20061539 Ver 1_More Info Received_20061211

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WETLAND & ECOLOGICAL CONSULTANTS, LLC
December 8, 2006
Mr. Steve Chapin
U.S. Army Corps of Engineers
Wilmington District
Asheville Regulatory Field Office
i5i Patton Avenue, Room 208
Asheville, North Carolina 288oi-Soo6
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Mr. Kevin Barnett
North Carolina Div. of Water Quality
Asheville Regional Office
209o U.S. 7o Highway
Swannanoa, North Carolina 288
Subject: Additional Information - NWP 27/GC 8402 &3495 PCN
Grey Rock Development
Buncombe & Rutherford Counties, North Carolina
USACE File No. 20068006
DWQ Project No. o6-}5S9 ~ 5 3 9 p ~ ~ ~ ~ ~ p~
WEC Project No. o2-o~i9o5 ~J
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Dear Sirs: oEN~; ~ vv~ir;:;x ;.~,,~~rr~
'VYfTl.AN0. Ah!D STQRMW.AT~R BRANCH
On behalf of our client, Land Resource Companies (LRC), Wetland & Ecological
Consultants (WEC) is pleased to provide additional information regarding the above
referenced pre-construction notification (PCN) submitted to the U.S. Army Corps of
Engineers (USACE) and North Carolina Division of Water Quality (DWQ) on September
i5, 2006.
Background
Mr. Steve Chapin with the USACE, Wilmington District, contacted WEC personnel via
telephone on October 23, 2006 in response to the PCN submitted for the Grey Rock
Development. At that time, Mr. Chapin requested additional information regarding the
total linear footage of stream proposed for restoration pursuant to Nationwide Permit
No. 27 (NWP 27).
In addition, Mr. Kevin Barnett with DWQ contacted WEC personnel on October 30,
2006 via email, requesting additional information regarding the proposed project.
Specifically, Mr. Barnett requested the submittal of a revised figure depicting additional
waters of the State identified by DWQ during site inspection that were not depicted in
322 South Cherokee Lane Phone: ~~0-591-9990
Bldg.8oo Fax: ~~0-, 91-9993
Woodstock, Georgia 30188 www.wet-eco.com

Additional Information - NWP ay/GC 3402 & 3g95 PCN December 8, 2006
Grey Rock Development WECProjectNo. 02-0905
the figures submitted with the initial PCN. Mr. Barnett also requested that all stream
segments proposed for restoration, including stream reaches that received sediment
deposition due to land disturbance activities on the project site, be depicted on drawings
and provided to him.
On December 1, 2006, a letter from Mr. Roger Edwards of DWQ was submitted to LRC
requesting further information pertaining to the proposed project PCN. Mr. Edward's
letter lists the following three items for which DWQ requires additional information: i)
Describe Overall Project in Detail, 2) Figure 3, and 3) Stormwater. The following section
provides additional information in response to Mr. Chapin's request, on behalf of the
USAGE, as well as all the requests of Mr. Barnett and Mr. Edwards with DWQ.
Additional Information
iT.S. Army Corps of Engineers
In response to Mr. Chapin's request for additional information, WEC personnel
completed a Global Positioning System (GPS) survey of the areas proposed for stream
restoration along former logging roads on the project site on November 9-io, 2006.
Using a Trimble® Pro XRS GPS unit that achieves sub-meter accuracy, existing stream
culverts and road fill were surveyed to determine the length of stream proposed for
channel restoration. Table i provides the linear footage of existing pipe/fill at each
location proposed for stream channel restoration, as well as latitude/longitude
coordinates. The proposed project will result in the restoration of approximately i,o~o
linear feet of stream channel currently piped or filled beneath former logging roads. The
attached figure (Figure i) depicts the location of each channel restoration area within the
Grey Rock Development.
North Carolina Division of Water Quality
Additional information pertaining to each of the items addressed in the December i,
aoo6 letter from DWQ is provided below.
1) Describe Overall Project in Detail
In response to Mr. Barnett's email request of October 30, 2006, WEC conducted a
preliminary sediment assessment of stream segments during the November 9-io, 2006
2

