20150496 Ver 1_More Info Received_20150710

Fox, Tim
From:
Fox, Tim
Sent:
Monday, August 03, 2015 9:06 AM
To:
'Greg Hoffman'
Cc:
Price, Zan (George)
Subject:
RE: Pond Repair- Highland Basha Macon County
Greg,
I will work on getting the approval letter out this week
Thanks,
Tim
Tim Fox - tim.fox @ncdenr.¢ov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Resources —Water Quality Programs
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: Email correspondence to and from this address may be subject to the NC Public Records Law and may be
disclosed to third parties.
From: Greg Hoffman [mailto: Greg .Hoffman @Mcgillengineers.Com]
Sent: Friday, July 31, 2015 4:31 PM
To: Price, Zan (George); Fox, Tim
Subject: RE: Pond Repair - Highland Basha Macon County
Thanks! Have a great weekend,
Greg Hoffman, PE
Project Engineer
MD.Gt�T ES
55 Broad Street I Asheville, NC 28801
Phone: [phone] Fax: [phone]
Rre2 .hoffman @mczillenzineers.com I www.mcgillengineers.com
From: Price, Zan (George) [mailto:Zan.Price @ncdenr.eov]
Sent: Friday, July 31, 2015 4:28 PM

To: Greg Hoffman <Greg. Hoffman @Mcgillengineers Com>; Fox, Tim <tim.fox @ncdencgov>
Subject: RE: Pond Repair- Highland Basha Macon County
Greg,
Assuming the LLC's only activity is owning property and not rentals, real estate development, etc, they will not need to
be registered with the NC Secretary of State to apply for a 401 Water Quality Certification.
Contact us if you have additional questions.
Regards.
Zan Price, P.E.
NCDENR - Division of Water Resources
Water Quality Regional Operations Section
Assistant Regional Supervisor - Asheville Regional Office
2090 U.S. Hwy. 70
Swannanoa, N.C. 28778
ph.: 828- 296 -4500
fax: [phone]
email: [e-mail]
website: www.ncwaterouality or¢
Notice: Per Executive Order No. 150, all emails sent to and from this account are subject to the North Carolina Public Records Law
and may be disclosed to third parties.
From: Greg Hoffman rmailto:Greg Hoffman@MCaillengineers Com]
Sent: Friday, July 31, 2015 7:23 AM
To: Fox, Tim
Cc: Price, Zan (George)
Subject: RE: Pond Repair - Highland Basha Macon County
Tim,
Taking a moment to follow up regarding the Highlands Basha project in Highlands.
Thanks,
Greg Hoffman, PE
Project Engineer
Mc! G"
A S, &-6 C Y A T. Y S
55 Broad Street I Asheville, NC 28801
Phone: [phone] Fax: [phone]
[e-mail] I www.mcgillengineers.com
From: Fox, Tim [mailto:tim.fox @ncdenr.Rov]
Sent: Tuesday, July 28, 2015 7:29 AM
To: Greg Hoffman < Greg [e-mail]>
Cc: Price, Zan (George) <Zan.Price @ncdenr.gov>
Subject: RE: Pond Repair - Highland Basha Macon County
Thanks Greg,

I am verifying our interpretation regarding this matter. I'm in the field today but will get back with you as soon as I can.
Tim
Tim Fox- tim.fox @ncdenr.gov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Resources— Water Quality Programs
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: Email correspondence to and from this address maybe subject to the NC Public Records Law and maybe
disclosed to third parties.
From: Greg Hoffman [mailto :Gres Hoffman(&MCgillenoineers Com1
Sent: Monday, July 27, 2015 2:52 PM
To: Fox, Tim
Subject: FW: Pond Repair - Highland Basha Macon County
Tim,
Following up on our phone call, below is the response from my client where he explains his interpretation of the state
law requiring corporate registration in North Carolina. I'll forward the follow up a -mails as well.
What we're trying to avoid is the time it takes to register the corporation in North Carolina so that the project can be
built this fall
Thanks,
Greg Hoffman, PE
Project Engineer
M55 Broad sheville, NC 28801
Phone: [phone] Fax: [phone]
greg.hoffman@mcgillengineerscom I www.mcgillengineers.com
From: Howell Ferguson [mailto:fergusonhl @aol.com]
Sent: Tuesday, July 07, 2015 12:44 AM
To: Greg Hoffman <Greg .Hoffman @Mcgillengineers.Com>
Cc: Mark Cathey < Mark .Cathey(@Mcgillengineers.Com>
Subject: Re: Pond Repair- Highland Basha Macon County
3

Greg,
I will send you a separate email with attachments, but basically NC law does
not require registration by an out of state corporation or LLC if the only
activity is owning property. Highlands Basha LLC is properly registered and in
good standing in Fla, and its only activity in the NC is ownership of the
property in question.
Thus there is no need to be registered with the state of NC as far as I can tell
Please let me know if more is necessary.
Thanks, Howell
From: Greg Hoffman
Date: Friday, June 26, 2015 at 10:27 AM
To: Howell Ferguson
Cc: Mark Cathey
Subject: FW: Pond Repair- Highland Basha Macon County
Howell,
Attached is a review letter from the Division of Water Resources. Kneed your help in answering comment number 3 on
the attached letter. I'll work on getting the other comments addressed and a response submitted soon.
Thanks,
Greg Hoffman, PE
Project Engineer
@MCG jA
55 Broad Street I Asheville, NC 28801
Phone: [phone] Fax: [phone]
greg .hoffman(@mcgillengineers.com l www.mcgillengineers.com
From: Fox, Tim [mailto:tim.foxPncdenr.gov]
Sent: Friday, June 26, 20151:24 PM
To: Greg Hoffman
Cc: [e-mail]; Leslie, Andrea J
Subject: Pond Repair- Highland Basha Macon County
Greg,
Add info letter attached. Let me know if you need to discuss and I will make sometime available next week.
Have a good weekend.
Tim
Tim Fox - tim.fox(@ncdenr.eov
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Resources— Water Quality Programs

2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Notice: Email correspondence to and from this address may be subject to the NC Public Records law and may be
disclosed to third parties.

McGill
A S S O C I A T E S
July 8, 2015 .a"e"on of Waergesoun
J
Mr. Tim Fox UL 10 2015
North Carolina Division of Water Resources LWtAo`-Ee r Quen4�Re41onal Opel
2090 U.S. Highway 70 �_s4onr,� orris_
Swannanoa, North Carolina 28778
RE: Response to Comments
Pond Improvements
Macon County, North Carolina
Dear Mr. Fox:
Please allow this letter to serve as a response to your request for additional information
dated June 25, 2015. Below you will find a point by point response to your comments in red
text.
1. Provide Agent Authorization form.
Attached to this letter is one copy of the agent authorization form.
2. Provide detail for outfall for the proposed 78 LF 36" DIP.
The outlet pipe will be partially submerged and, as a result, an outlet structure is not
proposed. The pipe invert is proposed to be 3637.8. The water surface elevation was
surveyed to be 3639.68.
The applicant, Highland Basha, LLC, is a corporate entity not registered with the North
Carolina Secretary of States Corporation database. Please provide proof of certification
of authority from the NC Secretary of State.
The applicant, Highlands Basha, LLC is a corporation that is properly registered and
in good standing in the State of Florida whose only activity is ownership of the
property in question. Attached to this letter please find a certification from the State
of Florida Department of State indicating proper registration in the State of Florida.
4. Provide a narrative to explain and justify how the cold water release design will meet the
surface water quality temperature standard for class C waters (15A NCAC 02B.0211).
Temperature: not to exceed 2.8 degrees C (5.04 degrees F) above the natural water
temperature, and in no case to exceed 29 degrees C (84.2 degrees F) for mountain and
upper piedmont waters and 32 degrees C (89.6 degrees F) for lower piedmont and
coastal plain Waters.
The proposed cold water release structure at the Highlands Basha, LLC lake is located
j in the downstream portion of the lake, near the spillway, and in the deepest portion of
1 the lake. The overall impoundment is shallow, with normal pool elevation of 3644 and
55 Broad ftm P.O. Box 2259 plc 828.252.0575
Asheville, Norlh Ca®lina 29801 Asheville, North Carolina 28802 f: 828. 252.2518 w.vm,niq llenaia,en.aorn

bottom elevation of 3638.5. The bottom (intake) elevation of the cold water release has
been set at 3640 or approximately one foot above the bottom leaving only 10 inches
between the concrete box, that anchors the stricture and connects to the outflow pipe,
and the bottom of the cold water release intake. The intake depth of the cold water
release structure of approximately 4 feet below normal pool elevation is thought to be
both sufficient to reliably discharge the coldest water in the lake and is the lowest the
structure could be designed without increased risk of maintenance problems and
sediment clogging. It should also be noted that the receiving water body, Monger Creek,
is not a designated trout stream.
If you have any comments or questions regarding this submission, please do not hesitate to
call me at (828) 252 -0575.
Sincerely,
McGILL ASSOCIATES, P.A.
Grffin an, PE, CPE SC
Project Engineer
cc: Mr. Howell Ferguson
File (w/ enclosure 1 copy)
RU014 \14.00184\[ Uett \DWQTrensmiMl UUa Wuly2015.&c

State of Florida
Department of State
I certify from the records of this office that HIGHLANDS BASRA, LLC is a
limited liability company organized under the laws of the State of Florida, filed
on June 10, 2002.
The document number of this limited liability company is 1,02000014328.
I further certify that said limited liability company has paid all fees due this
office through December 31, 2015, that its most recent annual report was filed
on April 17, 2015, and that its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Sixth day of July, 2015
IV
Secretary of State
Tracking Number: CU4639201517
To authenticate this cenincate,visit the following site,enter this number, and then
follow the instructions displayed.
https:// se rvice s.sunbiz.org/Filings /CeftincateOf Status /CeftincateAuthentication

AGENT
PROPERTY LEGAL DESCRIPTION:
DEED BOOK NO.3U DEED PAGE NO, 12804281
PARCEL ID: 7439994825 & 7QZ)9757C
FORM
STREET ADDRESS: 852 Dillard Road PB hlg ands North Carolina
Please print:
Property Owner: Hinldands Bashn LLC
Properly Owner: c/o Howell Ferguson
'Ilse undersigned, registered properly owners of Ilia above noted property, do hereby authorize
Greg21-YHoRi II an ,or McGill Associates„ L& (Contractor/
Agent) (Name ofconsnitingflnn)
to act on my behalland take all actions necessary for die processing, issuance and acceptance orthis pemrit
or certification and any and all standard and special conditions allached.
Property Owner's Address (ifdilferent than property above):
P.O. 13.

Telephone: fM 228-
We hereby certify fire above infornraton submitted in this application is true and actuate to tire best of our
IuroAvledge.
Ant rindSigunhue Author led Signatare
Date:
Date: