clean Water Act and /,or Section 10 of the Rivers and Harbors Act of 1,899. CEC is
authorized to provide supplemental information ,a5 needed ,at the request of the USACE
or DWR.
Additionally, 1 authorize representatives of the Wilmington District, US Army Corps of
Engineers to enter upon the property herein described for the purposes of conducting on-
site investigations and issuing a determination associated with Wetlands and Waters of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or
Section 10 of the Rivers and Harbors Act of 1899.
Property Owner of Record: AMAZING GRACE PROPERTIES, LLC
Property Owner,of Address: 100 CONGRESS AVE, STE 1440
AUSTIN,, TX 78701
Phone Number: (512) 323 -0889
Property Location JACKSON COUNTY, N.C.
Owner /Managing Partner MANAGER OF AMAZING
Printed Name: THE OFFICE, LLC, GRACE PROPERTIES, LLC
BY. ROSEANNE GIORDANI
Owner /Managing Partner Signature: _ MANAGER
Date- 3/31/2014
224 South Grove Street; Suite F
Hendersonville NC 28792,
Phone [phone]
www.cwen,v com

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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Co on PCN Form
A. Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d.
Type(s) of approval sought from the DWO (check all that apply):
® 401 Water Quality Certification — Regular ❑ 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 ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Big Ridge (a portion of the site is formerly known as Mount Wilderness)
2b. County:
Jackson
2c.
Nearest municipality / town:
Tuckasegee
2d.
Subdivision name:
Mount Wilderness
2e.
NCDOT only, T.I.P. or state
project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Amazing Grace Properties, LLC
3b.
Deed Book and Page No.
1792/107
3c.
Responsible Party (for LLC if
applicable):
The Office, LLC; Attn: Ms. Roseanne Giordani
3d.
Street address:
100 Congress Ave., Suite 1440
3e.
City, state, zip:
Austin, Texas 78701
3f.
Telephone no.:
512- 323 -0889
3g.
Fax no.:
n/a
3h.
Email address:
n/a
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different,from owner)
4a ,Applicant,is:
❑ Agent ❑ Other, specify:
4b. Name-
4c Business name
(if applicable).
4d. Street address.
4e. City, state, zip.
4f. Telephone no
4g. Fax no -
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
ClearWater Environmental'Consultants, Inc.
5c. Street address.
224 South Grove Street, Suite F
5d. City, state, zip
Hendersonville, North Carolina,28792
5e. Telephone no..
828 -698 -9800
5f. Fax no.:
n/a
5g. Email address:
rebekah @cvrenv.com
Page 2 -of 13
PCN Form — Version 1 3 December 10, 2008 Version

B.
Project Information and Prior Project History
1.
Property Identification
1a
Property identification no. (tax PIN or parcel ID)
7576 -12 -4276
1 b
Site coordinates,(m decimal degrees)
Latitude:, 35 236947 Longitude: - 83.131986
(DD DDDDDD) (- DD.DDDDDD)
1c.
Property size.
+/- 863 acres
2.
Surface Waters
,2a
Name-0of nearest body of water (stream, river, etc.) to
proposed project:
UT Tuckasegee River and, UT Dickson Creek
2b
Water Quality Classification of nearest receiving water:
Tuckasegee — WS -III, B, Tr
Dickson Creek — WS -III
2c.
River basin.
Upper Tennessee - 06010203
Page 3 of 13
PCN Form = Version 1 3 December 10, 2008 Version

3. Project Description
3a- Describe.the existing conditions on thefsite and the general land use in the vicinity of the protect at the time of,this
application.
The majority of the Big Ridge project' site is forested with,existing logging roads Two existing ponds are located on the
west side of the property at the head waters of Dickson Creek Based on review of aerial photographs, it is the opinion of
CEC that these ponds where built between 1,993 and 1998; °these ponds are unrelated to existing impacts at the site The
Big Ridge project sitercontams a -portion of'the abandoned development known as Mount0ilderness Improved gravel
roads in varying degrees of quality are present as afresult of previous development.
3b List the total estimated acreage of all existing wetlands on the property.
Unknown
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Unknown
3d. Explain the purpose of,the proposed, project:
The original purpose (different owner, now bankrupt) of the proposed work was to,provide road access to lots within the,
Mount Wilderness subdivision. The current project purpose is to provide access to three lots on the property,and resolve
outstanding violations at the site Currently, Amazing Grace Properties has no intention of developing the. property as,a,
subdivision
The Mount Wilderness subdivision was never complete; however, lots were sold. Three of the sold lots are located within
and surrounded by property now owned'by Amazing Grace Properties. A total of 11 culverts were installed at the site
associated with the original Mount' Wilderness development�plan Six culverts, (C2, C3, C4, C5, C7, and C8) need to
remain in' place to provide lot access to the 3 sold lots (shown as outparcels on Figure 3). Onesculvert,(C6),needs to
remain in place to, provide access to lots within the old Mount Wilderness subdivision, on property not owned by Amazing
Grace Properties Three culverts (C9, C10, and C11) will be removed One culvert (C1) will be abandoned after the
stream at the entrance is moved to its original location. Remaining culverts at the site will be reduced in.length were
appropriate
The two lots located near culvert C7 are owned by,GV Associates. Taxes are - current on the properties. The third lot,
located on,the north side of the loop road, has been delinquent on taxes since 2012; however„ there is no indication that
the,Countyhas,filed for tax foreclosure or will in the future. Amazing Grace Properties has,chosen not to pursue
purchase of these lots; therefore, access must be provided
3e. Describe the overall project in detail, including the type of equipment to be used.
The project includes-
1 Moving the relocated stream channel (SR), near the entrance, to its original location and abandoning the culvert in
that location (C1).
2. Reducing the length of two culverts (C2 and C3).
3'. Removing,three culverts (C9,,, C10, and,,C11)
Typical construction and earth moving equipment will be utilized on,,site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No ❑ Unknown
prcjecb(including all prior phases) in the past.
Comments:
4b. If the Corps made the,jurisdictional determination, what type
❑ preliminary ❑ Final
of determination was,'made?
4c If yes, who-delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known):
Other-
If yes, list the dates of the Corps*junsdictional determinations or State determinations and attach documentation.
Page 4 of 13
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a Have permits or certifications been requested or obtained for
Yes ❑ No El Unkriown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help,file" instructions
The NC Division of Water Resources (DWR) issued a Notice of Violation (NOV) for this site on August 8, 2007 (Attachment
A). An ATF permit application was submitted'to the US Army Corps of Engineers (Corps) and DWR on September 10, 2007
The ATF permit application was returned as incomplete by the, DWR on January 16, 2008 (Attachment B) The US Army
Corps of Engineers (Corps) issued a Cease and Desist Order for,this,site on'May 5, 2008 (Attachment,C). To date, additional
work at the site has been limited to minimal gravel road maintenance and fill slope repair work. The violations remain
unresolved.
Corps Action ID 2007 -03054
DWR Project # 07 -1556
6. Future Project Plans
6a. Is`this a phased project?
❑ Yes ® No
6b. If yes, explain
Page 5 of 13
,PCN Form — Version 1 3 December 10, 2008 Version

C Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply)
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 6 of 13
PCN Form — Version 1.3 December 10, 2008 Version

2. Wetland Impacts
If'there ar&wetland impacts proposed on the site; then complete,fhispquestion for each wetland area impacted.
2a.
2b-
2c
2d
2e.
2f-
Wetland impact
Type,of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ— non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑;Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P FIT
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetlandfimpacts
2h. Comments*
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream_ sites impacted
3a'.
3b
3c.
3d.
3e
3f.
3g
Stream impact
Type of impact
Stream name
Perennial
Type of "jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P)wor
'intermittent
'DWQ — non -404',
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
C1 - Culvert
UT Tuckasegee
®PER
❑ INT
®Corps
® DWQ
3
0
S2 ® P ❑ T
C2 - Culvert
UT Tuckasegee
_
® PER
® Corps
® DWQ
3
40
IS3 ® P ❑ T
C3 - Culvert
UT "Tuckasegee
--[:],INT
® PER
❑ INT
® Corps
® DWQ
3
32
S4 ®P ❑ T
C4 - Culvert
UT Tuckasegee
® PER
❑ INT
® Corps
® DWQ
3
40
S5 ®P ❑ T
C5 - Culvert
UT Tuckasegee
® PER
❑ INT
® Corps
® DWQ
3
50
S6 ® P ❑ T
C6 - Culvert
UT Tuckasegee
® PER
❑ INT
® Corps
® DWQ
3
10
S7 ® P ❑ T
C7 - Culvert
UT Tuckasegee
® PER
❑ INT
®Corps
® DWQ
3
40
S8 ® P ❑ T
C8 - Culvert
UT Tuckasegee
® PER
❑ INT
® Corps
® DWQ
3
32
S9 ❑ P ❑ T
C9 - Culvert
UT Dickson Creek
® PER
❑ INT
® Corps
® DWQ
3
0
S10 ❑ P [:IT
C1,0 - Culvert
UT Dickson Creek
® PER
❑ INT
® Corps
® DWQ
3°
0
S11 ❑ P ❑ T
C11 -Culvert
UT'Dickson Creek
® PER
❑ INT
® Corps
® DWQ
3
0
S12 ❑ P ❑ T
SR — Stream
Relocation
UT Tuckasegee
® PER
❑ INT
® Corps,
® DWQ
3
0
3h. `Total stream and tributary impacts
244
31. Comments: Please'reference the impact table on Figure�&fo.r additional ;information
Page 7 of 13
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S then individually list all open water impacts below.
4a
4b.
4c
4d
4e.
Open water
Name,of waterbody
impact number —
(if applicable)
Type of`impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
,02 ❑P ❑T
03, ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments.
5. Pond or Lake Construction
If and or lake construction proposed,, then com lete the chart below.
5a.
5b
5c
5d.
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use, or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
'P1
P2
5f. Total
5g Comments:
5h Is a dam high hazard permit required?
❑Yes ❑ No If yes, permit ID no:
51 Expected pond surface area (acres):
51. Size of pond watershed (acres):
5k Method of construction-
6. Buffer Impacts (for DW-0)
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.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project'is,ih which protected basin?
❑ Catawba ❑ Randleman
6b.
6c
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Tem_ ora T.
impact,
required?,
131 ❑P ❑T
❑ Yes
--
No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h. Total buffer impacts
61. Comments:
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Total'impact&owthe site are currently 512 linear feet: By reducing the length of culverts, removing culverts, and eliminating
the stream relocation, impacts have been reduced to 244 linearfeet.
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Proposed work at the site will be done from high ground Culvert removal will be done starting with C11 and continuing west
This will prevent equipment from crossing stream channels The stream channel at the entrance will be moved only after the
original channel has been reestablished.
2. Compensatory'Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does ,the project require Compensatory Mitigation for
iimpacts to Waters of the U.S or Waters of the State?
® Yes ❑ No
2b If yes, mitigatibrris required by (check all that apply):
® DWQ ® Corps
2c. If yes, which mitigation option will be used for this
projects
❑ Mitigation bank
®Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
,3b. Credits Purchased (attach receipt,and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee, Program
4a Approval letter from in -lieu fee program is attached
® Yes (Attachment D)
4b. Stream mitigation requested
244 linear feet
4c. If using stream mitigation, stream temperature-
❑ warm ❑ cool Scold
4d. Buffer mitigation requested�(DWQ only)
square feet
4e: Riparian wetland mitigation requested:
acres
4f. Non - npanan 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 9 of 13
PCN Form — Version 13 December 10, 2008 Version

