20131070 Ver 2_401 Application_20150415

David F Ramsey, P E- P S M
R &S Engineering and Construction Corporation
434 Skinner Boulevard
Dunedin, F134698
61 The Glens Boulevard
Banner Elk, NC 28604
webpage: www.ramseyengineering.com
727 409 -4639 e-mail davidf.ramsey(averizon.net 828 963 -5875
Professional Engineer Ohio - Florida -N Carolina -S Carolina- Georgia- Louisiana - Mississippi
Professional Surveyor Ohio - Florida -N Carolina
General Contractor Class A Florida CGC 010310 North Carolina 44555
Please reply to North Carolina Address
April 10, 2015
Ms. Karen Higgins
401 and Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 -1617
RE: Elk Creek of Banner Elk
DWR# 12 -1070
Dear Ms. Higgins:
Enclosed herewith you will find four (4) copies of PCN as requested and a copy of the Agent Authorization
Form for the aforementioned project.
Please review the enclosed and if you have any questions please do not hesitate to call or email
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Corps action ID no
o DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 12
PCN Form —Version 1 3 December 10, 2008 Version
Pre - Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a
Type(s) of approval sought from the
Corps
®Section 404 Permit El 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?
N Yes
❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
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
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a
Name of project
Elk Creek at Banner Elk
2b
County
Avery
2c
Nearest municipality / town
Banner Elk
2d
Subdivision name
Elk Creek
2e
NCDOT only, T I P or state
project no
NA
3.
Owner Information
3a
Name(s) on Recorded Deed
Elk Creek Development Company of Banner Elk, LLC
3b
Deed Book and Page No
403/1537
3c
Responsible Party (for LLC if
applicable)
Angelo Accetturo, Manager
3d
Street address
PO Box 725
3e
City, state, zip
Banner Elk, NC 28604
3f
Telephone no
828 738 -8005
2-- it
3 g
Fax no
DENR • WATER R -
3h
Email address
accetturoang @aol com
FERMITTWG
Page 1 of 12
PCN Form —Version 1 3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
® Agent ❑ Other, specify
4b
Name
David F Ramsey
4c
Business name
(if applicable)
R &S Engineering and Construction Corporation
4d
Street address
61 The Glens Boulevard
4e
City, state, zip
Banner Elk, NC 28604
4f
Telephone no
727 409 -4639
4g
Fax no
None
4h
Email address
Davidf ramsey @verizon net
5.
AgentlConsultant Information (if applicable)
5a
Name
David F Ramsey
5b
Business name
(if applicable)
R &S Engineering and Construction Corporation
5c
Street address
61 The Glens Boulevard
5d
City, state, zip
Banner Elk, NC 28604
5e
Telephone no
727 409 -4639
5f
Fax no
Non e
5g
Email address
Davidf ramsey @venzon net
Page 2 of 12
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)
185810451025
lb
Site coordinates (in decimal degrees)
Latitude 36 150N Longitude 81 865W -
(DD DDDDDD) ( -DD DDDDDD)
1c
Property size
11 0 acres
2.
Surface Waters
2a
Name of nearest body of water (stream, river, etc ) to
proposed project
Elk River
2b
Water Quality Classification of nearest receiving water
C, Tr
2c
River basin
Watauga
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version

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
The Elk Creek project site is within the town of Banner Elk and is a residential development with both
single family and multifamily components. The project was initiated by others in the late 2000's,
during this period, the main road was built along with utilities, several side roads and drives were also
partially graded and stabilized. Four condominium units (2 buildings with 2 -units each) were also
constructed by the original developer. The project became financially insolvent during the economic
downturn of the late 2000's and eventually was foreclosed. The current developer /owner purchased
the project from the bank and intends to complete the original plan with modifications.
The project site contains aprox. 646 linear feet of first order stream (UT -Elk River). The classification
of the Elk River at the confluence with UT -Elk River is C, Trout. Within the site boundary are 6-
areas of wetlands totaling about 0.14 acres. Four wetland units (W -1 to W -4) are located in a low
leg, previously graded area in the eastern part of the site. These wetlands are dominated by
herbaceous vegetation and are not high quality. Wetland units W -5 and W -6 are located adjacent to
UT -Elk River and are forested riparian wetlands.
Surrounding land use is as follows:
North: residential development including condominiums
East: Commercial corridor
South: Single family residential
West: Forested undeveloped lan d
3b
List the total estimated acreage of all existing wetlands on the property
0 14 acres
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
The project site contains 646 linear feet of UT -Elk River
3d
Explain the purpose of the proposed project
The protect purpose is to complete a residential housing development started by others
3e
Describe the overall project in detail, including the type of equipment to be used
The Elk Creek project was started by others in the mid 2000's and failed in the late 2000's. The current
developer /owner intends to complete the original project with some modifications. The approximate
17 acre site will contain 12 single family residential sites in the western, higher elevation areas
(approx.. 7.4 acres). The multi - family portion of the development covers approximately 9.73 acres and
consists of a mix of one and two unit condominium buildings in the central portion, and clustered
cottages at the eastern end of the site. All of the proposed wetland impacts will occur in the eastern
portion of the site around the clustered cottages. Typical equipment will be used as part of site
development: trackhoe, backhoe, bulldozer, and dump truck.
Page 4 of 12
PCN Form —Version 1 3 December 10, 2008 Version

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 ❑ No ❑ Unknown
Comments Wetland flagging and stream determination was
completed by ENV -ECS, Inc in 2013
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 ENV -ECS, Inc
Name (if known) ENV -ECS, Inc - John Vilas /Sean Martin
Other
4d
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
All JD info is attached
S.
Project History
5a
Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b
If yes, explain in detail according to "help file" instructions
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
6b
If yes, explain
Page 5 of 12
PCN Form —Version 1 3 December 10, 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
1 a Which sections were completed below for your project (check all that apply)
® Wetlands ❑ 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
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
Fill
Basin
❑ Yes
® No
® Corps
® DWQ
057
W2 ®P ❑ T
Fill
Basin
❑ Yes
® No
® Corps
® DWQ
007
W3 ®P ❑ T
Fill
Basin
❑ Yes
® No
® Corps
® DWQ
001
W4 ®P ❑ T
Fill
Basin
❑ Yes
® No
® Corps
® DWQ
033
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
098
2h Comments Wetlands have formed in a low, previously graded and filled area in the eastern part of the site It is not clear if
wetlands existed in this location prior to initial grading of the site by the previous owner in the mid 2000's The wetlands have
formed in depressional areas with compacted low permeability soils The wetlands are primarily herbaceous, have been
mowed periodically and are of only medium quality based on WAM
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) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P FIT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 6of12
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
6. Buffer Impacts (for DWQ)
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
you MUST fill out Section D
of this form
6a.
Temporary T
❑Tar- Pamlico E] Other
Project is in which protected basin?
❑ Catawba
01 ❑P ❑T
6b
6c
6d
02 ❑P ❑T
6f
6g
Buffer impact
03 ❑P ❑T
04 ❑P ❑T
Reason
Buffer
4f. Total open water impacts
Zone 2 impact
4g Comments
6. Pond or Lake Construction
If pond or lake construction proposed, then complete 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
I Filled
I Excavated
Flooded
I 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)
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.
❑ Neuse
❑Tar- Pamlico E] Other
Project is in 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)
Temporary T
impact
required?
131 ❑P ❑T
F] Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h Total buffer impacts
61 Comments
Page 7 of 12
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
The Elk Creek at Banner Elk project was initiated by others in the mid 2000's, the basic project concept and
layout were established at this time through the construction of roads and installation of utilities. While there
is no record of a previous wetland delineation, it is clear that area, where wetlands W -1 thru W -4 are located,
was altered during the initial phase of development. It is possible that these wetlands did not exist prior to the
initial site work. The proposed site work will result in impacts to 0.098 acres of wetlands in the proposed
cottage area. The cottage area is high density making it difficult to avoid impacts to wetlands, however, two
small wetland areas have been preserved
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
The wetland areas to be preserved will be clearly identified and separated from the remainder of the construction area by
orange fence and silt fence
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 ® 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
projects
❑ Mitigation bank
El 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
4b Stream mitigation requested
4c If using stream mitigation, stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
4f Non - riparian wetland mitigation requested
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 8 of 12
PCN Form — Version 1 3 December 10, 2008 Version

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 ❑ 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 9 of 12
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
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
lb
If yes, then is a diffuse flow plan included? If no, explain why
Comments
❑ Yes ❑ No
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
3873%
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
The stormwater management plan has been prepared by R &S Engineering and Construction Corp , David F Ramsey
P E The SWM plan consists of a detention /sediment basin with wet retention area, littoral shelf and a regulated
discharge See plans by R &S Engineering and Construction Corporation dated for details and calculations
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ Certified Local Government
❑ DWQ Stormwater Program
® DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
Avery County and Banner Elk
3b
Which of the following locally - implemented stormwater management programs
apply (check all that apply)
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ 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 10 of 12
PCN Form — Version 1 3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb
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)?
1 c
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
letter)
❑ Yes ❑ No
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,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
❑ Yes ® No
2c
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
3.
Cumulative Impacts (DWQ Requirement)
3a
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® 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
The project site is served by the Town of Banner Elk for both water and sewer
Page 11 of 12
PCN Form — Version 1 3 December 10, 2008 Version

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 ® 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?
Http \ \www fws gov \raleigh \species \cntylist \avery html
6.
Essential Fish Habitat (Corps Requirement)
6a
Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http \ \ccma nos noaa gov \products \biogeography \sa -efh\
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?
http / /gis ncdcr gov /hpoweb/
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
® Yes ❑ No
8b
If yes, explain how project meets FEMA requirements Only a small portion of the protect site lies within the 100 year
floodplain (zone AE) The project has been coordinated with the town of Banner Elk for compliance with the floodplain
ordinance requirements
8c
What source(s) did you use to make the floodplain determination? Town of Banner Elk Flood Maps (FIRM) and GIS data
from http / /www ncfloodmaps com/
David F Ramsey, Agent
04 -09 -15
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 12 of 12
PCN Form — Version 1 3 December 10, 2008 Version

' =iv°AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO.
Elk Creek at Banner Elk
PARCELID:
STREET ADDRESS: Elk Creek Drive, Banner Elk, NC 28604
Please print:
Property Owner:
Property Owner:
185810451025
Elk Creek Development Company of Banner Elk
Angelo Accetturo, Manager
The undersigned, registered property owners of the above noted property, do hereby authorize
David F Ramsey
(Contractor / Agent)
of R &S Engmeenng and C onstruction Corporatiom
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance 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):
PO Box 725, Banner Elk, NC 28604
Telephone: 8,2$ 7 {g_RO05
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
uaLc.
Authorized Signature
Date: