20080896 Ver 1_401 Application_20080508

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 8 0 8 9 6
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. 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:
Nationwide 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: ?
II. Applicant Information ?TPRFVIR D
Owner/Applicant Information
MAY 3 0 2008
Name: Gunther Freystatter DENR - WATER UJAU Y
Mailing Address: 260 Timber Crest Trail WULMD STvnIMATERBRNCH
Fleetwood, NC 28626
Telephone Number: na Fax Number: na
E-mail Address: na
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: Derek Goddard
Company Affiliation: BREC Inc.
Mailing Address: 162 Helen Court
Boone, NC 28607
Telephone Number: 828.265.4425 Fax Number:
E-mail Address: brec nc(a,bellsouth.net
III. Project Information
Updated 11/1/2005
Page 5 of 13
Attach a vicinity map clearly 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 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: Ridge on the Parkway Road Crossings
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 2992-94-3416
4. Location
County: Wilkes Nearest Town: Deep Gap
Subdivision name (include phase/lot number): Ridge on the Parkway
Directions to site (include road numbers/names, landmarks, etc.):
US HWY 421 to BRP. Take BRP north to Lump Road Take Lump road South 2 miles to
1138 Lump Road.
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): 36.263819 °N 81.375783 °W
6. Property size (acres): 101
7. Name of nearest receiving body of water: UT to North Fork Lewis Creek
8. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at llttp //h2o.enr.state.nc.usl/adminllnaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Forestry and Agricultural
Updated 11/1/2005
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: 2
Culverts have be installed as shown the drawinc.
11. Explain the purpose of the proposed work: Property Access
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.I.P. project, along with
construction schedules.
AID 200800721
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.
None
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.
1. Provide a written description of the proposed impacts: Impact will include 100 feet of
culvert in the Stream for property access and 95 feet of restoration activities associated with
violation.
Updated 11/1/2005
Page 7 of 13
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 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)
0

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property:
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. multinly length X width- then divide by 41 560
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

19
UT
culvert
Perennial 3"
40
.00275
20 UT culvert Perennial 3" 60 .00413

Total Stream Impact (by length and acreage) 100 .00688
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- floodinu_ drainage hrnikhPadc etv,
Open Water Impact
Site Number
(indicate on map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
0

Updated 11/1/2005
Page 8 of 13
I Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .00688
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .00688
Total Stream Impact (linear feet): 100
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.): NA
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.
All possible erosion and sediment control BMPs will be installed to prevent sedimentation.
Equipment will work on high ground whenever possible. Roads were moved in the field in order
to avoid steep grades and lessen the pipe lengths.
VIII. Mitigation
Updated 11/1/2005
Page 9 of 13
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 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 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.cis/ncwetIands/strmgide.htm1.
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/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.
NA
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):
Updated 11/1/2005
Page 10 of 13
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I I Zone* Impact Multiplier Required
(square feet) Mitieation
1 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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
Updated 11/1/2005
Page 11 of 13
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. Site consisit of forest land. Impervious surface is
less than 3 %
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.
NA
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 an after-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://h2 o.enr.state.nc.us/ncwetIands. 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).
Copy sent to NCWRC.
Updated 11/1/2005
Page 12 of 13

5/27/08
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 13 of 13

=` shev;Ae Regulatory Field Office
uni("!d States Army Corps ofLng neat
Room 20S
Ytton Ave
V, Ile, NC 880 1 -5( 406
? o??pyloS't
S

T- whovi It May Conc:em:
lease accel)t this letter a: an authorization li oor iilue R.id8e j" G1.1110MCI-utal
C ;r?su huts Inc. and its employees to be si to
? c ent .n a?1 matters
related to perm?xtt=,ag app,iicataons.
fhank You,
1
A
Blue Ridge Environmental Consultants Inc.
828-265-4425
828-964-9349
[e-mail]
162 Helen Court
Boone, NC 28607
www.brec.biz
MEMO
May 27th 2008
To: Mr. Monte Matthews
From: Dere nc. Authorized Agent, Gunther Freystatter, Ridge on the
Parkway
Re: AID 200800721 Required Formal Response to Violations
Please accept this letter as a required formal response to the violations listed in your
May 14th 2008 letter. Pursuant to the requirements please find attached with this letter, as-
built plans, photographs, and revised documents. On behalf of our client, we have made swift
and extensive efforts to plan for the abatement of any damages that may have been caused. It
is our wishes to proceed with these proposals found herein as soon as they are approved.
Violations
1. Impact to streams beyond your permit area.
During construction the contractor had a difficult time getting the stream into
the culvert crossing because boulders were obscuring the flow of the channel. He
thought it would be appropriate to excavate these boulders and therefore assimilate
flow through the pipe better. As seen in attached plans this impact totals 80' in
which we have proposed restorative measures in consultation with NCDWO, NCDLR,
and NCWRC.
2. Lack of adequate sediment and erosion control.
The erosion control sub-contractor was running behind in installing the erosion
control measures and providing the temporary seeding. Since your site visit,
proper erosion control measures have been installed and the contractor is
working with NCDLR to stabilize the fill slope below the road with a number of
vegetative and structural measures. Total Impact to be restored as indicated in
the plans is 15'.
3. Improper culvert installation
Culverts installed on the project were slightly perched on the downstream extent
because the degree of slope would require additional pipe impacts. This fact was
discussed with Mr. Linville of the NCWRC and he agrees that no fish passage would
have been possible if the culvertswere installed properly; he also believes that as
proposed our plan addresses his main concerns and therefore feels it unnecessary to
re-install the culverts.
Environmental Solutions - Regulatory Permitting - Planning
_I
4. Locations of the culverts deviate from the plans.
During construction of the roads leading up to the site, the engineer and the
contractor decided to shift the road and put in a switch back that placed the
crossings on a more suitable grade and lessened the amount of bedrock and
impacts. The as-built locations of the crossings indicate the least possible
environmentally damaging alternative and serve to avoid and minimize
additional impacts. Furthermore the originally permitted culvert length was
decreased by 10 feet with the elimination of another crossing on the project site.
Permanent culvert impacts are 100'.
5. Failure to have pre-construction meeting.
The contractor had mistaken the meeting with NCDENR as the pre-construction
meeting. He now understands that an additional meeting was needed.
Please accept our sincerest regrets for these issues and be aware that on
behalf of our clients our firm has been given full authority to perform any and all
remediation actions in an expedited manner. Further we hope that our diligence
in this response will reflect in your considerations of enforcement actions.
2
I Impacts to be restored
UT 1- Buffer to be re -vegetated and matted with coir blanket
in both up and down stream extent shown in photo's
UT 2 -Buffer to be re -vegetated and matted with coir blanket
in both up and down stream extent shown in photo's. Including
proposed riser and rock sill stabilization in excavation channel.
Temporary Impacts to the channel to be restored= 95 Feet
. 00645 Acres 0 8 0 8 9 6
(channel excavation, sedimentation, Etc.)

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_ A a R'""°"` .. Preliminary Plan
for ?, t Civiltek Associates
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4 J o ` Ridge on the Parkway Subdivision (Phase M & III) ?E?p{ Engineering Planning Surveying
K Jobs C¢bin Township 1318 ES Gntral Ave.
s$ Wilkes County, North Carolina 'iF? cnarlan•. Nc 28205 [phone]
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