20071867 Ver 1_401 Application_20071107

r'-
I~ WanETxtM
Letter of Transmittal
0 7- 1 8 6 7 WT189-02
If transmitted items are not as noted, notify writerimmediately.
To: Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699
Attn: Kevin Barnett
RE: Billy Queen Residence
We are transmitting 7 copy(s) of the following:
Certificate for Payment No. Discs
Contract Change Order No. Drawings
Construction Change Req. No. Field Mea
X Copy of Letter X Plans
X Other: Pre-Construction Notification Application Form
For your: Action As Requested
Approval Distribution
Remarks:
Date: October 19, 2007
Transmitted By: X Regular Mail Overnight Delivery
Hand Delivered
Picked Up By:
Other:
Prints Specs.
Product Literature Tracings
sure Plans Samples Work Orders No
Shop Drawings
Information X Review/Comment Use
Records /Files Signature
Enclosed please find the Pre-Construction Notification Joint Application Form for the Billy Queen Residence at 138
Sorrells Cove Road, Waynesville, NC. Also enclosed please find a proposed site plan, trout buffer exhibits, and a
check for $200 made out to the North Carolina Division of r Quality.
-~ ~
~r) ~ ~ I lJj
Job No. ZZZ2007-01A ~ _ _ ~; ~n~
` .~- ~ ~,
By: Charles J. Chesty ~- --~ ~ I
war ~:: ~ - ~ - ---°--°
Lori Beckwith, US Army Corps of Engineers ~~ ~~~~
Gray Hauser, NCDENR Division of Land Resources -Land Quality Section
Marc Pruett, Erosion Control Specialist, Haywood County
cc: Billy Queen
TNT
~.
r~ ~ ~'~ 1 Z~~l Two Town Square Blvd.
Suite 245
~E~B - irdAr~R GlU.hLIiY Asheville, NC 28803
~-TIAiV[1:3.k~LD :T~~yf'<u.~i ER 3RANCH
~~ -~
Z o
.~
~~ -~
a~
g ~ ~ ~2
L~ ~ ~ ~ ~ 1
~J
828.687.9500
800.482.2864
828.687.4090 fax
www.wadetrim.com

Office Use Only: Form Version March OS
07- 1 86 7
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ® Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
D ~~~~ ~ ~a :~~3
II. Applicant Information ~~~
h! ~~ `~~ ~ 2001
Owner/Applicant Information
Name: Billy Queen ~~F~~ - ware c~u~~irv
Mailing Address: 769 Locust Drive
Waynesville, NC 28786
Telephone Number:~828) 400-1880 Fax Number:
E-mail Address:
2. Agent/Consultant Information (if applicable). A signed and dated copy of the Agent
Authorization letter must be attached if the Agent has signatory authority for the
owner/applicant.
Name: Chuck Christy
Company Affiliation: Wade Trim
Mailing Address: 2 Town Square Blvd.
Suite 245
Asheville, NC 28803
Telephone Number: [phone] Fax Number:~828~ 687-4090
E-mail Address: cchristy(a~wadetrim.com
Updated I1/1/2005
Page 5 of 12

III. Project Information
Attach a vicinity map cleazly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the fiill-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: BillYQueen Residence
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 8605-13-8424
4. Location
County: Haywood Nearest Town: Waynesville, NC
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): 0.7 miles west of Great
Smoky Mountain Expy (tJS-23 & US-74) along Plott Creek Road (S.R, 1173), then 0.2 miles
north of Plott Creek Road (S.R. 1173), to 138 Sorrells Cove Road (S.R. 1174)
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.4783 °N 83.0253 °W
6. Property size (acres):
7. Name of nearest receiving body of water: Eaglenest Creek
8. River Basin: French Broad River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing 0.52 acre site contains one sin a family
residence, a driveway, a drainage culvert, and an unnamed roadside ditch tributary to
Eaglenest Creek. Adjacent properties are also residential.
Updated 11/1/2005
Page 6 of 12

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed work includes removing approximately 20 feet of 18" culvert pipe, placement of 40
feet of 24" culvert Qpe, relocating the roof drain, placing native trout buffer vegetation, and
any minimal ding associated with such activities. Construction equipment will likely
consist of a small backhoe.
11. Explain the purpose of the proposed work: The proposed work is intended to provide
proper site drainage, restore the trout buffer and provide more permanent protection for the
trout buffer.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules. Previous site work has been found to be in violation of trout buffer
regulations. Previous site work involved grading around the building~ad, construction of a
house, and adding stone to the driveway. Enclosed are letters from Haywood County dated
September 28, 2007 and a from NCDENR Land Quality Section dated October 4, 2007 for
reference.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
There is no future work anticipated at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Updated 11/1/2005
Page 7 of 12

1. Provide a written description of the proposed impacts: Removal of 18" culvert,
placement and extension of 24" culvert in an unnamed tributary to Eaglenest Creek.
2. Individually list wetland impacts (if applicable). Types of impacts include, but are not
limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc.
For dams, separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres}

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: N/A
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial 3tremame Impact Area
Number Stream Name Type of Impact °r Width Length of
(indicate on Intermittent Before (linear Impact
map) ?
Impact feet) (acres)
1 Unnamed Culvert Intermittent 3 inches 20~ 0.002
2 Unnamed Culvert Extension Intermittent 3 inches 40 0.005

Total Stream Impact (by length and acreage) 60 0.007
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List the cumulative impact to all Waters of the U.S. resulting from the roject:
Stream Impact (acres): 0.007
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (lineaz feet): 60
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or lineaz feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The site is currently in
violation of the 25' trout buffer and the nrimazv reason for site work is to restore and more
permanently protect the trout buffer. Further restoration beyond the currentlyproposed site work
would be prohibitively costly and because the already completed site work has been partially
stabilized, additional restoration would require more impact within the buffer.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 lineaz feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 9 of 12

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrP/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Updated i UI/2005
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigatian is required calculate the required amount of mitigation by applying the
buffer multivliers.
Zone* I Impact I Multiplier I Required
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
uPaatea i titrzoos
Page 11 of 12

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Total site area is 0.52 acres, Total existing
impervious area is 0 04 acres (7 69%) and there is no additional proposed impervious area.
Roof drainage will be released to overland sheet flow over naturally vegetated terrain.
XII. Sewage Disposal (required by DWQ)
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.
A septic tank and septic drainage field are currently in-use for the residence
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this anafter-the-fact permit application? Yes ® No ^
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Work on-site is for a single family residence and no additional development is anticipated.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Current site violations are required to be corrected by Oct. 26 2007 to help prevent legal action
and additional fines to the home-owner. Therefore a timely response would be appreciated.
~ Applicant/Agent's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1!2005
Page 12 of 12

`.Ilf ~~'['J`~II ~.~".TIC"!I`.l I ~ ~f~l`. Fr~,i
f_31LL1' :~~UEEN (APPLICANTjO`~PwNEf
1 .58 SORRELLS COVE RD. (S(~ 1 1 , I
F1-a~r~~'~~OOC~ COUNTY, v~iAYNES'~'ILLE, 1~~1~;:
Y , ~ K c'~r ~ . ~1.j
c
r~
e, ((n __
t\ I ~`I `,! ~ ~ 6~ U
"cal.:: - VVA7~R 1~U~1t 11 ,~
~~ t ",Pitt ?:,w,~ ~,Tr~M!.~AT ER 3rZ,0.~lt;Fti
7 - ~
- ~~ - ;~--
V1~ir.
r~.
d~ ,'~
f~ Y'
-~ ~aY
zC '~-
~` i t
wn-en W8y to
gy
,~
l
Q
6
'm
-a
~~, ai~~ Q
m
?W,ti C~~ ,~
~. ~' R. ; L Q ~`
a
~ ova }J',usir, iry,.~y
Q S T
~// ry.. '.`~ w N
!'' K %j = C
R
S~ ~
G
~ ~ ~`V" Gt''gK Rd
V¢L f
~`*~ Q
F~~slttc' WaY
Plcrt, Cre~~~ A ~
U u
M
`}
~1f.1EEN
I~E~~InLl~1c~
~)VE1=>
`;f1Ef T
WADETRIM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
?~~.i. -
I'~::~~~~h - -
I inf. ~ --
Lk BY: SwF COMP BY": -
(~K B'Y: CJC SRVY BY: -
~I (1 {~ is
_- Z Z Z 2 C; .;~ 7
1
SHEET: OF 1 Z
L
0
U

PHOTO #1 LOOKING SE FROM UPSTREAM OF DITCH.
~.. .r ~, `~ _ ,. ,
;,
_ ~}.~,
,~ ~
,~^
~ ~` ~ rya" ;; +. ~ ~, ,a'~< *~~
..~ „x 1" ~ ds ~~ ~ ~
,~ Yx'$e a Y4 tqq~~ ~ ~4~~ .y ~ r ~ .'v ^^'+XMI. ~: i ~ 4~,~j fy'~ ~`x
PHOTO ~2 LOOKING NE AT FRONT OF HOUSE hND GRADED AP.Es.
::~ ~<:7
'4:^..
~-~
~,
9.' 'f a.
t,a~ `~ .
~ ~ 6 ~T"~ ~

~ ~
a ~
y e ~- a .: -'~i1~n .*o.r ~ -..w.. .~
°^'
iw,"~.. ~ ~ ,~ -.;~'+•,*~: . '''~ ~ .fir ,3 ~.
_ .~ a
~~~EEN
I'E`~If )EN~:E
~xi~~Tir,i~ ::;>Ni,iTi~:;~~~
I~ W~nET1uM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundatbn of excellence
~~~~ - r

Uk LAY: B~~^~F COMP BY:
CK [3Y: G1C SFZVY BY:
I~_j~ _ LLL1i~„7
SHEET: ? OF ~~'

PHOTO ~3 LOOKING NVJ AT 18" CPP AND EROSION CONTROL MEASURES INSTALLED.
~.; ~ r ; '„ter ' ~,
$' ~ ~. .,;
i q.~ +u
n. W ^~ • y,
r -~ +
3 ~ s-.,~~ ,+r
.
~
r ~r
. ~- y
~ ~ ~r 4`
:'~ i ~ ~
w
~
i
~
M't
'

mss- ^~°'~«
~ ~~
~ " ~ ~. ~~,
~
~~ „~, ' .rtl1
~~ '~' ~'
. . ,a a
~ ~.
~,ywy, ..
~~ w
« ~~' .•
-'_.i
z
#,~{'+~
5~x.

8{„ti
~ .
^
x,.. _ ~'.
.::;:.
_4
~! '«q e:
r ~.,
i
W~ ..
,..
..
~

.s
w d ~(~ Y.
h t~
~
,~,Gy th ,'~ie-;
'r
~
~ ~ ~ .w
i
yak , ~j,;@,~
r ~
,
~~ i v'~+`4 '~' i~ ~
r .2~ ~
+. .
r
`+'
t `~ "', ~ !

~
M' y.yy~, ' ~ `v{y d h ~' _
3 ~
~
1
~a. F +fwiFi ~r
~
,~,
v
PHOTO ~4 LOOKING NW AT DITCH FROM DOWNSTREAM.
.-~~ ~~
jam..,..
`~t~N ,~~;,,
"fi"r 5
~' i ,~
.N ~ ..
.7
r. ~,yR r..~ _
T ,i_a J` ~"` ,}tip, ~,~fa,.;
.. ~
~. '~ A~=,76~' 3S
..., Is .. .. ,.. ';
M .. _.
'lP y~; ;..,gyp. ~r.t* - ~~,
1x./fl •^l'~k^' .,:'emu,...... _ ,
CtiUEEN
~?E`~;IDENCE
I rl`~TINC; ~;:)NL'ITIOfJ`;
WADETRIM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundatan of excellence
_-_ - - -

(;K BY: CJC SRVY BY:
I~)~~ ZZZ?OC)7
`:HEFT: (iF ~ ~'
L
6
~~

~~
~~; ~ I~
''r i
~ ~
J:3
..... ~
i
~ <t
ww
~`
:.t ~ ~ L
P I
'~
~ ~
~
.~~ % ~ ~ ~
~I ~
--

-- ~~
i
I N
~
~ ~
F- ~, ~~
W
~
U ~ i
i
Cv
w
J
Q

~

i

:'v

-. -,

I i
I

i
b-`

O
_~
0. ~
EE""'.
.E .I',E ~~CE
L~ T,~TI"`~T
WADETRIM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
-
;EC• - -
// ~G; T
~i

SHEET: 4 vF `~

M~ `
w0 (~ ii
m
/1 /~ .- J
/C `'
V j
r /
.~ r o ~ jw /
OJ, ~ ,.T a .i '"
~~ N I ,y = '
® `~ x
w __
~ S i 5 '13'E
\ _ 24.9'
~~
~.~
~ L~
W
:V
11J
f
W
Z
H J
ar
~~
x
Ow
o: a
ao
a~
as
~~~
',,
~
°`gs„ ~
.
~
r
/
~
~ . ,C I
- ~ /
~ 3
i
~ ~
1 ;~ v
,}. , ~~
2~
. 1 J
~ /.J ~.
J ~ ~ ? ~ I~`J( ~.
/

i 'i-'~ %
` _ ~,r~~ /
~' ~-
`

..
{
gip
C~.
`,
i
a~~
J J1 ~
.i
V
d`y' P s
hm~ w -
n yt X ~ .-;
r
~
J
,
~~-

f
,~ •s. ~ ~ ~
, ' =%

i I W / :

mss O~ ~~ ._

I
±
~ ~ ~
J '1
w LJ ;
i
,. ~
e e
~,,j / ry V
~ w
Z
~

W
~/
/ ! - _
~ i~

~ 1'_
L ~ I
.
LLI J
i J j J _.~
i V~~ w
Q
~ ~ W
~ ~
LLI ~
= m
--_l ~~-\ _......_~
O
+r
I
,:.. _,f.. :..
i_._;
II ,.~~
W ~ `t,

i
1
.x E E'
~E :I E ~~cE
~, ,
EXii _TI' ~'
"`ITI,,,;~~
v~.~:~ .~
I~ WaDET~M
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetdm.com Building relationships on a foundation of excellence
E ~~~ .

~~ ~.~~~NF ~;
-
<~~: -
. ~
.~

r,1 ;~
'
: ~ZL 1n ,,
_i a
;:HEFT: ~; "E 1

~.EE
,E~:~; -E~~,E
T ~ ;.T ;"FFE =:
E;~ ~ .=~ IT
I~ WanET~uM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
-
;E~; - -
.
-~ zz'

i .'..-t ~
v :
ff : 7 J ~-~n-
l v ~
._. , .,
::HEFT: ~~ :~F

v m
I k
~.
`, „~ m
m r~
i....
i
D~D ~ ~ g~g
X °~ ~ d
f oomSo
~~~ f
3 ti g n a
~ ~ ~~
? ~ ~
~ o wo
a ~
s ~,
M
m °' l`J
~_ y
N ~
H A
0
v
a
0
AX
N
~
_ ~
~ C ~
~ ~ C!)
rn
f~ x ~ ;
m
~

I

I ,
_ -

I
I

,, ; r

r.
~;
c:~
c~
-~~ , ,.
~,

~

--< ...~

~;~ ,. ,

-
i~
~.,
.~,

CJJ
.

- "'
- • _~

I
I
I I
`:;A.FE I"v FEET
FILL AND COMPACT
WITH COMPATIBLE
SOILS OVER
CULVERT 345 SF
(33 CY)
~"°""" .... ~ TROUT BUFFER / '"*""
Q~OG - 'Zf ~ 0+160 T_
--t---~`i=--~---1- - --
~ -° - -- -`
ATTACH CMP AND CPP JOINT
WITH 2 LAYERS OF WRAPPED
6 OZ. NON WOVEN
GEOTEXTILE FABRIC 4FT WIDE
ON CENTER OF SEAM.
0-90
'""'~
EXI~T"4Pd~ ~IN}T~
~ ~ ~ ,
r
^~
~~
-- '~ ~ ~ Ma-~E ``"
`~
'- ~'~80 ~
__ .
\~~\~ ~.
__ - -,
~;
-;<fi

2 \
IONSTALL 40 LF OF 24"~-~-~ ~""
I
CPP AND FILL WITH
SUITABLE SOIL TO MATCH
O TOP OF BANK.
1
REMOVE EXISTING 18"
CPP AND INSTALL
APPROXIMATELY 30 LF
OF 24" CPP.
`T~~G
~TeG
~~F~
REDIRECT ROOF DRAINS TO
FLOW ONTO EXISTING
UNDISTURBED VEGETATED
GROUND COVER WITH
POSITIVE GRADE TO
UNDETERMINED CREEK AT
BACK OF PROPERTY.
.~ ~.
'~
'~*r ..~,,~
TR~V r gUFF~E"R+.
Q -~-_
-
°`2
~ ~C
-,
2
~ ~_•
2 -~- ~ ~y 9 3
PROPOSED 24" ~" `` \ ~
INVERT APPROXIMATE ~.,,
0.5' BELOW EXISTING
GRADE. RELOCATED -
STONE HEADWALL.
(T) i'Vade Trip, Tro,ip, Irc.

I.iUEE
E ~1::E\ E
~~I\ v ,~ _, ~ .,.~
WADETRIM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
JE..

~~;.
t _...
- ,~., ~~ ,r,,,_ -
.~ ~~-

SHEET: ~? '.;E '2

1"=40' HORIZONTAL
1 " =4' VERTICAL
UNDISTURBED
GRASS/YARD
0+60 2870
2871 -- - 2869
2870 - 2868
2869 ~ 2867
2868 *~ 2866
2867 2865
2866 2864
2865 A 2863
2864 ',_ !__''_
0 2862
EXISTING 24'
CULVERT
EXISTNG
1 +50 GRADE

286! (TYP)
SILT FENCE
286£ PROPOSED
GRADE
286; (TYP)
286E 2864 - - -
286`. 2863 - --
286 2862 -
\s,
286: 2861 '; _',
286: 2860 ''--+
286 2859 --
2861 2858 !--'-'-
285! 2857
285! 2856 '--+-
2869
2868
2867
2866
2865
2864
2863
2862
2861
2860
2859
2858
2857
-25 0
EXISTING 1 S"
CULVERT
PREVIOUS
SLOPE
UNKNOWN
1 +80
it
i
285 2855 ''-
2851 2854
x
:~
285:, 2853 '_ -
-25 0 -25 0
SILT FENCE
2862
2861
2860
2859
2858
2857
2856
2855
2854
2853
2852
2851
-25
2+10
0
EXISTNG
GRADE
(NP)
SILT FENCE
PROPOSED
GRADE
(TYP)
PROPOSED
GRADE
(TYP)
~.
E::TI:•>:~_,
~: ..,
I~ WanETiuM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
:E;. - - -
~~,..,
.~
=~ ~ ~~
,, . ~. „~„s-, ~,.~. -

J~'~ _K ~~ .~,L,ll. .
`SHEET: ~~ "F '
1 +20
GRAVEL

J
~~
Q)
~k~ ) J ! ~
0JF +~ it
o~% ~ ;
~~ ~ ,
t /~_~ ,
i / ,
4 /~c
If
Wy f
>J
~;
:~ ~ ~ , ~.~
~~ ~~ ~
~ `~ i
/\ , .
~/ ~ w :~ `' '~' ~ ~ %~
\ s
~ ~ 4 4 ~
...\ r ~. .r s '~~
,~ ~ :~ ~ ;
\ , ~ ~'~
~~~~ y ~r
w
..~ ~ ~ „-
\., ~ f }~ J~~ ~ w
:\ ~ ~ I .._...
i
,~ J
~ r /
W W
LL
~~
~ i.
'J J I' t
\ l
.._. , . ..... I~
W ( c1.
/~ ~
., ' ~ v W
Q ~~
! ~ ~ ~ ~ ~
~ 1=
w „~
'~
_,
.., ~ ~ ~ ~
~ ~ j,
~ F-
~ ~
.~ ~ ~ ~.
~ ~~~ 1
i
~_
`,
;.
,E ,I~E~';E
~. ,
L,=,;~
WADET~tiM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
ET. -
..,". rr TE
.~

,` ~ 1# ~Z ~ ;`;

GENERAL NOTES:
BEST MANAGEMENT PRACTICES (BMP'S) AND CONTROLS SHALL CONFORM TO FEDERAL, STATE, OR LOCAL REQUIREMENTS OR
MANUAL OF PRACTICE, AS APPLICABLE. CONTRACTOR SHALL IMPLEMENT ADDITIONAL CONTROLS AS DIRECTED BY PERMITTING
AGENCY OR OWNER.
DISTURBED PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITY WILL BE STOPPED FOR AT LEAST 14 DAYS, SHALL BE
TEMPORARILY SEEDED. THESE AREAS SHALL BE PERMANENTLY SEEDED NO LATER THAN 21 CALENDAR DAYS FROM THE LAST
CONSTRUCTION ACTIVITY OCCURRING IN THESE AREAS.
DISTURBED PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITY HAS PERMANENTLY STOPPED SHALL BE PERMANENTLY
SEEDED. THESE AREAS SHALL BE SEEDED NO LATER THAN 14 DAYS AFTER THE LAST CONSTRUCTION ACTIVITY OCCURRING IN
THESE AREAS.
DUE TO THE GRADE CHANGES DURING THE DEVELOPMENT OF THE PROJECT, THE CONTRACTOR SHALL BE RESPONSIBLE FOR
ADJUSTING THE EROSION AND SEDIMENT CONTROL MEASURES (SILT FENCES, ETC.) TO PREVENT EROSION. AND POLLUTANT
DISCHARGE.
GRADED SLOPES GREATER THAN 3:1 REQUIRE EROSION MATTING.
TROUT BUFFER NOTES:
ALL SEDIMENTATION AND EROSION CONTROL MEASURES SHALL BE INITIATED AS SOON AS PRACTICABLE.
NO WORK TO BE PERFORMED IF RAINING OR THREATENING RAIN, UNLESS INSPECTOR IS ON SITE.
DISTURBED AREAS WITHIN THE TROUT BUFFER WILL BE TREATED WITH TOPSOIL, SEEDING, MULCH BLANKET, AND LANDSCAPING
(NATIVE TREES & BRUSH).
CONTRACTOR TO HAVE NATIVE GROUND COVER ACQUIRED/READY/STOCKPILED AND TO BE INSTALLED WITHIN 21 CALENDAR DAYS
OF FINAL GRADING.
;. E E'
E`>I)E~`;E
v"TE
I~ WaDETiuM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
E". - - -
,,..

„ ~. - _ ,
`SHEET: ~~~E

ORB MAXAC_C_C W/ N7R WOVEN WIRE FENCE (MIN. 14-1/2 GAUGE,
AS DICTq TED ByTL~C~C'MRE FENCE ~ MAX. 6" MESH SPACING)
RfOUIREMENT 6, 8 MAX. C-
S MAX. C-C K7 HOU t RARE FENCE
~- ~ 54' MIN. STEEL FENCE POSTS,
A DRIVEN MIN. 24" INTO
-- .---- __.- -~ _ . ~ ~~ GROUND.
COMPACTED BACKFILL ~ %.~~H /7~ %~f ~5:~ ~-"_...F_-,._ ~ ~_I I ~I _`_i~__. ` ~ ~-....-~~-~ ~ ~..- OVER WIRE FENCE
f~0~
A
ELEVATION
WOVEN WIRE FENCE (MIN. 14 1/2 GAUGE.
MAX. 6" MESH SPACING) MATH GEOTEXTILE COVER
FlNISH GRADE VgACKIFILLV
FLOW 1
--~- J
'~~\~'V~'~~ A `'~ ~
UNDISTURBED ~\ ~~~%i ~~~ /\\~ ~ ~~ ~ C
GROUND z ~+~\/~
~ 4"
v TRENCH
A-A-SECTION
J F~O~
F7N~5~
P0S7S: STEEL EITHER T DR U TYPE.
FENCE: WOVEN WIRE, 14-1 /2 GA. 6" MAX. MESH OPENING
x ~ FABRIC: 1. AMOCO 1798
a
~ `i 2. BELTECH 810
v m 3. MIRAFI 130X
4. UNC GTF 190
5. SI 915 SC
EXTEND WIRE FENCE A
MIN. OF 2" INTO TRENCH
-EMBEDDED GEOTEXTILE FABRIC
MIN. 8' INTO GROUND
W/Min. 4" LAID ALONG BOTTOM
OF TRENCH
1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE TIES.
2. GEOTEXTILE TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES SPACED EVERY
24" AT TOP AND MID SECTION.
3. WHEN TWO SECTIONS OF GEOTEXTILE ADJOIN EACH OTHER THEY SHALL BE OVERLAPPED
BY 4 FEET AND FOLDED.
4. MAINTENANCE SHALL BE PERFORMED AS NOTED IN THE EROSION CONTROL PLAN. COLLECTED MATERIAL
SHALL BE REMOVED WHEN "BULGES" DEVELOP IN THE SILT FENCE.
5. ALL SILT FENCE SHALL INCLUDE WIRE SUPPORT UNLESS INDICATED OTHERWISE
SEDIMENTATION/SILT FENCE
N.T.S. J r
FOR ADDITIONAL
SILT FENCE
C.EE\
~L:1~-;E~~.E
~JIL E ~OIv\
>ETAI L>
WADETRIM
Two Town Square Boulevard, Suite 245
Asheville, NC 28803
828.687.9500
FAX: [phone]
www.wadetrim.com Building relationships on a foundation of excellence
SEC. - - -
tlJ~ „
~; :~ E ,,;.
;' ~ .. ~! : - ~ %.I of ,- ..5 '' .

~<
~.~ H E ET: ' ~ '~% E ''

I1~ W~ETIUM
Oc#ober 19, 2007
NCDENR
Division of Land Resources, Land Quality Section
1612 Mail Service Center
Raleigh, NC 27699
Attention: Gray Hauser, PE
Re: Billy Queen Residence
Dear Mr. Hauser:
9.1`5~n 1~
PJ~b' ~ 2001
r~Er~h - W,4T~k ~l~!~i.li ~r`
W~Tt.:4N1; e,~;~ u i ^?R~;~t. j~TER 9r7A~IGH
We have been working with Homes America and Billy Queen in response to the °Notice of
Violations of the Sedimentation Poltution Control AcY° dated October 4, 2007 received from
NCDENR, Division of Land Resources, Land Quality Division for the property at 138 Sorrells
Cove Road in Waynesville, NC. This home site has been found to be in violation of a 25 foot
trout stream buffer on an unnamed tributary to Eaglenest Creek.
The previously performed site work includes construction of a house, grading around the_
building pad, and adding stone to a driveway entrance. The total linear feet of disturbance
caused by the previous site work is approximately 93 linear feet (parallel to the unnamed
tributary). Cun'entty the house encroaches into the trout buffer by approximately 8 feet, and
affects approximately 16 linear feet (parallel to the unnamed tributary). The #otal property
length along unnamed tributary is 2301inear feet Soil erosion blanket, and sift fence have
been placed to stabil'~ze the site.
To restore and further protect the trout buffer, we are proposing to:
Replace approximately 20 feet of 18" culvert with an equivalent Length of 24" pipe
Place an additiona140 feet of 24" culvert pipe
Restore approximately 1300 square feet of buffer with native vegetation
Reroute the roof drain away from the trout buffer
The proposed work is intended to enhance the site drainage by utilizing a continuous 24"
culvert and °nesting" the outfall 0.50' below grade. The proposed culvert lengthening would
also protect the unnamed tributary from additional sedimentation pollution resulting from the
home site and fill slope. Native vegetation is planned to restore the buffer and further
stabilize the fill slope. The roof drain is also to be rerouted to avoid a direct discharge within
the trout buffer. Below is a table showing the previous disturbance, proposed disturbance,
and proposed restoration.
Wade Trim, Inc. 828.6$7.9500
Two Town Square Boulevard 828.687.4090 fax
Suite 245 www.wadetrim.com
Asheville, NC 28803
~ • • • ~ ~ • e

Page 2
Mr. Gray Hauser, PE
October 19, 2007
Previous
disturbance Proposed
disturbance Proposed
Restoration Total
Site
Linear feet 93 52 58 230
S uare feet 2180 640 1300 9830
Proposed impacts have been minimized by proposing only the grading necessary to relocate
the roof drain and install the 24° culvert. Further restoration beyond the currently proposed
site work could become prohibitively costly and because the already completed site work has
been partially stabilized, additional restoration would require more impact within the buffer.
The proposed work is only considered to be a temporary disturbance. Once the culvert pipe
is installed properly it will not cause any disturbance and will better protect the enclosed
tributary from sedimentation pollution. Likewise the native vegetation on the stabilized slope
will also help protect the tributary by slowing and treating runoff. Once removed from the
buffer, the roof drain will not affect the buffer and instead assist in draining water away from
the buffer. The existing home is a fixed structure that would not cause additional disturbance
to the trout buffer if left in place, and because the roof drain diverts the roof runoff away ftom
the buffer no impervious surfaces will drain into or towards the trout buffer.
The proposed construction sequence:
Day 1: Stage ail equipment and supplies on site, and place sedimentation control
measures
Day 2: Reroute roof drain
Day 3: Remove 18' culvert, place 24' pipe
Day 4: Place native vegetation
Sedimentation Control measures include silt fence., erosion blanket, and a stone check dam.
Enclosed please find a site plan and trout buffer exhibits for your review and consideration.
Also enclosed are the violation notices from Haywood Courrty and the NCDENR, Land
Quality Section.
Sincerely,
Wade Trim,~lnc.
,~ ~ ~ ..
C arles J. C ,~
Associate ~ ~'
7n~007-01A
cc: Kevin Barnett, Division of Water Quality
Lori Beckwith, USACOE
Marc Pruett, Haywood County
Billy Jack Queen

oae ~ Haywood County Erosion Control Program
~' . Haywood County Annex 11, 1233 North Main Street
Waynesville, N.C. 28786 Phone: [phone] Fa~c 828-452-6767
~ ~
Mt1~
NOTICE OF VtOLATK)NS OF THE HAYYYOOD
COUNTY SEDIMENT CONTROL ORDINANCE
(6enerai Stalda rwrti6as refer b The Sadmtuda5on Pol~Uon Cantos Adaf 1973, as antandad. and 9~e MGIC nimi6ats a3fer to rie NoM Caiofi~a AtatiMe Cade)
Oahe: Septefnber 28, 2047
CERTIFIED MAIL RETURN RECEIPT REQUESTED
(fN other d~ivery oonettg ar~ral notice]
70: Flonres Nrrerica
Ms_ Gail Aysare
18129 Cxeal Smoky Mbt. Foray
Wayrresvale, NC 28786
Mr. t~Ye Jack Queen
769 Loarst Drive
Waynesv~le, NC 287
Property ldentitn;ation # $~-138424
1 ~~~
gear ~ aysq,e a ~ aveen:
l)n SepOerr~er 28, 2007, persarmret of this office inspected yore property located at 138 Sorrells Cove Road a1 Waynesville. This inspection was
performed to determine axnplianoe path me Maywood County Sednr>errt Conird OrdinanoB, the SedimerdaUon PaYution Control Ad of 1873 tas
amended) and 15A 1Votnr CaroNna Adittinis~ve Code. The inspection revealed a tanditis>urbing artii+rky of appror6matety _2 plus or maws aces
beNg c~rrducted.
ft is our understanding That you arxUa your firm are respans~le for this tand~sWrbing Y. The purpose ~ fh~ letter is to inform you that tlr~
eCtivlry was forxtd to be to violation of the Haywood Coolly Sedrrrent Corm Ordinarx~ (hereatter'Ordnance'} and the 5edenlentation Potion
Central Ad d 1973 (hereaitet'Ad~ vrtdrln ~ farrnd ar NCGS 113A~50 >p 66, and Tine 15A, rbrtlr Car+o~la Admatietratitre Code, Cfiapter 4. We
need for you b notify this ofioe irlmnediatery b tints ice.
The violations were found are:
f. Failure b take an re~onabie m~srrres b protect an I and P~ ProP~Y >svm by such lend-disturbing activities. 15A NCAC
048.0105 and § 154.20 {A}(1} of the Haywood County Code of Oromanoes. t7ffsita __ oohed due to sediment wading into
Envirorrrrrenbl rtnenagerreent corrunissan fo ilea _mf_red trout vraters. _
g. Faikrre to retain along a take or nabxai watercourse a buffer zone of sufficient vri~h to rune visible siitanorn by nafrxal or artificial means
within the ~ percent of nrat portion of the ~tiufte~ zone} rtearest~ Taiii6mg a ar~lbr fanatic ~ provide along trout wafers an
und'isbubed butler mne 25 feet wide yr of t witch b oonfne visglle si~otr by nat~xat ~ arlniraai maarrs wittier the 25 pervert of tlrat
portion of the buffer zone nearest tine Iand~disM~bang activity, whidlev~ is the greater width. NCGS 113r4.57(1 }and 15A NCAG 48.0025(b} and §
154.20 (B~1 } d CAapter 154 of nb Haywood ccxnty code of ord:>anc;es. A butter ztxne of less than 25 feet ores provided along stream.
k. Paikrre to otrtaun gland-disturbing permk for less than i4 age of disturber! area.
E0 3~id t~JI213W17 S3NIOH b80iZ6Z9EE 85 ~5t L00Z/Zt3/0I

games America-Queen MOY
P~ge2
09f281D7
To totted these oblations, yatr neust:
Imneet~ely inadli sdegeeate eroaon and sedimentagon control mea~rres on site suffic~rt b protect adjacent properties as there is potential
for iurttrer damage b ooatr.
immedlamgr rsesbbrish the trout twftaer aorw. Contact the Director of the [livisan of Land R~orrCes b apply for a trout bul~x variance (lug.
F.M. Nevils, PE a Mr. Gray Hauser, t~ d 919-733.4574.
knreadiately apply b our o16a forthe less than X acne dralurbed area of d~turbareoa permd. (An erramption form for no land-dlsdirbirfg
actlvltles r~s signed and nobrfned.) (Gradieq sdivhtaa have taken place}. - .
Imetrediately provide graerrdcov~r sufficient to restrike ar~ion.
Contact the DWQ to apply for s 401 petrel for plidng a culvert uosskeg in a dasaMNd tract strsarn (Mr. Roger tcdreranb, t12Q-296.4500).
Contatd the tJS ACE t0 qty fdr i 404 parent for ptiCfrtg i Cuhrert crossing in i Clils5~e6d trOtlt etrftarre (Ms. tort Baclonitle, tl?6-2T1-7980r
ext.226)
Tha penny for ~ lrlktal vlatatlon ratre be an aue;smerrt of up to s5,tt00.00. A time period for oomptiance iS not required for enforoerrrent of
this vioaton pursuant fo NGGS 113A-61.1(c) arM trCGS 113A~64(ax1) ark § 154.99 of Chapter 154 of the Haywood County Code of
Or~eanoes. Ttrerefore, the initial violMion has t>aer- referred to the Haywood county se~rtrerrt Cwrtrol Board ark b pre Haywood County
Attorney for appropriate action.
Please be advised that 9 these violations are not cwrteded on a before 0ctobar 26, 2007, the tMywood County Sediment t;orr>lal Board and ttre
Haywood County Atbmey wiM be requested b twice legal at~orea a8airrat you pes5vaet to NC[y.S 113A•64 and § 154.74 {6) of Chaplet 154 of the
Haywood County Code ~ Ordinanoee. That action oa,ld be the assesarrent ~ an additional avi penalty orb the anoint may be up b 15000.00
per day for eadr day of the violation- The penalty melt' be from itre date the vioi~ore tr deieclad as per NCGS 113A-61(aK'!) and §
154.99 of the Haywood County Code of Ordirrezroes. If these violatiats are Detected wllhin the tirrre period specffed fa comp9ance, no further
leget action wit be pursued.
Please be advised that any rmwt~nd-dl~rbing ar~ivity associated with ~ projectmuat not begin unot ifre area presenNy ~xbed is brou~tt inbo
oomplanc:e with the Ordinance (c2rapta 154 ofttre Haywood County Code d Ordrrarrces)and the Act. When oorrectlv~e actia-s are aanpleta.
you should notify ttris office so the work can be med. You shadd Trot a~eatte tltat ttta property is in wrrrpfmrce wdh the Ordinance a the Act
until we have notified you. At~t irrst~aticrn, ~ eroewort onnbd measures mt~t be maunia~d tie proper warkxtg order urtW devebprrmnt is
oortrplele and the site is oomplelely stabilized.
We solir~t your , and would tike b avoid ~eforcartertt action. At the same time, it is your responsr b understand and
~orriply witir the regriirements of ore acrd tieAd A Dopy of the Ordiriariae for you is errdosed wifh tnia Notice. Co{r»ces of0fe relevant
Sraa,te ark adrriiriis~ive rorw may ba axanrirwd at this office atat tie Division of Envntand Natural t~esouroos, Land testy
Section in Ashevl7e, N.C. a wg be cent b you upon request. Should you have concerning ~ Notice or recp,irernents of the Ordkiance
and Act please Contact Mark Pruett et 828.52-6706. The Erosion Con6d Ofioe is now locemd at ttaywood Coursfy Mnex 0,1233 t~rth Main
Street, Waynesvge, N.C.
Per the Ordinarxa:, no building permits or septic pennitr Carr be issried for 1h~ tract until the requirerrrants of this NoOce d Yrola~" ns traNe been
met acct the sbe Cornea alb oompfmrice with ~ Ordriarioe and the act.
5noere~y,
r
Marc R. PniMt, C.P.ES.C.
F~osion Control Sp®ciatistf Haywood County
oc: f&r. Bruce Crawford (Budding tnspectioris), Mr. Steve Valentine (Envearmental tieabfr). Mr. Md Nevus (Daec6or of Lard tbtality), Mr. Nogsr
Edwards (Oepaltrrrerrt d Water t~uawty), Ms. Lori eeokwifti (us Army COE)
b0 3Jbd G~Ia~ti S3WOH D0bLZ6Z96£ 85~ST L00ZlZ0/OI

10/08/2007 1B: 26 3362921404 HOMES AMERICA PAGE 02
~~~
~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
DirECtor and State Caeologist WiNiam ~. Ross Jr., Secretary
October 4, 2007
NOTICE Ot= VIOLATIONS OF THE
SEDIMENTATION POILLUTIBN CONTROL ACT
CERTIFIED MAIL-7008 3~t50 OOD2 T©ti4 5135
RETURN RECEIPT RE UE TED
Billy 8< Tammy Queen -
769 Locust Drive
Waynesville, NC 28786
RE: Project Name: Queen Property
Project ID: FiAI(VNO-200&0(14
County: Haywood
Comptiance=Deadline: November 4, 2007 or 30 days from receipt
Dear Mr. 8~ Mrs. Qt~reen:
On Qctober 1, 2007, personnel of this office inspected a project located on Sorreils Cove Road, in
Haywood County, North Carotins. This inspection was performed to determine compliance with the
North Carolina Sedimentation Poltufion Control Act (Act) of 1973. The inspection revealed aland-
disturbing activity of approximately 93 feet being conducted.
It is our understanding that you and/or your firm are responsible for this land-disturbing activity. The
purpose of this letter is to inform you that this activity was found to be in violation of the Act, G.S_ 113A-
50 to 66, T'~tie 15A, North Carolina Admir-istrative Cods (NCAC), Chapter 4. if you feel that you are not
responsible fot the following violations, please notify this office immediately.
The following violations correspond to those outlined on the attached Sedimentation Inspection Report.
The violations that were fbund are:
5g. Failure to retain along designated trout waters a buffer zone 25 feet wide or of sufficient width to
confine visible siltation by natural or artficial means within the 25 percent of that portion of the
buffer zone nearest the land-distiurbing activity, whichever is greater, G.S.113A-57(1). A buffer
zone of lesg than 25 feet was provided along an unnamed tributary to Eagtenest Creek
(Class C, T~,out)_
!,~
-~ 20~! US Highway 70, Svrannanoa. North Card€na. 28778-8211
Telephone [phone] Fax [phone] ppe
- www.enrstate.nc.us N Carolina
M Equal ODOOrtunib! Aflkmadvs Action Employes atzr~allr~

10/08/2007 18:26 3362921404 HOMES AMERICA PAGE 03
Notice of Violations
Billy 8~ Tammy Jo Queen
Oc6ober 4, 2007
Page 2 of Z ,
To correct these violations, you must:
Submit a trout buffer variance request to: Gray Hauser. Land Quality Section,1612 Maii Service
Center, Raleigh, NC 27699.
The violations cited herein maybe referred to the Director of the Division of Land Resources (Director)
for appropriate enforcement action, includ+ng civil penalty assessments for an initial one-day violation
and/or a continuing violation. The penalty for an initial one-day violation may be assessed in an
amount not to exceed $5,OOQAO. The Division of Land Resources is not required to provide a time
period for compliance before assessing a penally for the violations cited herein. Please be advised that
a civil penalty may be assessed far the volations regardless of whether the violations are corrected
within the time period set out below.
!n addition, if the violations cited herein an: not corrected within 30 da of race' t of this notice or
before November 4 2007, whichever term is longer, this office may request that the Director take
appropriate legal action against you for con#inuing violations pursuant to NCGS 113A-61.1 and 113A-
64. A penalty may be assessed from the date of the violation, pursuant to NCGS 113A-64(a)(1), and
for each day of. a continuing violation in an amount not to exceed $5,000.00 per day.
Please be advised that any new land-disturbing activity associated with this project should not begin
until the area presently disturbed is brought into compliance with the Act. When corrective actions are
complete, you should notify this office so that work can be inspected. You should not assume that the
protect is in compliance with the Act until we have notified you_ After installation, aN erosion control
measures must be maintained in proper working order until the site is completely stabilized.
We solicit your cooperation, and would like to avoid taking further enforcement action. At the same`
time, it is your responsibility to understand and comply with the requirements of the Act_ Copies of the
relevant statute and, administrative rules may tae examined at this office or will be sent to you upon
request Should you have questions concerning this notice or the requirements of the Act please
contact either Shawna Riddle or me at your earliest convenience.
Sincerely,
~tr
Janet S. Boyer, PE
Regional Engineer
Land Quality Section
Enclosures: Sedimentation inspection Report
cc: Gray Hauser, PE, State Sedimentation Specialist
Roger Edwards, Regional Water Quality Supervisor
~:~LQ~Haywood~ES~sc~cwa-ooa Queen Propettywov 10 oa o7.doc

10/08/2007 18:26 3362921404 HOMES AMERICA PAGE 0d
Coaaty:~~y ~ Prtrject: ~J{ ~'1 YID Rive lrrtsia: ~U
ptrsoa tfoaociatty responsible: ~ 11 v~'~ Project # p~ • U(''~
Address: ~l0`1 t,GGkSh V~ hf'~ t f (~ NG L ~ ~ ~ Case x
1. Projectlocation:~RQE f Vc
Pktores: No: a Xes~ Prints: a Slides ^ Video: ^ nigital~
~. Weather And soil eondiBons: , Q!'l~ t ilA/1 [aitlaf iaspectioa: Y~ No: ^
3. is sttc currently ruder notice of violstioa? Yes: ~ Na-Q
4. is ibe site is eornpltaace with S.P.GA. and rates? Xes: ^ No:~ If no, cbcck viglations below:
S. Ysolsttons:
^ a No apprvvcd plan, G.3.113A-57 (4) and 13A N.C.A.C 49.0107(c)
[~ b. Faihue to follow spptoved plan, G.5.113A-57(5)
a c. Fsilurt to svbtnit revised plan, G.S.113A.-.S4.1(b) and
i5A N.C.A.C.4B.0118(a}
^ d. Failure to provide adequate groundcover, G.S. 113A-57(3) acid
i5A N.C.A.C. 4)3.Q)07(b) or l5A N.C.A.C. 4BAlZ4(e)
^ e. Insufficient measures to gain e~nem on site, G.S. 113A-57(3)
^ f. Faihm to take alt reasansblc measures. 1 SA N.C.A.C. 4$.0105
6. Potential riPDES Permit Violstioa? Yes: ^ No;~ Describe:
7. Han sedimentation darua~e ocearred since 1~ inspeeti0a? Yeg;e' Tf yes, wherc7 (click aq d~ apply) No: Q
LakeJiiatursl watercourse on the tract ~ Lakelnssurai watercrnirse off the tract: ^ Other property: ^ ~ G-"t'1'i' U 'i'~
Description: ~PG~rr'lenf ~as NA51y.{ rNfi can tn~n6,+A.vP ~ ihto~ }-o ~Q ~C17ts{~ t'v~ k.
Degreee of damage: atigb~ riwderrte : mere : ^ - -
8. Contsict aade witA (aarae): !w ~N~ - --- Tit1C•
Inspection report given: ^ of scat,; to person friaaClally [esponsrblc. Daic givetilsen~ ~ ~ .......__
9. CnrrecLHve actioLns,,needed: r
I rl .~I,~j1Gtt Vl ~ Y y(~ } l~I~ ~P Y VGY10t Y1l.C GdO~ VA.~ ~It t ((/~ Lt; r+0~ ~Jl~va.Q! '~
1.~~ ~~~~
>;o. Coraateats: N bYl~/ ~DYI ~ of 1~ S_5 -i'in n~/~ T 5 F ~ ~~G~ ~ vvv r d ~ tx (e?~~ A!'~
Report by:
~i g. L,adcquate buffer zanc, G.S.113A-57(1)
o h. {'traded slopes and fills too stoop,
G.S. 113A-57(2) or 15A N.C.A.C. 4B.O124(d)
^ i. Unprgteeted exposed slopes. G.S. l 13A-57(2)
j. Failure to tiuintaia erosion control measures,
t SA N.C.A.C. 4B.0113
^ k Other (describe)
Dstc o! iaspcction: ~~` ~ ~ 0 ~' '!C"+ote srriving on site: ~ Z. ~ ! S Time kaviag sibs: ~'Z ~ ~ ~_
Land Quality Section: 1040 U.S Highway 70. Swannanna, NC 2877$ (tgZB) ZY6-43UV
r,.,.-.~vr-.o~ ~,:~1„Ai~ ~ Eaalurf~s t cv:es!-tG L[-zw~.;) . ~3 ~-t- o f bN.~~ ~~ s_