20070116 Ver 2_401 Application_20071207

' November 9, 2007
Ms. Amanda Jones
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
' 151 Paton Ave. Room 208
Asheville, NC 28801-5006
RE: Silver Creek Project
Ashe County, N.C.
404/401 Permit Modification Request
Action ID: 2007-213-305
DWQ# 07-0116 ~~t' a..
ENV-ECS, Inc.
643 Greenway Rd, Suite K-3
Boone, NC 28607
Phone: [phone]
Enclosed is a revised PCN application and associated maps detailing the request for a
modification to the existing permit. The original permit application from January 16,
2007 called for two bridged crossings on Bear Creek. The site plan changed to using only
one bridge crossing and the second crossing was changed to a culvert, which was
changed in the permit to Stream Impact Two. Stream Impact Seven is a new proposed
culvert installation for a private drive accessing two lots. Wetland Impact Two in the
original permit was eliminated with site changes; however the proposal for a pond
creation has created a new wetland impact now referred to as Wetland Impact Two.
Thank you,
Sean Martin
ENV-ECS, Inc.
Environmental Scientist
Cc: Steve Silver
Sue Homewood
Ron Linville
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Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. O `1 - O 1 \ to V ~
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I.
II.
Processing
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 39; NWP 33
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), chec D_ ~Ci n~
Applicant Information

DEC ~ - 2007
Owner/Applicant Information U6~:Ft - WAl'FFt t~UALi7Y
Name: Mr. Steve Silver kYEfIANQ.RASdD STfX2R,tlNRTGf! RRAhif:w
Mailing Address: Boone Development Organization
PO Box 2344
Boone NC 28607
Telephone Number: 828.963.8607 Fax Number: 828.963.8610
' E-mail Address: steve(a~boonecc.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: John Vilas
Company Affiliation: ENV-ECS. Inc.
' Mailing Address: 643 Greenway Rd, St. K-3
Boone, NC 28607
Telephone Number: 828.264.8880 Fax Number: 828.264.8890
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' Ashe County, NC ENV-ECS, Inc
USACE Action ID: 2007-213-305; NCDWQ# 07-0116

' E-mail Address: 'ohn env-ecs.com
III. Project Information
' Attach a vieini ma clean showin the location of t
t3' P Y g he property with respect to local
landmazks 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
boundanes 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 full-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: Silver Creek
' 2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Pazcel ID: 12342-167
' 4. Location
County: Ashe Neazest Town: Glendale Snrinas
Subdivision name (include phase/lot number):
' Directions to site (include road numbers/names, landmarks, etc.):_ NC Hwv 16 north from
Glendale Snrinas; turn onto Old Wilkesboro Road heading north for approximately 3 5
' miles, nro~ect site is on the ri lg it appearing as a Christmas tree farm access road
5. Site coordinates (For lineaz 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): 36.369322°N -80.615392°W
' 6. Property size (acres): 228.966-acres
7. Name of nearest receiving body of water: Beaz Creek

8. River Basin: New
(Note -this must be one of North Carolina's seventeen designated major river basins. The
' River Basin map is available at http:/Ih2o.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: Rural residential agriculture and forest land is the site
Silver Creek
Ashe County PCN Modification Page 2 of 11 Environmental Consultant
, NC

USACE Acti ENV-ECS, Inc
on ID: 2007-213-305; NCDWQ# 07-0116

' condition. The area surroundin the site is mixed rural residential a riculture and fore t 1
s and
as well.
' 10. Describe the overall project in detail, including the type of equipment to be used: The project is
the planned development of a residential subdivision consisting of 149 lots ranging between
1.0 and 2.6-acres in size. The overall property has been suryeved and estimated to be 229 acres
' in size. All roads throughout the property aze designed and sited minimizing_ stream and
wetland impacts. Subdivision roads onsite will be 18' wide and private drives will be 12' wide
all beins constructed using standazd excavation and construction equipment• backhoe track
' excavator, and bull dozer. Five stream crossings with permanent impacts and two permanent
wetland fill impacts are being requested in this permit modification
Stream Impact One involves removing an existing_ 18" by 16' concrete pipe u ading and
installing a 36" by 30' CMP along a section of Road "F" on UT-1 Stream Impact Two is a
' proposed 48" by 40' CMP along a section of Road "O" on UT-3 Stream Impacts Three and
Four are alone two adioinins sections of Road "K" and involve piping a combined total of 60'
on UT-3C and UT-3B with each culvert being a 36" by 30' CMP Stream Impacts Five and Six
aze both temporary crossings utilizin existing stream fords as part of site development on Bear
Creek. Stream Impact Seven is a permanent impact stream crossing along a perennial tributary
to Bear Creek, BC-2. This is a private drive with a 36" by 25' culvert for the proposed
' crossm~. This drive is located along Road "J" 350' below an existing_pond
Temporary impacts aze being requested in association with each permanent culvert installation
' wrth__the use of sandbae diversions during construction All associated impacts with the
temporary diversions will be fully restored to the original site condition following culvert
installation.
' Two permanent wetland impacts are bein requested as part of the permit modification
Wetland Impact One is part of a bridged crossing on Beaz Creek with a section of the
' subdivision road fillips in a portion of wetland unit BC-5 W Wetland Impact Two is the filling
and inundation of adiacent portions of wetland unit BC-SW south of the bridge and road
placement mentioned above. Wetland Impact Two is in conjunction with the construction of a
' proposed 1.55-acre offline pond
11. Explain the purpose of the proposed work: The intent of the proposed work is to create a
residential subdivision and associated road network throu the subject propertyproviding
access to all of the lots created in a manner that minimizes impacts to all streams and wetlands
delineated onsite. The proposed construction of 1 55-acre pond is for aesthetics as part of the
development commumty green space• it will help to attract wildlife for nature enthusiasts
' 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
Silver Creek PCN Modification Page 3 of 11 Environmental Consultant
' Ashe County, NC ENV-ECS, Inc
USACE Action ID: 2007-213-305; NCDWQ# 07-0116
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' certifications were issued or withdrawn. Provide photoco ies of reviousl issued ermits
P p Y P
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.I.P. project, along with
construction schedules. Application date: January 16, 2007
' 404 permit: March 13, 2007; USACE Action ID: 2007-213-305
401 ermit: March 16, 2007; NCDWQ# 07-0116
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.
' VI. Pro osed Im acts t W
p p o aters 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.
' 1. Provide a written description of the proposed impacts: Stream Impact One, 36" x 30' CMP
replacins an 18" x 16' concrete pipe on road "F" Stream Impact Two 48" x 40' CMP on
' UT-3 for road "O". Stream Impact Three a 36" x 30' CMP on UT-3C for road "K" Stream
Impact Four, a 36" x 30' CMP on UT-3B for road "K" Stream Impact Five a temporarX
crossins on Bear Creek. Stream Impact Six a temporary crossing on Bear Creek Stream
' Impact Seven, 36" x 25' CMP on BC-2 for road a private drive accessing two lots
Temporary impacts for each culvert installation as part of a sandbag diversion during
construction. Wetland Impact One fill for road construction in wetland unit BC 5 W
Wetland Impact Two, fill and inundation for pond construction in wetland unit BC 5 W
2. Individually list wetland impacts. 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 flnnci;no
Wetland Impact Type of Wetland v v Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
' (indicate on ma herbaceous, bo ,etc. Flood lain Stream (acres
Silver Creek PCN Modification Page 4 of 11
Ashe County, NC
USACE Action ID: 2007-213-305; NCDWQ# 07-0116
Environmental Consultant
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es/no) (lineaz feet
Wetland Impact 1 Clearing, grading, fill riparian no 35' 0.08
Wetland Impact 2 Fill, flooding riparian no 25' 0.22
Total Wetland Impact (acres) 0.30

3. List the total acreage (estimated) of all existing wetlands on the property: 70,168 sf / 1.61-
acres
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_ malt;nlv lenoth X w;rlth then ~i;~,;.iP 1,., dZ GF./1

Streamnbmpact

indicate on ma )
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact AIm act
Length
(lineaz feet) Area of
Impact
(acres)
Stream Impact 1 UT-1 Permanent-culvert Perennial 3' 14' 0.001
Stream Impact 2 UT-3 Permanent-culvert Perennial 4' 40' 0.004
Stream Impact 3 UT-3C Permanent-culvert Perennial 3' 30' 0.002
Stream Impact 4 UT-3B Permanent-culvert Perennial 3' 30' 0.002
Stream Impact 1 UT-1 Temporary Perennial 3' 3' 0.0002
Stream Impact 2 UT-3 Temporary Perennial 4' 3' 0.0003
Stream Impact 3 UT-3C Temporary Perennial 3' 3' 0.0002
Stream Impact 4 UT-3B Temporary Perennial 3' 3' 0.0002
Stream Impact 5 Beaz Creek Temporary Perennial 14' 10' 0.003
Stream Impact 6 Beaz Creek Temporary Perennial 14' 10' 0.003
Stream Impact 7 UT- Beaz Creek 2
(BC-2) permanent-culvert Perennial 4' 25' 0.002
Stream Impact 7 UT- Beaz Creek 2
(BC-2) Tem o
P ~'y
Perennial
4'
3'
0.0003
Total Stream Impact (Permanent /Temporary) 139'/35' 0.0182
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.5.). Open water impacts include, but are not limited to
fill. excavati~n_ dredvinv flnnrlino ~Irainaoa h„11-ha~ri~ a+..
Open Water Impact
Site Number Name of Waterbody Type of Waterbody Area of

(indicate on ma (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
ocean, etc. acres)

Silver Creek PCN Modification Page 5 of 11 Environmental Consultant
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USACE Action ID: 2007-213-305; NCDWQ# 07-0116

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the nrniP~t•
Stream Im act (acres): 0.0182
Wetland Im act (acres): 0.30
en Water Im act (acres): p
Total Im act to Waters of the U.S. (acres) 0.32
Total Stream Im act (linear feet): 139'/149'
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 linear 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.): darn/embankment
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
' local stormwater requirement, etc.): aesthetic, wildlife
Current land use in the vicinity of the pond: wooded
Size of watershed draining to pond: 13.85-ac. Expected pond surface area: 1.55-ac.
' 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 ro osed la out for the construction of a road
network accessing all of the tracts as part of
the Silver Creek subdivision was designed to minimize impacts to all streams and wetlands This
road network was devised using 2:1 fill slopes minimum subdivision road widths of 18' using
existing road Grades, where possible using existing_piped crossings and was sited minimizing
the costs of construction. The proposed stream crossings as part of the road network were
' necessitated in order to access portions of the site that would otherwise be inaccessible due to
Silver Creek PCN Modification Page 6 of 11 Environmental Consultant
' Ashe County, NC ENV-ECS, Inc
USACE Action ID: 2007-213-305; NCDWQ# 07-0116

complex stream networks as well as an existing out-pazcel property blocking access to a lazge
portion of the site. Analysis of the site design consisting of topog_raphv h~gy and property
boundary layout supports the proposed road network as that which results in the least amount of
impact to waters of the US while still meeting the desi n objectives of the project One bridge
crossing is proposed as part of the road network in order to avoid impacts to Beaz Creek Road
alignment at Stream Impact One was adjusted upslope in order to avoid bisecting UT-1 G
minimizing impacts to the head portion of the stream which is a seep transitioning from an
ephemeral drainage. At Stream Impacts Three and Four the crossings were sited along the base
of a hill slope minimizing fill azeas and culvert lengths along both stream channels Impacts were
avoided at wetland unit UT-2W by shifting the road aligmnent upslope and relocating temporary
sediment basins.
Stream Impact Seven on BC-2 is needed to gain access to two lots• 88 and 89 Ori ig Wally the site
plan called for a standazd subdivision road to cross BC-2 three hundred and fi feet upstream at
an existing crossing below the pond across an earthen dam Utilizing this existing, crossing would
provide access to the above two lots and two others 90 and 91 This existing crossing has been
determined to be adequate in accommodating a private drive but not adequate for sub orting the
construction of a standazd subdivision road. In order to improve the crossing so that it supports a
standard subdivision road would require extensive adin filling and the construction of a
retaining structure below for additional support This work could compromise the existing_ ipe
functionality with increased loads from the road and amount of traffic as well as increase
concerns over the stability and safety of the earthen dam There is no other point of access for
reaching lots 88 and 89 without a stream crossin~• construction costs on a bridge faz outweigh
the benefits on the return on the two lot's value so a bride is not a feasible option The
additional work and expenses of the on final proposed plan for building a standazd subdivision
road at this existing crossing would burden the developer financially and raise potential concerns
over dam safety and pipe functionality In order to minimize impacts at each of the stream
impact crossm culvert installation sites proposed countersinking the CMPs will allow for the
establishment of natural substrate along its interior reducing impacts to the inherent aquatic
habitat of the stream.
Wetland Impact Two: the site for proposed 1 55-acre pond has been chosen meeting not one
aesthetic, accessibility and feasibility criteria• the site chosen for pond construction has been
selected to minimize impacts to Waters of the US and the State Several alternative sites were
evaluated dunng the selection process using the above criteria in order to make the best decision
The alternative sites when compazed were determined to have greater impacts to Waters of the
US and Sta_ te. The current pond construction site has minimized impacts to delineated
waterbodies through its design configuration avoiding stream and trout buffer impacts
Excavating upland azeas helps maintain appropriate size and depth for wildlife attraction The
pond is proposed to be built along a portion of the flood plain bench adjacent to Beaz Creek
helping to maintain water levels while remaining oflline
VIII. Mitigation
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' DWQ - In accordance with 15A NCAC 2H .0500 miti ation ma be re uired b th NC
g Y q Y e
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 linear feet of total impacts to perennial
streams.
' 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 aze minimal. Factors
t 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 Cazolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide html.
' 1. 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/lineaz 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 sepazate sheet if more space is needed.
Temnorarv impact sites will be fully mitigated followint~ construction of road and installation
' of culverts by removing all diversion measures and replanting the impacted areas The
existing fords are located in oven gaps along the riparian zone with no tree canopy and
mammal plant diversity. All temporary timber mats will be fully removed following road
' construction and affected azeas alone the banks will be replanted restoring the riparian zone
to pre-agricultural site conditions An approved plat with the Ashe County Register of Deeds
showine iunsdictional waters shall be provided to US Armv Coros of Engineers before the
t sale of anv lots. Deed restrictions will be provided on all lots with jurisdictional waters
within their boundaries.
' 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 aze will to accept payment for the mitigation must be attached to this form. For
additional information regazding the application process for the NCEEP, check the NCEEP
Silver Creek PCN Modification Page 8 of 11 Environmental Consultant
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USACE Action ID: 2007-213-305; NCDWQ# 07-0116

~ .x.
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website at http://h2o.enr.state.nc.us/wm/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 (squaze feet):
Amount of Riparian wetland mitigation requested (acres): 0.3
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (required by DWQ)
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 aze 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 ^
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 cleazly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts aze 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 (Taz-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 mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(s uare feet Multiplier Required
Miti ation
1 3 (2 for Catawba)
Silver Creek PCN Modification Page 9 of 11
' Ashe County, NC
USACE Action ID: 2007-213-305; NCDWQ# 07-0116
Environmental Consultant
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1 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.
' 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.
Existing impervious surfaces aze related to several existing residences and farm buildings located
' on the subject property with approximately 11 631 sf of surface area composing 0 11% of the
239-acre site. The existins? imperviousness covers less than one percent of the site The proposed
impervious surface area for the Silver Creek project is based on an examination of the site plan
' calculating access road coverage, estimating driveway len>;ths and estimatin average house
footprint size at 4,000 sf. Based on this examination the estimated impervious surface area for
the Silver Creek proiect will cover approximately 11 27% of the site In order to reduce
t sedimentation of surface waters durins the construction process silt fences sediment control
settlin¢/detention basins and hydro seeding will be employed Post construction stormwater
' mana>?ement will be established in accordance with Ashe County Ordinance Chapter 156 46
Residential Subdivisions and NCDOT standards for secondary roads as well as minimum
construction reauirements for private county standazd roads Because the project has aproposed
' impervious area of less than 30% and no high density impervious areas aze proposed in the
protect site plan, the Silver Creek project is exempt from state Stormwater requirements
' XII. Sewage Disposal (required by DWQ)
' Cleazly detail the ultimate treatment methods and disposition (non-dischazge or dischazge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Private septic systems will be used in association with the Silver Creek proiect with no
anticipated dischaz>;e of wastewater.
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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:
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).
,.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
' Silver Creek PCN Modification Page 11 of 11 Environmental Consultant
Ashe County, NC ENV-ECS, Inc
USACE Action ID: 2007-213-305; NCDWQ# 07-0116

~ 5- ~y} te'*~m! .
. la. 3.a 3 P:,~ ~ . ~ ..~,. ~. i. ~ 4i ,. a. x ;.
PROGRAM
' November 27, 2007
' Steve Silver
PO Box 2344
Boone, NC 28607 Expiration of Acceptance: May 27, 2008
' Project: Silver Creek {Ache County} County: ASHE
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
' accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.

This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certilication/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit{s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the 1n Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followine table.
NEW
05050001 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh
Impacts 0 0 0 0.30 0 0 0 0
Credits 0 0 0 O.bO 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
~•
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Amanda Jones, USAGE-Asheville
Sue Homewood, NCDWQ-Winston-Salem
John Vilas, agent
File
R,P.StDYl.GG~... ~ ~ .. PYDtC~ Ou.Y Stag

~~~
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1 652 / 91 9-71 5-0476 / www.nceep.net

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. 2007-213-305 County: Ashe USGS Quad: Glendale Springs
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Boone Development Orsanization. Attn: Steve Silver
Address: P.O. Box 2344
Boone. North Carolina 28607
Telephone No.: 828-963-8607
Size and location of property (water body, road name/number, town, etc.): The site is located on the east
side of Old Wilkesboro Road. approximately 3.5 miles from NC Hwv 16, near Glendale Springs,
Ashe County. North Carolina.
Description of projects area and activity: This permit authorizes installation of culverts and fill
wetlands. This permit also authorizes 321inear feet of stream channel for temporary impacts
associated with road construction.
Special Conditions:
1) Permittee shall cause to be recorded in the Register of Deeds for Ashe County a plat,
showing the subdivision plan for the property, and a survey of the boundary of the
jurisdictional waters of the United States, as approved by the Corps of Engineers, within
thirty days of issuance of this permit,, and; prior to the sale of any property within the
subdivision.
2) Instream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October 15 through April 15 to protect the egg and fry
stages of trout.
3) All temporary fill material will be removed and jurisdictional areas restored to pre-
construction contours.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 39
Nationwide Permit Number:
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.

1
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
i Corps Regulatory Official Amanda Jones Date: March 13.2007
Expiration Date of Verification: March 18.2007
' Copy Furnished: John Vilas, 3764 Rominger Road, Banner Elk, NC 28604

Q~Q~ W ATF9 pG Michael F. Easley, Governor
~ William G. Ross Jr., Secretary
.., r North Carolina Department of Environment and Natural Resources
' ~ -i
~ 'C Alan W. Klimek, P.E. Director
Division of Water Quality
March 16, 2007
' DWQ# 07-0116
~ Ashe County
Mr. Steve Silver
Boone Development Organization
' P. O. Box 2344
Boone, NC 28607
' APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Silver:
' Boone Development Organization has our approval, in accordance with the attached conditions, to
place permanent fill in 114 linear feet of perennial stream, temporary fill in 32 linear feet of
' perennial stream, and permanent fill in 0.08 acre of forested riparian wetlands, in order to construct
three (3) permanent road crossings and two (2) temporary road crossings for the Silver Creek
residential subdivision located on Old Wilkesboro Road near Glendale Springs in Ashe County, as
' described in your application received by the Division of Water Quality (DWQ) on January 18, 2007
and in additional information received by DWQ on February 27, 2007. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification
' Numbers 3366 and 3402, which can be viewed on our web site at
http://www.ncwaterqualit ~~org/wetlands.html. These Certifications allow you to use Nationwide
Permit Numbers 33 and 39 respectively when they are issued by the U.S. Army Corps of Engineers.
' In addition, you should secure any other applicable federal, state or local permits before you proceed
with your project, including (but not limited to) those required by Sediment and Erosion Control,
Non-Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the
' accompanying 404 permits expire unless otherwise specified in the General Certifications.
' This approval is valid only for the purpose and design that you have described in your application.
If you change your project, you must notify us in writing, and you may be required to send us a new
application for a new cert>fication. If the property is sold, the new owner must be given a copy of
' these Certifications and approval letter and is thereby responsible for complying with all conditions.
If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial
streams equals or exceeds 150 linear feet, compensatory mitigation may be required as described in
' 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certifications, as well as the additional conditions listed below:
' 1. The following impacts are hereby approved as long as all other specific and general conditions of
this Certification are met. No other impacts, including incidental impacts, are approved:
' I~~~` ,Caro ' a
Jvatur~
' North Carolina Division of Water Quality 585 Waughtown Street Phone [phone] Customer Service
Winston=Salem Regional Office Winston-Salem, NC 27107 Fax [phone]
Internet: www.ncwaterquality.org
' An Equal Opportunity/Affirmative Action Empbyer -5096 Recydedl1096 Post Consumer Paper

1
1
1
1
1
1
1
1
1
1
1
1
Mr. Steve Silver
Page 2, DWQ# 07-0116
March 16, 2007
Amount A roved Plan Location or Reference
Streams 1461ineaz feet. Beaz Creek and three unnamed tributaries located off of Old Wilkesboro
Road in the Silver Creek- residential subdivision near Glendale Springs,
in Ashe County, as depicted on the site plan included with the
a lication

Amount A roved Plan Location or Reference
Wetlands 0.08 acre Forested riparian wetlands adjacent to Beaz Creek located off of
Old Wilkesboro Road in the Silver Creek residential subdivision
neaz Glendale Springs, in Ashe County, as depicted on the site
Ian included with the a lication

2. Instream work and land disturbance within the twenty-five (25) foot trout buffer is prohibited during the
trout spawning season of October 15`}' through April 15`~ in order to protect the egg and fry stages of
trout.
Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-IV waters as described in 1 SA NCAC 02B .0216 Fresh Surface Water
Quality Standards For Class WS-IV Waters. These measures must be maintained on all construction
sites, borrow sites, and waste pile (spoil) sites, including contractor owned and leased borrow pits,
which are associated with this project.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
5. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation,.. and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standazds,
statutes, or rules occur.
6. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
,`

Mr. Steve Silver
Page 3, DWQ# 07-0116
March 16, 2007
t maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not ba'increased by the placement of riprap: Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.
7. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
' stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
8. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Winston-Salem Regional Office of the NC Division of Water
' Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs upstream and downstream of each culvert site and temporary crossing to document correct
installation.
' If you do not accept any of the conditions of this certification o
y u may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
' which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
' This letter completes the review of the Division of Water
Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
' 771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
' Sincerely,
~~~~--,
t Alan W. Klimek, P.E.
A WK/cdl
' Attachments
cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
' DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
' Mr. John C. Vilas, E'nV Environmental Consulting Services, Inc., 3764 Rominger Road, Banner Elk
NC 28604 ,

'V
.'1IIC~S 1f1C.
February 23, 2007
' Amanda D. Jones
Regulatory Specialist
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
3764 Rominger Road
Banner Elk, NC 28604
Ph/Fax: [phone]
E-mail: [e-mail]
' RE: Silver Creek s/d, Ashe County; changes to site plan
Based on recommendations made, the following changes have been made to the Silver Creek
proposed subdivision site plan in Ashe County, NC.
' 1. Stream Impact One and Two were eliminated by re-aligning the road and utilizing an existing
farm road grade. This new road alignment is shown on Map One. This new road alignment will
' remove and upgrade an existing 18" by 16' concrete pipe, installing a 36" by 30' CMP, with a
net impact of 14' at this crossing (now Stream Impact One). Wetland Impact Two was
eliminated with the new road alignment.
' 2. Wetland Impact One was reduced from 7,270 sf to 3,456 sf by adjusting the road and bridge
alignment shown on Map Two. Lot 109 was eliminated. No changes to lots 83 and 84;
however, grading and residential construction on these two lots will not impact wetland BC-
~.
3. The bridge crossing on UT-3 is no longer being proposed; instead a proposed 48" by 40' CMP
will be used as part of the road crossing (now Stream Impact Two) shown on Map Three.
Included is a revised section of the original PCN submitted for the Silver Creek project with the
t changes being reflected in the impact table and quantified impacts. The new total permanent
stream impacts have been reduced from 147 linear feet to 114 linear feet and the new total
permanent wetland impacts have been reduced from 0.17-acres to 0.08-acres.
' Thank yo
C'- C~~--
Jo C. Vitas
President, E'nV Environmental Consulting Services Inc.
1
' C.C: Daryl Lamb, Steve Silver, McGill Engineers

f
~ Silver Creek ~ - ___ ~ /
L U
Site Plan Changes __-----~- ~ "~' ~ ==
Ma One ~' ~ ~ . ~' ;~a
~C.
Request for Modification to original permit ''a
Submitted: July 18, 2007 1 gyp"' ;~
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~~
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~ ~, ~i ~ ~ ~ UT-1~ p ~ „ ,
~_a~ ~~
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~r \ ` `~ ' replace 1 ~"x 16' concrete pipe
`~~, _ 14 p} oposed impact to U"h-1 -'
Road grading to uu existing farm road 1 z - - .-- -. - T --_-- .. --
~ --... f_f ~ _._. - _ ___- - - ~~`- - -- i
" ~ , , ~ Grading along This section will be ~ T ~ vl Stream impact ~rle
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_ --
O No grading will impact lJT-I K ~ v.
\~\ ~~ - LT-!K ditched channel along ex. road ~~ ~ `- ~ i
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{~~ ,
~~, ~~ 3 ~~ ~ Site Plan Changes
~- -
,~A P ~>, Ma Two
__ 4~ ~~ p
4• ~ ~ _ - au,
aC wE~ Request for Modification to original permit
i
' ~ _ - - - -- - Submitted: July 18, 2007
~ -_ ~Q
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Lot 1103
X1.3 sac.
~~
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y
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tat 69 Lot 4~ ~.e,_
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e
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dot ~8 ~ APO t BC-SW o
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~~~
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~ ~.5 ~a~. ~ Site Plan Changes
° - ° t Ma Three
~~._ o '~ , ~.~
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Request for Modification to original permit
' ~~ Submitted: July 18, 2007
-,
Stream Impact Twos
1 ~ BC-5W got 708 ~ ~ ,TUq~
~ ~'. 6 ~c. ;' \ ~ ~,
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o O ~~
Lot ;~0 \ qp.,
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i 7.3 ac ; -
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_ _
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j proposed bridge placement 4
~ - t ~ 40' ro osed im act to UT-3 ~
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RED k,
Silver Creek Subject Property
NWP 39 &NWP 33
Stream Impacts Three 8~ Four
No Changes from Original Permit Submittal
~ i
' ~~
P
STREAM IMPACT THREE I o
36" x 30' CM P
'a~~a~~o~i ,c~Z
STREAM IMPACT FOUR
36" x 30' CMP
0 40
N
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80 120
FEET
160

E'nV F:CS, hr,
3 764 Rominger Road
Banner Elk, NC 28604
Ph/Fax: [phone]

July 18, 2007
Ms. Amanda Jones
USACE
Asheville Regulatory Field Office
151 Paton Ave. Rm 208
Asheville, NC 28801-5006
RE: Silver Creek Project
Ashe County, N.C.
404/401 Permit Modification Request
Action ID: 2007-213-305
DWQ# 07-0116
A request for a modification to an existing NWP 39 permit for the Silver Creek
residential development project is being proposed. An additiona1251ineaz feet of impacts
to a perennial tributary of Beaz Creek, BC-2 is being requested for this project. A revised
site plan is proposing installation of a 36" by 25' culvert on BC-2 supporting a private
drive access.
This change in planning is based on a closer evaluation of site conditions. Originally a
standazd subdivision road would have provided the access needed to the lots on the north
side of the BC-2 utilizing an existing crossing along an earthen dam below an existing
pond. The existing site conditions aze such that a lazge amount of grading, filling and the
construction of a retaining wall aze presenting a great challenge to the client. In addition,
there aze concerns over dam safety/stabilization and whether the existing 36" CMP can
withstand the increased load from the filling, grading, and construction of a standard
subdivision road.
The revised site plan calls for the construction of a private drive at the earthen dam
crossing which involves less construction activity, a lower weight load, and less traffic. In
order to gain access to two lots that would lose access from the change in road type at the
existing crossing, the revised site plan proposes installing a 36" by 25' culvert in BC-2 to
construct a private drive which would provide the needed access.
Enclosed is revised PCN application and associated maps detailing the request for a
modification to the existing permit.
Thank you,
Sean Martin
E'nV-ECS, Inc.
Cc: Steve Silver
Daryl Lamb
Ron Linville
1

~ ~ ~ ~ r ~ ~ ~ ~ ^~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Silver Creek Project
Revised Site Plan Revised site plan _ __ _ _ __ __
_ _ shows rivate drive ~ T i
Request for Modification to Existing Permit _ _ p 2 ,
Action ID: 2007-213-305 ~~~"~`~ J at exisitng piped ~
DWQ# 07-0116 ~~ crossing ~ ~ o ~
t ~~.
___._---- ~\ L O C ~; _ G i
'~~ ~ ~ 1. r a c.
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~ t -~`a ~. b ~C. CMP
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~ /
36'x~K' ~ ~_ v ~~T i
j CMP ~ ~ ! , ~! r~ ('. ~
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~ ~ . + ~ ~.?
- ~ C ~ /
Stream Impact °~~ BOX rlVate ,, ~~~~,., l__ o ~5 r~
Seven and Eight '~~ ~ 1.2 ac.
,,
drive ,;~~~~~ ~~,
~' ~
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Revised site plan jj~ \ \ 1 ~ ~5 ~-~~=~ \ ~ 3
~a ~ ~~
,39 shows private drive ~ ~ ~`~~. ~
Q~ ~
i a ~~ . with new crossing ,~c~ ~
with 36" by 25' culvert - ' !_ ~ f ; ~)`~ ~~
Lot 1~~4 \ ,
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W~~, _E One Inch = 120'
s
~,

SL1ver Creek Project. :__._~ ____._.~__.__ ___ __.
Site Plan for Ixlsting Permit
Action ID: 2007-213-305
DWQ# 07-OI I6
- Lot ~2 Lot 93
Lot 91 1.1 ac.
Lot 90 1.5 ac. 1.1 ac.
za•xz5~ BC-2W'
Lot 89 1.8 ac. AMP
,:.
__^~
1.~9 ~, ,~ - ~ __~ _-__ __ _ r -
ac.
I ~~, OPp
I, Lot 94 /
i ~ ~ 3 P~ ~ 1.4 ac.
~ ~ ~A ~
Lot 88 ~: ~~
_.~ WEL LX Lot 95
2.1 ac.
-~ Originally proposed ~'~ ~.2 qc.
Subdivision Road ~QP O
utilizing exisitng ~ /~
~~
~" piped crossing ~ '~
ice/ _
Lo t 1'03
c
%,~ ~~ 1.3 ac. - Lot
,i' Lot 86 ~ \ ~~ \ 1.3 a
9 ~ --
1.9 ac. Q0 ~ ~ ~,
c. ~ ~- ~~
Q`
Lot 102
i L,o t 104
1.2 ac. ~' \ 1.1 ac. ~ ~,
~ ~ ~.
L o`t 85 ~ Lot 101
1_~t 40 1.3 ac. Lot 105
;~ 1.2 ac. 1.1 ac.
,~_
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Silver Creek Project
Request for Modification to Existing NWP 39
Ashe County
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Photo One: Existing Earthen Dam adjacent to
pond approximately 16' wide.
Photo Three: View of BC-2 below pond looking
' downstream.
i~
Photo Two: View of pond from upstream side.
Photo Four: View of existing 36' CMP draining
pond below earthen dam. Note deteriorated
condition of pipe.

ENV-Environmental Consultin Services Inc
g
643 Greenway Rd, Suite K-3
' Boone, NC 28607
October 19, 2007
DWQ# 07-0116
' Action ID: 2007-213-305
RE: Silver Creek, wetland boundary change.
' In response to a site meeting between Amanda Jones from the USACE and John Vilas from
ENV-Environmental Consulting Services on October 10, 2007 it was ageed that the wetland unit
BC-SW could be re-evaluated within the Silver Creek residential development located in Ashe
' County, NC off of NCSR 1631, Old Wilkesboro Road. This wetland unit was re-evaluated by
Sean Martin from ENV on October 18, 2007 in order to asses and delineate the boundaries for
BC-SW. The wetland area is located along a floodplain bench of Bear Creek. This area can be
' described as a heavily vegetated laurel thicket with densely growing rhododendrons, pines,
hemlock, and birch trees. The original delineation was a rough estimate of its true size and shape
due to difficult terrain and time constraints for completing the entire 229-acre property
' delineation. The objective of the October 18~' site visit was to draw a more accurate wetland
boundary for BC-SW utilizing a systematic 25' grid analyzing soils, vegetation, and hydrologic
conditions.
' Soil test pits were dug along a site grid network examining the soil profile looking for hydric
conditions. Two types of soils were found in this floodplain bench area, one a hydric soil with
gleying, mottling, and a silty texture; the other noted soil type is non-hydric, consisting of more
active alluvial deposits. The non-hydric soils consist of sandy alluvial deposits, 10-14" in depth
layered by narrow hydric bands with an overall Munsell soil color of 7.SYR 3/2; no mottling was
found to occur in this soil profile. This non-hydric soil profile often had a 1-3" organic "O"
' horizon consisting of pine needles and rhododendron leaf material with a Munsell color of 7.SYR
4/3. Hydric soils found in this area occupy low-lying depressions and natural drainage features
throughout the floodplain bench. Hydric soils were found in pocket wetlands throughout this area
' with silty soil texture, sometimes inundated, very saturated, heavily gleyed, mottled. The hydric
soils had a Munsell color of lOYR 3/2 in the "A" horizon, 0-8" along the soil profile with
mottling, and a "B" horizon with a lOYR 2/1 soil color, 8-14" along the soil profile.
' A visual inspection of the vegetation located within each 25' by 25' quadrant was carried out
during this wetland delineation using U.S. Fish and Wildlife Service wetland indicator status to
' evaluate site conditions as part of the boundary determination. Non-hydric plots were noted as
having more FAC- and FACU vascular plants, shrubs, and trees including Pines strobes, Pines
virginiana, Tsuga canadensis, Betula alleghaniensis, Liriodendron tulipifera, and Smilax
rotundifolia. Vegetation in hydric plots were noted as consisting of Rhododendron maximum,
' Lindera benzoin, Carpinus caroliniana, Osmunda cinnamomea, Rosa palustris, and Carex
species.
Hydrology is maintained in the wetland pockets due to periodic overbank flooding of Bear Creek
and the existence of several seeps found along the base of the hillside. Drainage features are
present with minor channel characteristics located amongst an area of upland islands and low
lying depressions found throughout the floodplain bench. It was noted during the October 18`~ site

' visit that groundwater was generally detected 14-18" below the surface throughout the floodplain
bench area.
Based on the October 18~' site visit, the wetland boundary for BC-5 W was redrawn delineating
five separate pocket wetland units located within the original wetland boundary. The original
' wetland boundary for BC-5 W south of the new bridge crossing on Bear Creek and the new
subdivision road was estimated at being 36,717 square feet or 0.843-acres in size. Based on the
new delineation, the total area consisting of the five separate pocket wetland units is estimated at
being 10,720 square feet or 0.246-acres in size. All areas which lost wetland status due to this
investigation have been reclassified as braided upland islands within the floodplain bench due to
the lack of hydric conditions in the soils, vegetation, and hydrology. The total amount of wetlands
changed to non-wetland status is estimated at 25,997 square feet or 0.597-acres.
' Report written by:
Sean Martin
' Environmental Scientist
ENV-ECS, Inc
[phone]

~~ ,:\\°
Silver Creek Residential Development ~
Wetland Unit BC-SW Boundary Changes
Based on October 18th Site Re-evaluation

-5W
gl
C-5W3 1
~ BC-5W2
Original Wetland Size South of the
Bridged Crossing
BC-SW: 3h,717 sf / 0.843-acres
'~~~f BC-5W1
Newly Delineated Wetland Units
BC-SW l :813.3 sf
BC-SW2: 576.6 sf
BC-SW3: 325.2 sf
BC.-5 W4: 2,311.1 sf
BC-5 W 5: 6,693.5 sf
Total New Wetland Area: 10,719.7 sf
0.246-acres
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Silver Creek
Proposed Potld Construction
Wetland Impact Two
November 5, 2007
,~'~ / '~ Total Impacts to E3C-SV1/
~~' ~~_ j' ~ ~ // ,~. 9.633.3 / 0.22-acres __.
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Proposed Pond
1.55- Acres 1°j
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