20071556 Ver 1_NOV Response_20070614

Fish and Wildlife Associates, Inc.
Main Office at: P. O. Box 241 Tel (828} 497-6505
25 Water Tower Lane Whittier, NC 28789 Fax [phone]
Whittier, NC 28789 Email [e-mail]
June 8, 2007
NC Division of Water Quality
Asheville Regional Office
Attn: Roger C. Edwards, Regional Supervisor
Surface Water Protection Section
2090 US Hwy 70
Swannanoa, NC 28778
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Re: Notice of Violation and Recommendation for Enforcement
Mount Wilderness, Blue Sky Mountain Company, Inc.
Removal of Best Usage, Failure to Secure 401 Water Quality Certification
Jackson County
Dear Mr. Edwards:
Fish and Wildlife Associates, Inc. has been retained by Blue Sky Mountain Company,
Inc. to assist them in the formulation and execution of the appropriate measures to bring
the Mount Wilderness project into compliance. A letter of Agent Designation is attached.
Pamela Boaze and Ben Laseter of Fish and Wildlife Associates have conducted a
preliminary site investigation. We have begun formulation of the restoration plan and
determined what permits will be needed. We will have a draft of the restoration plans
prepared within the next two weeks. As there are jurisdictional waters involved, at least
two perennial streams and one intermittent, we would like to have a site visit with agency
personnel from the COE, DWQ and WRC prior to finalization of the mitigative
measures.
We will prepare a permit application for the development to include both Phase I and II
areas of development. This will include all known and foreseeable activities that require
401/404 Certification. The permit application with appropriate fees will be submitted for
review and be concurrent with the mitigative measures. At this time, I believe that three,
possibly four, culverts will need to be permitted. Impacted stream lengths should fall
below the 3001inear foot threshold, thus allowing the use of a Nationwide Permit.
Further discussion with the owners and field surveys are needed before we will know
whether additional activities requiring permits are planned.
We anticipate that the plans and permit will be submitted to DWQ and the COE within
three weeks. Implementation of the mitigative measures will commence immediately
following approval by the agencies. Depending on the final plan, restoration activities

will be completed in one week, weather permitting. Any plantings proposed will be
conducted at the appropriate season: herbaceous immediately upon completion of
construction activities, shrubs and trees in the winter, and live stakes in the late
winter/early spring. Monitoring will be accomplished as recommended by the reviewing
agency personnel.
Sincerely,
~~~ ~~ ~
Pamela M. Boaze
President
Cc: Cyndi Karoly, 401 Oversight and Express Permits Unit, Raleigh
Danny Smith, NPS Assistance and Compliance Oversight Unit, Raleigh
Robby Shelton, Jackson County Erosion Control Program, Sylva
Lori Beckwith, Corps of Engineers, Asheville Regulatory Field Office
David McHenry, NC Wildlife Resources Commission, Waynesville
John and Sue Stronski, Blue Sky Mountain Co., Inc., Orlando

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