20150726 Ver 1_401 Application_20150715

July 16, 2015
To: US Army Corps of Engineers
Dept. of Water Resources
151 Patton Ave. #208
Asheville, NC 28801
Dept. of Water Resources
2090 US Highway 70
Swannanoa, NC 28778
Wildlife Resource Commission
20830 Great Smoky Mountain Expressway
Waynesville, NC 28786
Re: 21 Chestnut Hill Road, Black Mountain, NC
NOV- 2015 -CV -004
After the fact permitting.
This package includes:
1.) Copy of the violation
2.) PCN Form with photos of existing culverts.
Please note the photos are labeled as follows:
I Upper most culvert
II Lower culvert
III Future culvert
3.) Response to Zan Price
4.) Request for new permit.
Thank you for your time and efforts,
G. ter Jensen, Property Owner
2f Chestnut Hill Road
" 0 150
72 6
JUL 2; D
2 2015
D4ENR•WAT
40f88UFFER ERM1AC S
G

AmT
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 7, 2015
CERTIFIED MAIL
RETURN RECEIPT REOUESTED — 7014 0510 0000 4466 6112
G Peter Jensen
21 Chestnut Hill Road
Black Mountain, NC 28711
SUBJECT: NOTICE OF VIOLATION
21 Chestnut Hill Road, Black Mountain, NC
NOV- 2015 -CV -0004
Failure to Secure 401
Removal of Best Usage
Buncombe County
Response deadline: June 8, 2015
Dear Mr. Jensen
Donald R van der Vaart
Secretary
On April 13, 2015, Zan Price and Andrew Moore from the Asheville Regional Office of the
Division of Water Resources (DWR) conducted a site inspection at 21 Chestnut Hill Road in
Buncombe County. On April 21, 2015, Zan Price and Tim Fox from DWR met you at the
referenced property.
Stream standard (Removal of Best Use) and 401 WQC violations were noted during the
inspections and file review. Stream Impacts to an unnamed tributary to the Broad River, a
classified C; Trout water were documented.
As a result of the site inspection and file review, the following violation was identified:
VIOLATIONS
Removal of Best Usage —15A NCAC 02B.0211 (2) — Approximately 200 feet of an
unnamed tributary to the Broad River a Classified C; Trout water was impacted by
removing stream substrate, representing Water Quality Stream Standard violation of 15A
NCAC 02B .0211 (2). Additionally, approximately 40 feet of the tributary was impacted
by the installation of two culverts
Water Quality Regional Opertations — Asheville Regional Office One
Location 2090 U S Highway 70, Swannanoa, North Carolina 28778 NorthCarolina
Phone [phone]M FAX [phone] Aahmally
Internet www ncwaterquality org
An Equal Opportunity I Affirmative Action Employer

21 Chestnut Hill Road
May 7, 2015
Page 2 of 3
II. Failure to Secure a 401 Water Quality Certification (WQC)
A review of records confirmed that neither the DWR nor the US Army Corps of Engineers
(USACOE) has received an application for a 404 Permit or 401 WQC, prior to the impacts
noted above. Such an application is required pursuant to Section 404 of the Clean Water
Act and Part 15A of North Carolina Administrative Code 2H.0500.
REQUIRED RESPONSE
The DWR requests that you respond by June 8, 2015. Your response should be sent to the
attention of Zan Price, Division of Water Resources, 2090 US HWY 70, Swannanoa, NC 28778
and should address the following items:
1. Removal of Best Usage —15A NCAC 02B.0211(2) and Failure to Secure a 401 Water
Quality Certification (WQC)
a. Please explain why these impacts occurred without prior authorization.
b. Please provide a map of the project area. The map must include all streams and
wetlands, detailing impacts both on- and off -site (i.e. culverts and/or stream
excavation)
c. Please provide a riparian vegetation plan to stabilize the streambanks where
excavation has occurred.
Two (2) options exist to resolve the violations related to the 401 Water Quality
Certification:
1. Apply to the U.S. Army Corps of Engineers for and receive a 404 Permit pertaining
to the culvert installations (and other fill impacts) that have occurred. A 401 WQC
will be required if the activities are permitted by the Corps. The application process
as described does not guarantee the impacts will be approved.
2. Restore the stream to pre- existing conditions.
a. includes the removal of the culvert impacts, restoration of the stream
channel as well as the restoration of the streambank and buffer along the
stream.
If pursuing Option 1:
1. Contact the U. S. Army Corps of Engineers to determine the permitting needs of
the activities you have undertaken.
2. Provide a proposed schedule of when you expect to have the required Pre -
Construction Notification (401 WQC application) submitted to DWR.

21 Chestnut Hill Road
May 7, 2015
Page 3 of 3
If pursuing Option 2:
Please submit a Stream Restoration Plan to this office for review and approval. You
must secure an environmental consultant experienced in stream restoration to assist you
with development of your plan and authorization necessary to achieve compliance.
The plan must include the removal of the culvert impacts, restoration of the stream
channel as well as the restoration of the streambank and buffer along the stream.
It is recommended that your consultant contact Mr. Zan Price of the Asheville Regional
Office for additional guidance during plan development. The plan should include the
proposed schedule with dates that indicate when you expect to begin and complete the
restoration work.
Once the plan has been implemented and is complete, a final report documenting
restoration of the stream should be submitted to Mr. Price
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Resources regarding these issues and any
future /continued violations that may be encountered. 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 Zan Price at (828) 296 -4500 or
zan.vrice(&,ncdenr.aov .
Sincerely,
G. Landon Davidson, P.G.
Regional Supervisor
Water Quality Regional Operations
Asheville Regional Office
cc: Karen Higgins, 401 & Buffer Permitting Unit
ARO File Copy
Tasha Alexander, US Army Corps of Engineers (email copy)
G \WR \WQ\Buncombe \Complaints \Chestnut Hill stream excavation\NOV 2015 -CV -0004 doc

OF W A TF�
Office Use Only
Corps action ID no
DWQ project no
- = Form Version 1 4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la Type(s) of approval sought from the Corps
Ell-section 404 Permit
1 b Specify Nationwide Permit (NWP) number or General Permit (GP) number
1c Has the NWP or GP number been verified by the Corpse ❑ Ye
El Section 10 Permit
1
Yes
❑ No
1 d Type(s) of approval sought from the DWQ (check all that apply)
2-401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e Is this notification solely for the record For the record only for DWQ
because written approval is not required? 401 Certification
❑ Yes [E'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
1 g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
1 h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2. Project Information
2a Name of protect
2b County rJ�: <<t G •�(�
2c Nearest municipality / town
2d Subdivision name
2e NCDOT only, T I P or state project no
1/ 3. Owner Information
For the record only for Corps Permit
❑ Yes
Q No
❑ Yes
[D'1lo
❑ Yes
[lNo
❑ Yes
2060
3a
Name(s) on Recorded Deed
- P �,^ > 15�✓!
3b
Deed Book and Page No
%` { I f Cx"I
3c
Responsible Party (for LLC if
' � �`( 41
applicable)
3d
Street address
3e
City, state, zip
I ��i ��� �``, �� f __JL T 1 1 1
3f
Telephone no
3g
3h
Fax no
Email address
r _ `x� _ t
� n (J 'J I
Page 1 of 10
PCN Form — Version 1 4 January 2009

4. Applicant Information (if different from of
4a Applicant is ❑ Ag
4b Name
4c Business name
(if applicable)
4d Street address
4e City, state, zip
4f Telephone no
4g Fax no
4h Email address
1 5. Agent/Consultant Information (if appli ble)
15a Name
5b Business name
(if applicable)
5c Street address /
5d City, state, zip
5e Telephone no /+
5f Fax no
5g Email address
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a Property identification no (tax PIN or parcel ID) I Q 6 I --+ 8 019 -4 )'10000 O
lb Site coordinates (in decimal degrees) Latitude Longitude IS 2 Z V
1c Property size ' f Z , '�. acres
2. Surface Waters
2a Name of nearest body of water to proposed protect LA -V' k fZ; vt r
2b Water Quality Classification of nearest receiving water C �' r
2c River basin F t t n v11 Qru �d
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
e
3b List the total estimated acreage of all existing wetlands on�the property
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
3d Explain the purpose of the proposed project
41c) ctcc
>/ 3e Describe the overall) project in detail, including the type of equipment to be used
11A
4.
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the ❑ Yes ff *No ❑ Unknown
Corps or State been requested or obtained for this property / Comments
project (including all prior phases) in the past?
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
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5. Project History
5a Have permits or certifications been requested or obtained for El 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 projects I ❑ Yes No
6b If yes, explain
Page 3 of 10
PCN Form - Version 1 4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
J
la Which sections were -completed below for your project (check all that
apply)
If there are perennial or intermittent stream
❑ Wetlands, Q"Streams — tributaries
❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
question for all stream
sites impacted
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 impact
Type of wetland
Forested Type of jurisdiction
Area of
number
Perennial (PER) or Type of
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary (T)
length
Permanent (P) or
W1 Choose one
Choose one
I Yes /No
(linear
W2 I Choose one
Choose one
I Yes /No
(feet)
W3 I Choose one
Choose one
I Yes /No
tA� Q r cs 4J
PER Corps
W4
Choose one I
Choose one
Yes /No
kNf a,v wd.
W5
Choose one I
Choose one
I Yes /No
Choose one
W6
Choose one I
Choose one
I Yes /No
S4
Choose one
2g Total Wetland Impacts:
2h Comments
S5
Choose one
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 (PER) or Type of
Average
Impact
number
intermittent (INT)? jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
tA� Q r cs 4J
PER Corps
4
20
S2 P
Culvert
kNf a,v wd.
PER Corps
4
2 C'
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
31 Comments
AP,r 4k't
3h Total stream and tributary impacts / O
Page 4 of 10
PCN Form — Version 1 4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds
the U S then individually list all open water impacts below
4a 4b 4c
Open water Name of waterbody
impact number (if applicable)
Permanent (P) or
Temporary (T)
the Atlantic Ocean, or any ot/open ater of
4d 4
Type of impact Waterbody Area of impact (acres)
Chose type oose
/Choose
Choose
01
I Choose one
02
I Choose one
03
I Choose one
04
Choose one
4g Comments
4f Total operxwater impacts
5. Pond or Lake Construction
I Yes /No -
B2 I
If pond or lake construction proposed, then complete the chart below
B3 I
I Yes /No
5a 5b
5c
5d
5e
Pond ID number Proposed use or
Wetland Impacts (acr )
Stream Impacts (feet)
Upland
purpose of pond
(acres)
Flooded Filled Vcavated
I Flooded Filled Excavated
P1 I Choose one I /
P2 I Choose one I ��
5f Total:
5g Comments /
5h Is a dam high hazard permit required? ❑ /es ❑ 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 npanan buffer, then complete the chart below
If yes, then individually list all buffer
impacts
below If any impacts require mitigation, the you MUST fill out Section D of this
form
6a. Project is in which protected basin?
/E] Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other
6b 6c 6d
6e 6f
6g
Buffer Impact Reason for impa Stream name
Buffer Zone 1
Zone 2
number—
mitigation impact
impact
Permanent (P) or
required? (square
(square
Temporary (T)
feet)
feet)
B1 I /
I Yes /No -
B2 I
Yes /No
B3 I
I Yes /No
B4 /
Yes /No
B5 /
Yes /No
B6 / I
Yes /No
6h Total Buffer Impacts:
61 Comments
Page 5 of 10

D. Impact Justification and Mitigation
✓1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or mini nize the proposed impacts in designing protect
✓
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a Does the protect require Compensatory Mitigation for ❑ Yes PJ'No
impacts to Waters of the U S or Waters of the State
2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps
❑ Mitigation bank
2c If yes, which mitigation option will be used for this ❑ ro Payment to in -lieu fee ram
protect? y p g
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
Type Choose one Quantity
3b Credits Purchased (attach receipt and letter) Type Choose one Quantity
Type Choose o Quantity
3c Comments
14. Complete if Making a Payment to In -lieu Fee Progfam
4a Approval letter from in -lieu fee p/temperatu
❑ Yes
4b
Stream mitigation requested
linear feet
4c
If using stream mitigation, streaChoose
one
4d
Buffer mitigation requested (DW
square feet
4e
Riparian wetland mitigation requ
acres
4f
Non - riparian wetland mitigation
acres
4g
Coastal (tidal) wetland mitigation
acres
4h Comments /
5. Complete if Using a Pe ttee Responsible Mitigation Plan
5a If using a permittee res nsible mitigation plan, provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 4 January 2009

i
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the protect result in an impact within a protected riparian buffer that requires I ".s E] No
buffer mitigation?
6b If yes, then identify the square feet of impact to each zone of the riparian buff that requires mitigation Calculate the
amount of mitigation required
6c 6d 6e
Zone Reason for impact Total impact Jul leer Required mitigation
(square feet) (square feet)
Zone 1
for Catawba)
Zone 2 1 5
6f T/mitigation mitigation required:
6g If buffer mitigation is required, discuss what typ is proposed (e g , payment to private mitigation bank,
permittee responsible riparian buffer restoratio nto an approved in -lieu fee fund)
6h Comments
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a Does the protect include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
1 b If yes, then is a diffuse flow plan included? If no, explain why
2. Stormwater Management Plan
2a What is the overall percent imperviousness of this protect?
2b Does this project require a Stormwater Management Plan?
2c If this protect DOES NOT require a Stormwater Management Plan, Oplain why
❑ Yes ❑ No
❑ Yes ❑ No
%
❑ Yes ❑ No
2d If this protect DOES require a Stormwater Management Play(, then provide a brief, narrative description of the plan
2e Who will be responsible for the review of the Stor water Management Plan?
3. Certified Local Government Stormwater Review
3a In which local qovernment's jurisdiction is thi4roject?
3b Which of the following locally - implement stormwater management programs
apply (check all that apply)
3c Has the approved Stormwater Man gement Plan with proof of approval been
attached?
4. DWQ Stormwater Program Re iew
4a Which of the following state implemented stormwater management programs apply
(check all that apply)
4b Has the approved Stop water Management Plan with proof of approval been
attached? �
5. DWQ 401 Unit Sto /4water Review
5a Does the Stormw /ter Management Plan meet the appropriate requirements?
5b Have all of the 01 Unit submittal requirements been met?
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other
E] Yes ❑ No
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006 -246
❑Other
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1 4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a Does the protect involve an expenditure of public (federal /state /local) funds or the ❑ Yes 21N_ o
use of public (federal /state) land?
1 b If you answered "yes" to the above, does the protect 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, 2rYes ❑ No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after - the -fact permit application? OYes ❑ No
2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)
Wild auk a eP1`7 �sr Yo l %yon( (te- nv. % k Ct,%\Vee -)
gotc.iLivc d% No qr..b,.. 0U-) 2 da,t -d Mai -4, to tS Nov- ZoIS -CV - 00646
3. Cumulative Impacts (DWQ Requirement)
3a Will this protect (based on past and reasonably anticipated future impacts) result in ❑Yes Z�N o
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 position (non - discharge or discharge) of wastewater generated from
the proposed protect, or available capacity of a subject facility
Page 9 of 10
PCN Form — Version 1 4 January 2009

V' 5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this protect 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
5c If es, indicate the USFWS Field Office you have contacted
y y =�'7��� �� ,� � d ������,ir1 r7
4
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? l- A^\`��1��
/ 6. Essential Fish Habitat (Corps Requirement)
6a Will this protect 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?
ji. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this protect occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes to
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'?
8. Flood Zone Designation (Corps Requirement)
8a Will this protect occur in a FEMA - designated 100 -year floodplain' ❑ Yes No
8b If yes, explain how protect meets FEMA requirements
8c What source(s) did you use to make the floodplain determination?
IJ L 45�
Applicant/Agent's Printed Name /�4ppllc gent's Signature Date
Wkgen signature is valid only if an authorization
letter from the applicant is provided )
Page 10 of 10

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July 16, 2015
Zan Price
Water Quality Regional Operations
2090 US Highway 70
Swannanoa, NC 28778
Mr. Price,
With regard to the area by the pond where I had moved some of the debris that had been carried
downstream during a major storm. I can state that we had placed some topsoil on top and spread
oat grass seed. I have not filled in too much in order to NOT disrupt the growth that is coming
back naturally. If you have some time in the future and you are close by, maybe we could go
over the area restored as it is right next to where I have applied for a new culvert with the US
Army Corps of Engineers.
Sincerely,
G. Pester Jens ; Property Owner
2�I Chestnut Hill Road
Black Mountain, NC

July 16, 2015
To: US Army Corps of Engineers
151 Patton Ave. #208
Asheville, NC 28801
Re: 21 Chestnut Hill Road
Black Mountain, NC 28711
To Whom It May Concern:
I, G. Peter Jensen, would like to request a permit for a 36' x 36" culvert as per photos marked III.
I plan to obtain a culvert with inside ribs to make it easy for salamanders, etc. to travel through it.
This culvert is at the start of a new road that I plan to construct for a new home site. The future
site is approximately 350" uphill from the stream.
Thank you,
G. P er J
1 ensen, Property Owner
2 Chestnut Hill Road
Black Mountain, NC