Addiiionallnformation -NWP2~/GC34O2 ~3495I'CN December 8, 2006
Grey Rock Development WECProjectNo. o2-oyigo5
site visit. Seven streams on-site were identified in a facsimile transmittal from Mr.
Barnett on November 8, 2006 as containing sediment deposition. WEC personnel
observed evidence of sediment at the DWQ identified locations; however, a more
detailed assessment of these stream segments is necessary to determine the linear extent
and volume of sediment deposition resulting from road construction. Figure i depicts
stream segments on the property in which sediment deposition was observed during the
site visit. Upon completion of a more detailed sediment assessment by WEC, sediment
will be removed from these stream channels on an as-needed basis, in accordance with
the sediment removal methods described in the PCN submitted for the project.
WEC also inspected areas identified by DWQ as containing additional streams to verify
the presence of these waters on the property. Additional waters of the State observed by
WEC personnel are depicted on Figure 1, as are all areas proposed for stream restoration,
as requested by Mr. Barnett. In addition, in response to the DWQ request, WEC
personnel will complete a field inspection of the remainder of the 3,928-acre property to
map all streams not depicted in the PCN. Due to the significant amount of time required
to complete this task, we request that DWQ provide Section 4oi Water Quality
Certification (4oi Certification) conditional upon this additional stream mapping being
provided by March 1, 200.
2) Figure 3
Figure 3 of the PCN submitted for the project provides a typical cross-sectional view of
the plate arch bridges proposed for construction at stream crossings along the project
road corridors. Based on a November 30, 2006 telephone conversation with Mr.
Barnett, it is our understanding that Figure 3 provided insufficient detail for DWQ
personnel to determine that the proposed structures would not adversely affect aquatic
resources on-site, and a more detailed typical is required to make such determination.
In response to this request, a detailed plate arch bridge typical drawing depicting footing
specifications and proximity to adjacent stream channels has been submitted for DWQ
review (Figure 2). This typical provides erosion control details for bridge construction,
as well as a description of best management practices for structural plate arch
installation. Upon issuance of 4oi Certification, engineering plans for each individual
plate arch bridge crossing will be provided to DWQ as the project progresses and
detailed drawings become available.
3. Stormwater
Based on our review of the December i, 2oo61etter, it is our understanding that DWQ
requires additional information regarding long-term stormwater management upon
completion of the proposed project. In response to an inquiry from WEC personnel on
November 30, 2006, Mr. Barnett stated that DWQ is seeking assurance that future land
disturbance associated with residential home construction will not adversely affect
aquatic resources on-site. According to Mr. Barnett, this assurance could best be
achieved by filing deed restrictions or similar legal mechanism for residential lots with
the appropriate local municipalities to prohibit activities resulting in adverse affects to
water quality or existing drainage patterns from future stormwater management.
The proposed project for which 4oi Certification is requested is limited to construction
of roads and attendant infrastructure to serve the residential development. LRC will not
be responsible for developing residential homes on the property, and it is anticipated
3

Additionall-{formaiion -1VWP2~/GC84o2 &3495PCN December 8, 2006
Grey Rock Development WECProjectNo. 02-0905
that residential lot development will be conducted by multiple third parties over a period
of several years upon completion of infrastructure development. However, LRC intends
to amend the existing Declaration of Covenants Conditions And Restrictions for Greyrock
At Lake Lure to prohibit future residential lot stormwater management that adversely
affects water quality, as well as existing and restored (i.e. culvert removal) drainage
patterns. A draft copy of this revised document, including proposed amendments has
been provided for DWQ review (Appendix A). Upon DWQ review and approval, these
amendments will be filed with the appropriate local municipalities to provide protection
of aquatic resources on-site in perpetuity.
Conclusion
WEC appreciates the opportunity to provide the USACE and DWQ additional
information regarding the proposed project. Based on the submittal of the requested
information, we respectfully request USACE and DWQ authorization for construction of
the proposed road corridors to serve the Grey Rock Development pursuant to NWP No.
2~ and GC Nos. 3402 and 3495 respectively. Please contact the undersigned at T7o-59i-
999o if you have any questions regarding this request.
Sincerely,
WETLAND & ECOLOGICAL CONSULTANTS, LLC
Jason E. Morrell
Project Ecologist
-~~
J mes R Fudge IV, .,
Managing Member
Enclosures: Table i -Proposed Culvert Removal/Stream Restoration Segments
Figure 1-Proposed Stream Restoration Areas
Figure 2 -Revised Plate Arch Bridge Typical
Appendix A - Amendment to Declaration of Covenants Conditions and
Restrictions for Greyrock At Lake Lure
cc: Mr. Andrew Devin -Land Resource Companies
Mr. Roger Edwards -North Carolina Division of Water Quality
Mr. Lovick Evans - LCE Engineers
Ms. Cyndi Karoly -North Carolina Division of Water Quality (4 copies)
Mr. Dave McHenry -North Carolina Wildlife Resources Commission
Mr. Lee Prescott -Land Resource Companies
Mr. Mark Rogers -Land Resource Companies
Mr. Jim Wiggins -Land Resource Companies
4

Additional Information -NWP 2~/GC34o2 and 3495 PCN
Grey Rock Development
December Zook
WECProjectNo. o2-o~i9o5
Table i. Proposed Culvert Removal/Stream Restoration Segments on the Grey Rock
Development, Rutherford County, North Carolina.
Restoration Areal Existing Pipe/Fill Length (ft.) Latitude Longitude
i 20 35° 30' i7.4"N 82° i3' 8.87,.W
2 75 35° 30' 21.48"N 82° 12' 57.84~~W
3 30 35° 30' i2.8"N 82° 12' 13.19"W
4 45 35° 30' 13.63"N 82° 12' 12.61"W
5 25 35° 30' i3 87"N 82° ii' 58.54"W
6 50 35° 30~ 24.93"N 82° ii' 45.55'~W
7 40 35° 30~ 33.49"N 82° ii' 35.64"W
8 30 35° 30' 21.68"N 82° 1i' 22.93"W
9 60 35° 30' 37 89"N 82° ii' i6.2i"W
io 60 35° 30' 36.74"N 82° ii' 15.26"W
1i 50 35° 30' 7.27"N 82° 12' 11.88"W
12 50 35° 30' 1o.6g"N 82° 11' 34.53°W
i3 30 35° 30' 12.21"N 82° 11' 3o.94"W
14 50 35° 30' 7.2"N 82° 11' 31.28"W
15 35 35° 30' 7.61"N 82° 11' 3o.46"W
16 50 35° 30' o.51"N 82° 12' 13.34"W
17 50 35° 29' 52.13"N 82° 12' 14.65.,W
18 35 35° 29~ 49.2"N 82° 12' 9.99~~W
lg 25 35° 29' 46.85"N 82° 12' 3 64"W
20 40 35° 29~ 39.49"N 82° 12' 21.68"W
21 30 35° 29' 37.22"N 82° il' 43.86"W
22 40 35° 29' 35 27"N 82° 11' 17.86"W
23 20 35° 29' 24 o9"N 82° 12' 46.18"W
24 30 35° 29~ 24 64"N 82° 12' 26.7..W
25 35 35° 2g' 22.43"N 82° 12' 29.84"W
26 35 35° 2g' ll.o3"N 82° 13' 1.64"W
27 30 35° 29~ 7.96"N 82° 13' 1.34"W
Total: 1070
1 Restoration area numbers refer to stream culvert removal locations depicted on the attached Figure i.

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The installation of the structural plate arch is proposed to minimize the impact to the spanned creek system. ~; ~
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1) The footers are planned to be no closer than ten (10) feet to the top of bank of the creek. This will allow for the footings to be located within natural soil away
from any floodplain area. This will keep from impacting the existing creek and will not disturb the creek riparian zone. ;'
2) Silt barrier fencing will be placed between the footing exaction and the creek bank. i
3) All footing excavations spoils will be placed uphill of the footing excavation area and away from the creek area.
4) if groundwater is encountered within the footing excavation, the bottom of the footing excavation will be filled with #57 washed stone to bring the excavation above
the groundwater level. This will keep any footing construction above and out of any groundwater.
5) All concrete truck wash out will be done in wash out area away from the creek zones.
Source: LCE Engineers, Inc.
Grey Rock Development -~ Figure 2
Buncombe & Rutherford Counties, WETLAND ^& ECOLOGICAL Revised Plate Arch Bridge Typical
North Carolina CONSULTANTS, LLC WEC Project No. o2-o~i9o5
Woodstock Ga.

APPENDIX A
Draft Amendment to Declaration of Covenants, Conditions
and Restrictions for Greyrock at Lake Lure

Return after recording to:
Andrew Devin
Land Resource Companies, LLC
2000 RiverEdge Parkway, Suite 580
Atlanta, Georgia 30328
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE AND
COUNTY OF RUTHERFORD
Reference: Deed Book 3827
Page 764-855
AMENDMENT TO DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS
FOR
GREYROCK AT LAKE LURE
This Supplemental Declaration is made this 6~' day of December, 2006 by LR Buffalo
Creek, LLC a Georgia Limited Liability company ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the developer of GreyRock at Lake Lure, a subdivision located in
Buncombe County and Rutherford County, North Carolina; ("Property");
WHEREAS, Declarant. recorded that certain Declaration of Covenants, Conditions, and
Restrictions for GreyRock at Lake Lure on November 2, 2004 in Deed Book 3827, Page 764-855 in
the Office of the Register of Deeds for Buncombe County, North Carolina and on October 29, 2004
in Deed Book 858, Page. 122 in the office of the Register of Deeds for Rutherford County, North
Carolina (as amended, the "Declaration");
WHEREAS, pursuant to Section 15.2(a) of the Declaration, Declarant may amend the
Declaration at any time during the Development Period to bring any provision into compliance
with any applicable governmental statute, rule, regulation, or judicial determination or to satisfy
the requirements of any local, state or federal governmental agency;
WHEREAS, the property owners within the Community must comply with the
requirements of the rules adopted by the State of North Carolina with regard to wetlands, streams

and protected stream buffers;
WHEREAS, the North Carolina Department of Environment and Natural Resources,
Division of Water Quality is a governmental agency of the State of North Carolina ("Agency") and
the Agency mandates that the Declaration be amended to include the deed notification requirements
of Title 15 A North Carolina Administrative Code 2H .0500 and impose additional restrictions on
the Community with regard to water quality issues; and
WHEREAS, the Development Period is in effect and the Declarant desires to amend the
provisions of the Declaration to be consistent with the requirements of the rules of the State of
North Carolina and to impose additional restrictions on the Community as mandated by the Agency.
NOW THEREFORE, Declarant hereby amends the Declaration as follows:
1. Section 10.15 of the Declaration shall be deleted in its entirety and the following
is substituted therefore:
10.15 Surface and Underground Water. Water Quality and Drainage
Pattern. Diking, draining, dredging, channeling,'` filling, leveling, pumping,
impounding or related activities,:. or altering or tampering with water control
structures or devices, or disruption or alteration of the restored, enhanced or
created drainage patterns on any Lot within the Community is' strictly prohibited.
In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out''of any streams or wetlands by any means,
removal of wetlands, polluting or discharging into waters, springs, seeps, streams
or wetlands is strictly prohibited. Upon commencement and completion of
construction activities on any Lot the Lot -Owner shall at all times observe stream
buffers and setbacks and shall use best management practices to avoid disruption
of existing drainage patterns and. to avoid the discharge into protected surface and
underground waters. Such practices may include, but not be limited to, the
installation of level spreaders and outlet stabilization structures.
2 Section 10.16 of the Declaration shall be deleted in its entirety and the following
is substituted therefore:
10:16 Wetlands. Stream Buffer or Stream Areas. All areas designated on
a recorded plat as "wetlands," ""stream buffer" or "stream" shall be generally left
in a natural state, and any proposed alteration of the wetlands, stream buffer or
stream areas must be in accordance with any restrictions or covenants recorded
against such property and be approved by all appropriate regulatory bodies. Prior
to any alteration of a Lot, the Owner shall determine if any portion thereof meets
the requirements for designation as a regulatory wetland, stream buffer or stream.
In addition, a portion of the Lots in the Community have been determined to meet
the requirements for designation as a wetland, stream or protected stream buffer.
Any fill or alteration of these designated areas shall conform to the requirements
of the state rules adopted by the State of North Carolina in force at the time of the

proposed alteration. The intent of this provision is to prevent additional wetland,
stream or buffer filling or draining, so the Lot Owners should not assume that a
future application for filling or draining would be approved. The Lot Owners
shall report the name of the subdivision in any application pertaining to said rules.
This covenant is intended to ensure continued compliance with all rules adopted
by the State of North Carolina and therefore the State. of North Carolina may
enforce benefits. Notwithstanding anything contained in this Section 10.16, the
Declarant, the Association, and the successors, assigns, affiliates and designees of
each may conduct such activities as have been or may be permitted by the U.S.
Army Corps of Engineers and/or the North Cazolina Department` of Environment
and Natural Resources, Division of Water Quality or any successor thereof
responsible for the regulation of streams, stream buffers; and wetlands.
3. Except as modified herein, the Declazation shall remain in full force and effect and
shall, from and after the effective date hereof, apply to the Property. This Amendment shall be
effective upon its filing for record in the Public Records of Buncombe and/or Rutherford County,
North Cazolina and shall be binding upon and inure to the benefit of all owners of Lots in the
Community and their respective heirs, executors, administrators;` legal representatives, successors
and assigns.
4. This Supplemental Declaration was prepazed by Andrew Devin, 2000 RiverEdge
Pazkway, Suite 580, Atlanta, Georgia 30328.
IN WITNESS WHEREOF, Declazant has caused this instrument to be signed and sealed
as of the date and yeaz first above written.
[SIGNATURES ON FOLLOWING PAGE]

DECLARANT:
By: LR Buffalo Creek, LLC,
a Georgia limited liability company
By: Land Resource Group, Inc., a Georgia
corporation, Its Manager
By:
Andrew R: Devin
Executive Viee President
STATE OF GEORGIA
COUNTY OF FULTON
I, , a Notary Public of County;- Georgia do hereby certify that
Andrew R. Devin personally appeared before me this day and acknowledged that he executed the
foregoing instrument for the purposes therein contained and who further acknowledges that he
executed the instrument as Executive Vice President of Land Resource Group, Inc., a Georgia
corporation, on behalf of such entity, as the; Manager of LR Buffalo Creek, LLC, a Georgia
limited liability company.
WITNESS my hand and notary seal at office, this ~ day of , 2006.
_ Notary Public
(NOTARY SEAL).
My Commission expires: