20071556 Ver 1_NOV Response_20070827

~isl~ and. ldlifc ~ssaciates, Inc. 'u•,.. ~- ~,~
Main Office at: ~~ BOX ~~ ~ Tel [phone]
25 Water Tower Lane ~1ll~t1el", ~C ~~7g9 Fax [phone]
Whittier, NC 28789 Email [e-mail]
August 22, 2007 p 7- 1 5 5 6
Roger C. Edwards, Regional Supervisor ~Q' ~ ~l~ I_~ ~ ~:d
Division of Water Quality ~~~
Surface Water Protection Section q,~ G 2 7 2007
2090 U.S. Hwy 70
Swannanoa, NC 28778 `'~.~~~ - ~vaT~R c~u~~iN
'NFTL~-v0. P~dD S i ORp,I-.^!ATFR BRANCH
Re: Second NOV-August 8, 2007
Mount WildernessBlue Sky Mountain Company, Jackson County
Dear Mr. Edwards:
Attached is a Letter of Agent Designation executed by the owners of Blue Sky Mountain
Company, Inc. for Fish and Wildlife Associates, Inc. to act on their behalf in the matter
of the Notice of Violation involving the Mount Wilderness property, Tuckaseegee,
Jackson County, NC. John Stronski has asked me to prepare a written response to you
concerning this violation. Actions were taken by Mr. Stronski to deal with the matter
prior to receiving the NOV on August 13, 2007. Attached are the a-mail correspondence
to that effect.
The violations noted on July 27 and 30, 2007 involve the permit violation, removal of
Best Usage and Failure to Secure a 401 Water Quality Certification.
Stormwater Permit
Recent storm events have caused roadside ditches to fill with sediment and fill slopes
have experienced some erosion. Maintenance of erosion control structures and
hydroseeding is on-going. All roadside ditches will be cleaned and rip rap check dams
installed as needed. Open areas will be revegetated in areas that are not actively being
graded. Completion of this maintenance will be accomplished by September 15.
No monitoring records are available. A program has been instituted to monitor the
Stormwater structures and. record status/maintenance. This program will commence on
Monday, August 27, 2007.
As concerns jurisdictional waters and impacts, a revised plan was submitted on August
14, 2007 to address the issues associated with the May 23 NOV.

Permit Application
A permit application for the impacts is under preparation. It is the intention of the
owners to permit the culverts that are presently in place. There will be an entrance to the
property from Highway 107, but the gatehouse will be relocated. Mitigation of impacts
from culverting the streams will be handled through the NC EEP In-Lieu Fee program.
Schedule for Restoration
The actions necessary to correct the problems caused by hanging culverts will take
approximately one week to implement. These actions will be undertaken following
approval of the plan by the resource agencies. Work will be completed prior to October
15.
Sincerely,

Pamela M. Boaze
President/Senior Biologist
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

June 9, 2007
Fish and Wildlife Associates, Inc.
P.O. Box 241
25 Water Tower Lane
Whittier, NC 28789
828-497-6305
Attn.: Pamela Boaze
RE: AGENT DESIGNATION
To Whom It May Concern:
We designate Fish and Wildlife Associates, Inc. to act as our agent in reference to all
matters involving permitting and any violation notices for Blue Sky Mountain Company,
Inc. and the Mount Wilderness development.
This designation is good for one year.
Sincerely,
S. John Stronski~and<Susan D. Stronski
Blue Sky Mountain Company, Inc.
6301 Person Brown Drive
Orlando, FL 32819-4676
~ _ _ -~,,.

AllC~-l5-207 11 ~ ~1 Aft
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Frcrrt: Kevin Barnett <Kavin.8amett~ncmail.net> Add tv Address Bvok
Date: 2007/08106 AAan AM OS:54;18 EST
Ta: sdds~tsegsauth.net
CC: dish and vUfWllfe Associates ffwat~dr~etnet~ Add to Address Book
s~bjgct: Re: Mount Wilderness
Gaud Morning Mr. Stronski:
It is understood that the gatehouse will be moved and that restoration
(as required by both Notices of Violation) is required for the impacted
stream segments.
As far act~ss, please refer to N.G.G.S. 143-215.3 (2) which gives staff
of the Division of Water Ctuality General Statute auiharization to enter
into any a+'tid all properties (public or private) for the purpose Of
investigating potential sources of water quality pollution or violations
of state standards. Should someone be onsite during a site visit, 1
wail be glad to present my State credentials. As I travel aver 2400
miles a month within the Asheville Region, it Is usually not practical
tv schedule appointments far site inspections.
As there are no signs posted for PPE, there should be no safety concerns
on site. Should there be concerns, please post Pf'E signs which will be
complied wfth.
Best regards,
Kevin
-net wrote'
>August 2, 2007
>ln response -o your N.O.V. per our phone conversation on August 1, 2007, 1
have instructed the
>cantr2~ctor to stop blasting at the stream location (Gatehouse entry) and
remove all blasting remnants and material.
yPer your requirements our Gatehouse entry cannot be kk:'ccated at the site. Our
Gatehouse
>struckure must now be moved to a new location-
The 180 degree left tam proceeding up our entry wiH however he expanded to
accommodate
>fire trucks and safety equipment per the county's direction. This
construction is
>approximatefy 300 feet away tram the small creek and will not in any way
impact it.
>1 have met with Pam Baaze of Fish and Wildlife canceming a remedy for
reworking the small
trickle of water dislodge from the small creek, This will be fixed apart her
recommendation
Mount Wilderness is a designated CanstrtlCtion site with various construction
activities- For
-safety reasons we do rtot allow un-escorted entry. Please contact 407-578-9700
to schedule
man 2rppvintment prior to your visit sc~ that we can accommodate yr~u and al!
~. o~
aalt5l~oo~ tt:t3 aiw
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safety requirements.
Thank you,
>John Stronski 4U7-578-9700
Kevin B>~mett - nc
North Carolina bept- of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality -Water Quality Section
2Q90 U.S- 74 Highway
Swannanoa, NG 28778
T~sl: 829 -296-45QQ
Fax: [phone]Q43
P. 0~
0811512007 11:13 AM
Kevin Barnett
~ivisian of Water Quality -Water Quality Kevin.Ba#n~(~ncmail.net Add to Address ook
Section
NC DENR -Asheville Regional Office work: 828-~9fi-4500
2090 U.S. 70 Highway fax' 828-299-7048
Swannanoa
NC
28778
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