6. ,Buffer Mitigation (State Regulated Riparian Buffer Rules) — ,required,by,DWQ
6a Wdl the project result'in an;iinpact within a protected npanan buffer that requires,
buffer mitigation'
El Yes ®'No
6b..If,yes,,then identify the square,feet:of impact to each- zone,of th&dpanan buffer'that requires mitigation. Calculate the
amount of mitigation required'.
Zone
6c
Reason 16t)mpact
6d
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square'feet)
Zone, 1
3 (2 for Catawba)
Zone-2
1.5
'6f. TotaEbuffer mitigation required:,
6g. If buffer, mitigation is required, discuss what type,of mitigation is, proposed ;(e,g, payment to pnvate�imitigation bank,
perrriittee� responsible riparian buffer restoration, payment into an approved inAeu fee fund)_
6h Comments-
Page 10 of 13
PCN Form— Version 1',3 December 10, 2008,Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules
1b,
If yes, then is a diffuse flow'plan included? If no, explain why.
❑ Yes ❑ No
Comments -
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of'this project?
<5 %
2b
Does this project require a Stormwater Management,Plan?
❑ Yes ®,No
2c
If this project DOES NOT require a Stormwater Manage "ment'Plan, explain why: The project site has less than 5%
impervious surface area The only impervious surfaces present on site are gravel roads.
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Jackson County
❑ Phase II
3b
Which of the following locally- implemente&stormwater management programs
[:]'NSW
❑ USMP
apply #heck all that apply),
® Water Supply Watershed
" `❑ , Other.
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HOW
4a
Which of the following state- implemented stormwater management programs apply
❑ ORW
(check all that apply).
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan'with proof of approval been
❑ Yes ❑ No
attached?
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 11 ,of 13
PCN Form — Version 1' 3 December 1 0; 2068 Version

F. Supplementary Information
1. Environmental (Documentation,(DWQ Requirement);
1a Does the protect involve an expenditure of publics `(federal /state /iocal) fund's or the
❑ Yes ®No
use,of public (federal /state) land? F
1b, If "you ,answered "yes"'to the above, does the project ^require preparation-of "an
environmental document,pursuant io the requirements�of the National;or'State,
❑ Yesl ❑' No
(North Carolina),Environmental Policy Act (NEPA/SEPA)?
1c Ifyou answered "yes" to the above, has the document, review been, fnaiized by the
State Clearing Houses '(I_f,so, attach a,copy,of the'NEPA or SEPA,final approval
letter')
❑ Yes [:J N6
Comments,
Z. Violations (DWQ Requirement)
2a Isthe,sit&in violation of DWQ Wetland Rules (15A NCAC,2H .0500), Isolated
Wetland Rules (15A,NCAC,2H - 1300), DWQ Surface�Water or Wetland Standards,
® Yes U No
or Ripanan, Buffer Rules (15A NCAC 26 ,0200)?
2b. ,Istthis,an 6fter= thb4act,permit application?
® Yes '❑ No
2c .If,you,answered "yes "'to one or'both;of,the,above,questions, provide an explanation ,,ofithe °violation(s)
An,NOV waslissued by -the DW,Ran August 8,,2007 ( DWR' Pr oject ,-#07= 1�556)�(Attachrneht,,A) t6l3lue Sky'Mountain Company,
for installation of "culvertswithout -a DWR WaterAQuality�Certifcation.
3. Cumulative Impacts (DWQ Requirement)
3a. Will,this project(based on past and. reasonably anticipated 'future;impacts),tesult ,,in
❑ Yes No
additional development, which could impact nearby,downstream waterrquality?
3b. I 'you; answered "yes " "to the, above;, submit a qualitative, or °quantitative cumulative impact analysis in accordance' with the
most recent b,WQ policy If;you, answered: "no," provide a short,narrative description ,
The purpose of °the proposed project,is.to provide1bt access and,resoive outstanding violations. Additional development
plans,a_re not proposed Iat this time: 'Good's and servicescan be provided by °businesses in ^Cullowhee and' Sylva. The
,proposed project would not resultin additionaldevelopment which could impact,nearby downstream water quality,.
4. Sewage Disposal (DWQ, Requirement)
4a. Clearly etail the ultimate treatment methods and disposition non- dischar e,or discharge) of,wastewater, generated from
Y _ _ _ P_ ( _ 9 9) 9
the proposed project, or °availabWcapacity,of the subject facility:
Currently,,wastewater is not generated at the site -,
Page 12 ,of' 13
PCN Form — Version 1.3, December 10,,2008'Version

S. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS CountyAata,and the °Natural Heritage Program Element Occurrence data
6. Essential Fish Habitat (Corps Requirement)
6a Will this�project occur in or near an area,designated as essential fish habitats
❑ Yes ® No
6b. What data sources did you use,to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact-will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places records maintained by,the NCState Historic Preservation Office (SHPO) and available
on SHPO's HPOWEB GIS Service and the National Park Service's.Download Center A portion of the Thorpe Dam
Complex (JK0382) is located,adjacent to and through the proposed project site The Thorpe Power Plant (Study List Site
#JK0396) and Thorpe Power Plant Worker Housing (Study List SiW#JK0397) are located dust west of the proposed project
site. Information about,this,project,has =been sent to SHPO for review
8. Flood Zone Designation (Corps Requirement)
8a. Will this£project occur in a FEMA- designated 100- yeat`floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMAsequirements
8c. What source(s) did,you use.to make the floodplain determination? NC Floodplain Mapping Program — Digital Flood
Insurance Rate Map (DFIRM) panel 7566 and 7576 (effective 04/19/10).
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 13 of 13
PCN Form — Version 1.3 December 10, 2008 Version

Big Ridge ( +/- 863 AC) -Mount Wilderness ( +/- 360 AC)

Big Ridge ( +/- 863 AC) -Mount Wilderness ( +/- 360 AC)
- 7E19
ON
.24 T .:.:<. i Po,y
I
a
lit
Y' O
r
Legend _
Amazing Grace Properties (AGP)
y`r
p ® Outparcels within AGP
Mount Wilderness Owned by AGP
�� o: Mount Wilderness Owned by Others
IN
v• f
Ilk lip
1,000 2,000 4,000
Jackson County, t-LearWaLer USGS Topographic ��.
..
Big Ridge • .,
North Carolina
224 South Grove Street, Suite F Figure 2
Hendersonville, North Carolina 28792

Big Ridge ( +/- 863 AC) -Mount Wilderness ( +/- 360 AC)
Legend III Zoom Box
+ Stream Relocation Powerline ROW
■ Pre - Existing Culverts Q Amazing Grace Properties (AGP) i
i
A After - the -Fact Culverts ® Outparcels within AGP
i
Roads GPSed by CEC
USGS Streams
mill;
II
'71\�•, {I � 1rr,
I • / 111��11 )li+
Culvert
Existing
Length
Reduced
Length
Ct
60
0*
C2
80
40
C3
40
32
G4
40
40
C5
50
50
C6 **
10
10
C7
40
40
C8
32
32
C9
30
0 * **
C10
30
0 * **
C11
40
0 * **
SR
60
0
Total
512
244
'culvert will be abandon afterstream is
rem rned to origin al locat ion
'20LF pre- existing
••• culvert to be removed
Mt Wilderness Owned by AGP
Mt Wilderness Owned by Others
C5 - 50LF
C4 - 40LF
Tuckaseegee River
vi
The 360 -acre tract, known as Mount Wilderness, was evaluated for after - the -fact culvert impacts in April
and May, 2014. It is the opinion of CEC that roads located on the remainder of the Big Ridge Tract are
unimproved with no after - the -fact culverts.
-- Stream Relocation
SR - 60LF
Reduced Length - OLF
-- -I C1 - 60LF
�J Reduced Length - OLF
1 C2 - 8OLF
Reduced Length - 40LF
C3 -40LF _-
Reduced Length - 32LF
' 1
C9 - 30LF
C6 - 1 Reduced Length - OLF
0LF
Highway 107
Dickson Creek
C10 - 30LF
Reduced Length - OLF
C11 -40LF
Reduced Length - OLF
,`• ` - `
C8 - 32LF
Drawn by: RLN 0.0:Q5t4; Project# 742
Jackson County,
North Carolina
CLearWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
r
r r'
0 250 500 1,000
Feet
Site Plan
After - the -Fact Culverts
Figure 3

Big Ridge ( +/- 863 AC) -Mount Wilderness ( +/- 360 AC)

OIL AN.
K
i
J ��

Attachment A
DWR Notice of Violation
(dated August S, 2007)

OF WATFi9 Michael,F Easley, Governor
".Z\ .r'`�'° Q Writiam G Ross Jr , Secretary
North Carolina Department of Environment and Natural Resources
O -C Coleen H Sullins,- Director
Division of Water Quality
August 8, 2007 0 7 — 1 5 5 6
Blue Sky Mountain Company
6301 Parson Brown Drive
Orlando, Florida 32819
CERTIFIED MAIL
RETURN RECEIPT REQUESTED — 7006 3450 0002 7064 8655
Edwm J. Henson
Blue Sky Mountain Company
Post Office Box 386
Cashiers, North Carolina 28717
Subject- SECOND NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
Mount Wilderness
Continued Removal of Best Usage
Failure to Secure a 401 Water Quality Certification,
Jackson County
Dear Sirs-
On July 27, 2007 and July 30, 2007, Kevin Barnett of the NC' Division of Water Quality
(DWQ) inspected your site locatcd on NC Highway 107 South, in Jackson County. It
was observed that on July 27, 2007 that a contractor was in the process of blasting and
removing rock from underz stream channel, which had been previously cited in a Notice
of Violation The contractor was instructed to cease'this activity in order to not cause
further violations of state water quality standards. Upon Mr. Barnett's return on July 30,
2007, it was observed that the contractor was once again undertaking the blasting activity
at the stream channel. The Mount Wilderness Subdivision which contains an un -named
,tributary to the Little Tennessee River, Class WS -ID (Water Supply III), B -trout waters.
The site drains to the Little Tennessee River (Water, Supply Hl, 'B -trout waters) in
Jackson County.
As a result of the site inspection and file review, the following violations detailed below
are:noted
(1) NCGO10000 Permit Violation
(2) Removal of Best Usage
(3) Failure to Secure a 401 Water Quality Certification
NonhCarohna
N C Division of Water Quality 2090 US HWY 70 Swannanoa, NC 28778 Phone [phone] Customer Serwce Jlaturnl111
Asheville - Regional Office FAX [phone]
An Equal Opportunity/Affirmative Action Employer ­50% Recycled /10% PosfConsumer Paper

Page 2
Mount Wilderness Subdivis-ion
Jackson County
Item L ,NCGOI0000 Permit Condition Violation
1) Approved Plan (Part I,,Section A: No. 2.).
Part I Section A No 2 Final Limitations and'Controls For Stormwater Discharges
The permittee shall implement ,the plan, which the approval authority has
approved. The approved plan is considered a requirement or condition of
this general permit Deviation from the approved plan or approved
amendment to the plan shall constitute a violation of the terms and
conditions of this general permit except that deviation from the approved
plan, will be allowed (1) to correct an emergency situation where
sediments are being discharged off the site or (2) when minor
modifications have been made for the purpose of improving the
performance ofthe erosion�and sediment control measures,and notification
of the minor modification has been made to the Division of Land
Resources (or approved local program). Such a deviation shall be noted on
the approved plan maintained at the fob site. During active construction, a
copy of the approved plan,shall be maintained on the'site.
2. Part II'Section C(1): ,Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed
or used by the pennittee to achieve compliance with the conditions of this general
permit
Item 11. Removal of Best Usage
Theremoval of bed channel (the blasting of rock) constitutes a Removal of Best Usage as
defined 'in 15A NCAC 02B .0211' (2) where the waters shall be suitable for aquatic life
propagation and maintenance of biological integrity, wildlife, secondary recreation, and
agricultuie; sources of water pollution which preclude any of these uses on either a short -
term or long -term basis shall be considered,to!be violating a water quality standard.
Item III. Failure to Secure a Water Quality Certification
The placement of fill in waters �of the Siate of North Carolina requires a 401 Water
Quality Certification be obtained prior to the commencement of the filling activity as
required in 15A NCAC 2N .0500. A file review indicates that the U.S. Army Corps of
Engineers (COE) has not authorized use of a 404 Permit -for, this activity nor has
notification been provided to the COE for this activity. The file review confirmed that a
Pre - construction Notification has not been received by the Division of Water Quality for
this project and that a 401 Water Quality Certification has not been issued A Pre -
Construction Notification submitted to DWQ >is required ,prior to the above- mentioned
impacts pursuant to 15A NCAC 2H .0500.

Page 3
Mount Wildcmcss Subdivision
Jackson County
Requested Response
This Office requests that you respond to this letter in writing within 15 days of receipt of
this Notice Your responseAshould be sent to both this office at the letterhead address and',
to the attention of Mr. Danny Smith at the Wetlands and Stormwater Branch; NPS
Assistance and Compliance Oversight Unit, 1617 Mail Service Center, Raleigh, NC
27699 -1617. Your response-should address the following items-
1. As idetailed in the attached addendum, the NCG010000 stormwater permit
requires inspection and record keeping requirements for the project site.
Accordingly, it is requested that your response t6 the DWQ, be provided a copy of
all rain gauge data and weekly inspection/inonitoring ,,reports related to your
inspections of the, approved sedimentation and erosion ,control facilities Copies
of all corresponding inspections subsequent to rain events greater than 0.5 inches
are requested as well. Also, please provide inspection information that was
'recorded with respect to measures taken to clean up sediment that has left the
disturbed limits of the site. Failure to provide this information will constitute
violations of the subject NPDES, NCGOI 0000 stormwaterpermit
This information must be mailed to the Regional Office at the letterhead
address within 15 days of receipt of this letter and must include rain gauge
data and monitoring records through to the date of your written response ,to
this letter.
2. Your written response should detail the events that resulted in your -non-
compliance with the above - mentioned NPDES NCGO10000 permit conditions.
3. Explain in your response when you anticipate being in full compliance with the
Construction Stormwater Permit and your Erosion and Sediment Control Plan.
Please provide information detailing your compliance with the minimum
monitoring ,and reporting requirements as requested above for each phase of the
project. Specifically, it is requested that you provide this Office with copies of all
monitoring records within 30 days of receipt of this notice. This information must
include all monitoring records up to the date of your written response to this
letter. Please explain why these impacts occurred without prior authorization.
4. Please provide documentation of all Jurisdictional water features (e:g. streams,
wetlands, `buffers) on site. This plan should also describe and quantify the
impacts 'to ,those jurisdictional features, and should include plans to avoid further
stream and wetland impacts on the site.
5. Please submit the following documents for review and approval-
Stream Restoration Plan' (stream bed removal impacts) — Please explain
how you plan to restore the pattern, profile and dimension of the impacted
stream channels to include the removal of pipes, fill and nprap The,

Page 4
Mount Wilderness,Subdrvimon
Jackson County
streambcd must be restored to a stable profile, the stream banks must be
stabilized, and any fill matenal must be removed from the riparian zone.
Replanting of the riparian zone will be requited.
Stream Restoration Plan (sediment impacts) — Sediment impacts to the
streams onsite and downstream of the site must be removed. As a part of
this plan, you should provide the amount (depth) of material that has been
deposited in the floodplain, stream and any wetlands. This information
should be depicted on a map,you provide. It is recommended that you use
hand labor (buckets, shovels and wheelbarrows) to remove deposited
sediment from the stream channel. The sediment should be removed from
the channel, taken to .high ground away from the stream channel and
stabilized Also, the plan must address the measures that will be used for
temporary stabilization/sediment control' while this work is und'er'way.
Permit Application — If you' wish for any impacts to remain in place, you
must contact the U.S. Army Corps of Engineers ( USACOE) for
information on the type(s) of permit required. Depending on the type of
permits USACOE requires, application for a 401 Water Quality
Certification to DWQ will also be 'required. Please note that sediment
impacts to streams aremot permutable.
Please indicate in your, response a detailed schedule with dates explaining
when the restoration will be accomplished. If you plan to seek a permit
for the pern ittable impacts and,when an application will be submitted.
You are encouraged to secure an environmental consultant to assist you with
your plan development, permit, certification and authorization necessary to
achieve compliance.
6. It is, required that you contact the Jackson County Erosion Control Program and
the U.S. Army Corps of Engineers. These contacts are necessary to ensure that
your restoration efforts are in compliance with the Sedimentation Pollution
Control Act and Section 404 of the Clean Water Act.
By copy of this Notice of Violation, the Division is hereby requesting that all. County
approvals (including, but not limited to, Erosion Control Plan approvals, Septic System
approvals, Building permits, etc.) be withheld until the site is brought irito complete
compliance with all applicable regulations. No further grading, clearing, burning; or land
development (with the exception of'iristallation and maintenance of appropriate erosion
control devices) should be occurring on this site until these violations,are resolved.
Thank you for your attention to this matter' This .Office will be sending a:
recommendation for enforcement to the Director of the Division of Water Quality
regarding these issues and any Future /continued violations that may be encountered,

Page 5
Mount WildernessSubdivision
Jackson County
Your above-,mentioned response to this correspondence will be considered in this
process. This office requires that the violations, as detailed .above, be abated
immediately. These violations and any future violations are subject to a civil
penalty assessment of up to $25,000.00 per day for each violation. Should you have
any questions regarding these matters, please contact Kevin Barnett at (828) 296 -4657
Sincerely,
Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
Division of Water Quality
cc: Cyndi Karoly — 401 Oversight and Express Permits Unit
Danny Smith — NPS Assistance and Compliance Oversight Unit
Jackson County Erosion Control Program
Jackson County Building Inspectors Office
Jackson County Health Department
Lori Beckwith, U.S. Army Corps of Engineers Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission
,Bryan Tompkins, US Fish and Wildlife Service

Attachment B
DWR Return of Application
(dated January 16, 2008)

�0_ WArFT
QG
r
> —I
o <
Michael F ,Easley „Governor
William G Ross °Jr., Secretary
North Carolina Department'of Environment and Natural Resources
Coleen'H Sullins, Director
Division of Water Quality
January 16, 2008
DWQ Projecfi# 07 -1556
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. John,Stronski
Blue Sky Mountain Company
6301 Parson Brown Drive
Orlando, FL 32849
Subject Property: Mount Wilderness — AFTER- THE -FACT 040305, 2- 79- 23 -(7),
Tuckasegee R.iver/Tuckasegee Lake (West Fork) [
WSIII, B, TR]
RETURN OF APPLICATION
Dear Mr. Stronski:
On September 12, 2007, the Division of Water Quality (DWQ) received your After -the -Fact
application,dated September 4, 2007, to fill or otherwise impact, 255 linear feet,of perennial
stream, to construct the proposed residential development. `On October 3, 2007, the DWQ
received additional information from you and on November ,13, 2007, the DWQ returned your
project to you as incomplete. However, the DWQ allowed you,more time to submit the
requested information and on November 26, 2007, the DWQ received additional information lete
from you. The DWQ has determined thatyour application, r 9 2007or pr ided 1
inaccurate information as discussed below. In your letter d November
do not have any maps showing the'proposed layout of buildings and. driveways on the lots...
There is no site plan that showsfill slopes, dissipaters or bank stabilization... Of the additional
information requested, much of it does not exist. The,firm that did the conceptual plan no longer
works for Mr. Stronski. As far as,1 know there no, engineering, drawings.” Based+on information
received from your agent on November 9, 2007, �it appeared that it would be.some time before
the requested information would be available, and based on,,your'responses m the letter from
your agent dated November 19, 2007, the requested information will likely not be forthcoming.
For these reasons your permit application it hereby considered returned. Once have
as it was
redesigned your project to address the problems and inadequacies with your application
submitted, you will need to reapply for DWQ approval. 'This includes submitting a complete
application package with the appropriate fee.
401 ovcrsight/Express Revte- Pemtittmg Unit
1650 Mail Service,Ccnter, Raleigh North ,Carolina 27699 -1650
2321 Crabtree Boulevard, Suite 250, Raleigh, Nordi Carolina 27604
Phone 919= 733 - 1786' / FAX 919 - 733.6893 / Internet. 3g
An Fmia1 Onnortunity /Affirmative Action Employer— 50% Recycled /109y' Post Consumer Paper
Na" Carolina
�tura!!�

Blue Sky Mountain Company
Page 2 of 2
January 1'6, 2008
Please'be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and your project remains, in violation of North Carolina General Statutes and
Adinidistrative Code. Please call Ms. Cyndi Karoly or Mr. Ian,McMillan at 919- 733-1'786 if you
havekany questions or concerns.
Since y,
yndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/m
cc: Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Pamela M. Boaze, Fish and Wildlife Associates, Inc., P.O. Box 241, Whittier, NC 28789
filename 071556MouatWiiderae s(Jadnoo)Returoed_AppiieaUou2

Attachment C
Corps Cease and Desist Order
(dated May 5, 2008)

IVNy 5, 2008
Regulatory Division
Action ID. 2007 -03054
Blue Sky Mountain Co., Inc.
Attention: John and Sue Stronski
6301 Parson Brown Drive
Orlando, FL 328194676
Dear Mr: and Mrs. Stronski:
1 refer to the Preconstruction Notification ,(PCN) submitted on your behalf by Fish and
Wildlife Associates, Inc., for after- the -fact (ATF) authorization for impacts to waters of the
United States (U.S ) on your approximately 344 -acre property known as Mount Wilderness near
Tuckasegee, Jackson County, North Carolina. The purpose of the work„ as described in the PCN,
is to ,construct the road system to. support the-fesidentiat development. I also`refer to the on -site
meeting between your consultant, Pain Bowes, and representatives from the U.S. Fish and
Wildlife Service (Bryan Tompkins), the NC Division of Water Quality (Kevin Barnett), the NC
Wildlife, Resources4Conu ission;(Dave McHenry), and from this officer(Lori'Beckwith) on April
30, 2008. The purpose of this meeting was to discuss the unauthorized discharge of fill material
into ,these waters.
Based on the information gathered during the site visit and the information submitted in your
PCN, we have determined that the on -site waters are intermittent and perennial unnamed
tributaries to the' T,uckasegee River,,which eventually flows, in to the Little Tennessee River, a
Section 10 water, and that these on -site waters are subject to Clean Water Act jurisdiction.
Additionally, we determined that you have impacted approximately 600 linear feet (It) of
jurisdictional waters,on the property by filling (installatibn of culverts, rip,rap, and/or soil),
excavating, and constructing iii- stream impoundments, and have impacted additional,
undetermined length of stream by relocating a stream on-the property. These activities, involving the discharge of'fill material nand excavation, in Waters o the U.S. without authorization by a
Department of the Army permit, is a violation of Section 301 of the Clean Water Act (33 U.S C.
1311). You are directed to cease and desist from any further unauthorized Work,in waters
of the U.S,. until this matter is resolved.
In an effort to address these unauthorized impacts, it is our understanding that you intend to
pursue after -the -fact Department of the,Army authorization for this work. In order'to initiate this
process, please fill out the enclosed Department of the-Army Standard (Individual) Permit
application and submit it to this offiee within 30 days from the received date of this letter. Your

application should include the above mentioned unauthorized impacts as well as any additional
impacts to on -site waters of the U.S that are planned with, the remainder of the proposed
development.
Your consultant has requested additional information regarding the use,of Nationwide Permit
(NWP) 32 for this project. According to NWP 32 (i) (b), a settlement agreement must be written
for the resolution of the unauthorized impact; this settlement agreement must provide for
environmental benefits, to an equal or greater degree, than the environmental detriments caused
by the unauthorized activity that is authorized by the NWP 32. Additionally, before reaching any j
settlement agreement, the U.S. Army Corps of Engineers (USACE) will ensure compliance with
the provisions of 33 CFR part 326 and 33 CFR'330.6(d)(2) and (e).
i
We have determined that a full review under, the Standard Permit Process is necessary in order
for us to adequately determine the enAronmental impacts to waters of the U.S., the
environmental benefits of any proposed restoration or mitigation for this project, to determine if
the work involved is or is not contrary to the public interest, and to determine °ifthe work/preject
is' irr compliance with the 'National -Environmental Policy Act (NEPA) and the Section 404(b)(1)
Guidelines (Guidelines) of the Clean Water Act (40 CFR Part 230).
According to the Guidelines, permits for work within waters of the U.S. can be issued only
after all appropriate and practicable steps to avoid and minimize impacts'have been taken. The
Guidelines require that applicants (1) avoid unnecessary environmental impacts by preparing an
analysis of available off and on -site alternatives that would potentially result in less adverse
impacts than,the proposed,project, especially, regarding site,design and construction techniques,
and; (2) to themaximum extent practicable, minimize the unavoidable adverse impacts of the
preferred alternative (i.e., information regarding measures you have taken to avoid and minimize,
impacts to aquatic resources). Once these steps have been taken, a compensatory" mitigation plan
that would adequately offset all unavoidable;impacts to waters or wetlands is then required
Please be reminded that mitigation is used to offset impacts to aquatic resources once the
applicant has demonstrated adequate avoidance and,►*,inimization.
Further, according to the Guidelines, no permit may be issued for a proposed project if there is
alesser environmentally damaging practicable alternative. Practicable is defined as " availabfe
and.capable of being done after taking into consideration cost, existing technology, and logistics
in light`of the overall project purpose:" It is primarily the applicant's responsibility to
demonstrate to the USACE that no such alternative exists and that its chosen alternative is the
least environmentally damaging practicable alternative. The applicant, to satisfactorily
demonstrate this, is typically required to assess,a range of reasonable alternatives and show•that
these alterriatives,are more environmentally damaging than the,applicant's,preferred alternative
and/or are not practicable.
Because you,have not,demonstrated that your project complies with the, Guidelines, have not
demonstrated that the project is not contrary to the public interest. have not provided an adequate

mitigation proposal, and have not submitted information required for review under NEPA. we
cannot determine that ,the project provides enviroriniental' benefits; to an equal or greater
degree, than the environmental detriments caused by the unauthorized activity, that is authorized
by the NWP 32" Find therefore have determined that this project does not comply with the terms
and conditions for verification of use.of NWP 32. As such. we require that a full review, to
include issuing a public notice and conducting a full analysis um accordance with the Guidelines
be ,performed under the Standard Permit process.
Please provide as part ofyour complete Standard Permit application, a delineation of�all
waters of the U:S. on the property. Additionally, and in accordance to 33 CFR 326.3(v), a tolling
agreement must be signed and returned to our office prior to our acceptance,of an after -the -fact
permit application. Please sign the enclosed Tolling Agreement form and include in your permit
request.
Please fill,out the�enclosed,Department of the Army Standard Pennivapplication and.tolline,
agreement and submit these documents to this office within 30 days from the received date of
this letter. If you determine that you will-not pursue authorization for the existing and future
impacts, please submit a restoration plan to this office within 30 days.
Failure to comply with these directives may result in referral ,to the United States Attomey
with a recommendation for civil prosecution.
If there are questions, contact'Lort Beckwith of the Asheville Regulatory Field. Office, at
(828),271 -7980, extension 226.
Sincerely,
William T. Walkei
Chief, Asheville Regulatory Field Office
Enclosures: Individual permit application
Tolling Agreement
Copies Fumished:
Mr. Mark T. Calloway
United States Attorney
Western District ofNorth,Carolina
Suite 1700, Carillon Building-

227 West Trade Street
Charlotte. North Carolina 28202
Mr. Brian Cole
U.S. Fish and Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Ronald J Mil:ulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth, Street, SW
Atlanta. Georgia 30303
Mr. Carson Fisher
Division of Land Resources
North Carolina Department of Environment
and Natural Resources
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Mi. Kevin Barnett
Division of Water Quality
North Carolina Department of Environment
and' Natural Resources
2090 U.S..Highway 70
Swannanoa. North Carolina 28778
Ms. Becky Fox
U. S. Environmental Protection Agency
1349 Firefly Road
Whittier; North Carolina 28789
Mr. Dave McHenry
North Carolina Wildlife Resources Commission
Mountain Region Coordinator
20830 Great Smoky Mtn Expressway
Wa}mesville, North Carolina 28786
Register Nelson, Inc.
Attention: Mr. Ryan Hendren
3949 Jodeco Road

McDonough, GA 30253
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
BCF: CESAW- OC /h4cCorcle
CESAW -RG -A_ /Beckwith
SUSPENSE

Attachment D
EEP Acceptance Letter

Pat McCrory _
Governor
Roseanne Giordani
Amazing Grace Properties
100 Congress,Ave., Suite 1440
Austin, TX 78701
A,fA
NC®ENR
North Carbllna Department of Environment and Natural Resources
Michael Ellison, Director
Ecosystem Ehhancement,Progra%
August 6, 2014
JohmE Skvarla,'III
Secretary
Expiration of Acceptance: Febivary 6. 2015
Project: Amazing Grace Properties County: Jackson
This is a conditional acceptance letter.
The purpose of this letter is-to, notify you thavihe North�Carolina Ecosystem Enhancement Program (NCEEP) is wrllmg to accept
payment for compensatory �mitigation for impacts associated with the above referenced project as'mdicated in the table below Please
note that this decision does not assure that participation in the NCEEP under the conditions specified. below will be approved by the
permit issuing agencies as mitigation for project impacts it is the responsibility of the applicant to contact these agencies to determine
if payment to the NCEEP will be,approved You must,also comply with all other state federal or local s4overnment permits
reeulabons or authorizations associated' with the proposed activity' mcluding, SL 2009'-337 An Act to Promote ,.the Use of
Compensatory Mitigation Ban ks,as,amended by S L 2011 -343
This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility tolsend copies of the permits to NCEEP. Once NCEEP receives a copy ofthe permit(s) an invoice will be issued based
on the�required mitigation in that permrt,and payment must be made prior to conducting the authorized work The amount of'the In-
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www'nceep net
Based on the mformation supplied by you in your request to use the NCEEP, the impacts that may require compensatory mitigation
are summarized in the following table The amount of mitigation required and,assigned to NCEEP,for this impact,is determined by
pe itting agencies and may exceed the im actramounts shown below.
Impact
*_V.t
River
CU
Stream (feet)
Wetlands (acres)
Buffer I
Buffer iI
Basin
Location
(Sq Ft )
(Sq _Ft.)
Cold
Cool_
'Warm
Riparian
Non-Riparian Coastal Marsh
Little
06010203
244'
0
0
0
0 0
0
0
Tennessee
L.nue it unnussee uoutu.Luo or uouiuLuc to,sansiy tins mitigation' requirement tollowift payment Upon receipt of
payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance
with the N C Department of Envnoonment and Natural Resources' Ecosystem Enhancement'Program in -Lieu Fee Iinstrd- - -dated
July 28,.20,10
Thank you for'your interest in the NCEEP If you have any questions or need additional mfornation, please contact Kelly Williams at
(919)'707-8915
Sincerely,
Ja B Stanfill
Asset Management Supervisor
cc Karen Higgins, NCDWR Wetlands /401 Unit
David Brown, USACE- Asheville
Chuck Cranford, NCDWR-
Rebekah Newton, agent
1652 Mail Service Center; Raleigh, North Carolina 27699 -1652
Phone :919- 707 - 8976\ Internet www ncdenr gov
An Equal'Opportunrty 1 Affirmapve'Acton EmployeF= Made;in part by recycledlpaper