20071382 Ver 2_401 Application_20080608

ENV
Environmental Consulting Services, Inc.
June 20, 2008
Cyndi Karoly
NC Division of Water Quality
401 Wetlands Certification Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Re: Shikina Falls and Meadows
DWQ# 07-1382
Modified PCN Application
Dear Ms. Karoly:
643 Greenway Rd
Suite K-3
Boone, NC 28607
[phone]
PA,I
D'1- 1382. U4
Included is the modified PCN application for the Shikina Falls and Meadows project in Watauga County.
This modification is in response to a permit non-compliance and unauthorized activity citation from the
USACE following an April 2008 site inspection conducted by Amanda Jones from the Asheville field
office. Permit authorization initially allowed for 0.09-acres of permanent impacts to wetlands on the project
site. Following 2008 spring work, it was found that additional and unauthorized impacts to wetlands had
occurred, bringing total impacts for the project to 0.15-acres. Due to the extent and conditions of the
unauthorized activity, the USACE is requiring the applicant to mitigate for the total amount of impacts to
wetlands. NCEEP has accepted the Shikina Falls and Meadows site for 0.25-acres of riparian wetland
mitigation credit. Included with the modified PCN application is a copy of the NCEEP letter of acceptance.
If there are any questions, please call the ENV office at [phone].
Sincerely,
Sean Martin
ENV-ECS, Inc.
C.C. Amanda Jones, USACE, Asheville Field Office
Jay Adams, Eaglewood Development, Inc.
r4 (r-_, r_-:3 0 W R ?
JUN ?• 3 2006
DENR WAl ER uUAUly
WEI-LANDS AND STORMWATER BRANCH
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erfleilt
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June 19, 2008
Jay Adams
161 Hidden Pines Ln.
Boone, NC 28607 Expiration otAcceptance: December 19, 2008
Project: Shikina Falls & Meadows County: Watauga
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 Certification/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 In
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 following
table.
Impacts
Credits
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer 1
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri arian Non-Riparian Coastal Marsh
Watauga 06010103 0 0 0 0.15 0 0 0 0
Watauga 06010103 0 0 0 0.30 0 0 0 0
Upon receipt of payment, EEP will tare 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 Valerie Mitchener at [phone].
Sincerely,
Witlunn D. Gilmore. PE
Director
cc: Cyndi Karoly, NCDWQ Wedands/401 Unit
Amanda Jones, USACE-Asheville
Sue Homewood, NCDWQ-Winston Salem
John Vilas, agent
File
R,estor% Pro 06W State

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 2769 1662 / 919-715-0470 1 www.nceep.net
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No. T) ' 38 a U
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
sPAID
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 27 and 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:
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
1. Owner/Applicant Information
? [9 0.", M ow [a P
JUN 2 3 2008
Name: Ea lewood Development, Inc. Tv
Mailing Address: 161 Hidden Pines Lane WETLANDS AND STORMWATER BRMCH
Boone NC 28607
Contact: Jay Adams
Telephone Number: [phone] Fax Number:
E-mail Address:
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 Road
Suite K-3
Boone NC 28607
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Shikina Falls and Meadows Page 1 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
III. Project Information
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: Shikina Falls and Meadows
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 1984-71-5422-000
4. Location
County: Watauga Nearest Town: Boone
Subdivision name (include phase/lot number): Shikina Falls and Meadows
Directions to site (include road numbers, landmarks, etc.): Follow NC HM 421 North from
Boone turn left onto Silverstone Rd approx 1 '/2 miles turn right onto Old Hwy 421,
approx 1-mile turn right onto Ode Wilson Rd approx. 0.7-miles turn left onto Camp Joy
Rd approx. 0.2-miles project is on left side of road.
5. Site coordinates (Lat/Long or decimal degrees): 360 18' 13" N 81 ° 45' 4" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 32.2-acres
7. Name of nearest receiving body of water: North Fork Sawyer Creek
8. River Basin: Watauga
(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: Please refer to September 27. 2007 PCN Addendum.
Shikina Falls and Meadows Page 2 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
10. Describe the overall project in detail, including the type of equipment to be used: Please
refer to September 27. 2007 PCN Addendum.
11. Explain the purpose of the proposed work: Please refer to September 27, 2007 PCN
Addendum.
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.
• August 10, 2007 original PCN submitted for 404/401 Nationwide permits 27 and 29.
• September 20, 2007 comment letter from NCDWQ received calling for changes to
proposed impacts pond creation and stream relocation activity.
• September 28, 2007 submitted PCN Addendum with revisions to proposed project
reducing impact totals eliminating one proposed pond and the stream relocation work.
• October 22, 2007 received 401 permit approval for project DWQ# 07-1382.
• November 17, 2007 received 404 permit approval for project Action ID 2007-2860.
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.
No future permit requests anticipated for this project
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
Shikina Falls and Meadows Page 3 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
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:
• No changes to stream impact totals. Please refer to September 27, 2007 PCN
Addendum for a description of stream impacts.
• No changes to wetland impact sites 1-3. Please refer to September 27. 2007 PCN
Addendum for a description of wetland impact sites 1-3.
• The construction work for the berm on Pond 2 has been completed an in doing so
additional impacts to W-1 resulted. The new wetland impact site is referred to as
Wetland Impact 4. This new wetland impact site is within wetland unit W-1 and is
adjacent to Wetland Impact 1. The impact occurred during construction of the berm
after a large outcrop of bedrock was encountered in the location of the proposed
berm. The applicant shifted the berm away from the bedrock causing the additional
wetland impact (Wetland Impact 4).
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 floodina.
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)
Impact 1 Fill/excavation Riparian Not mapped 1' 0.05
Impact 2 Fill/excavation Riparian Not mapped 0' 0.01
Impact 3 Fill/excavation Linear seep Not mapped 35' 0.03
Impact 4 Fill/excavation Riparian Not mapped 0' 0.06

Total Wetland Impact (acres) 0.15
3. List the total acreage (estimated) of all existing wetlands on the property: 0.23-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, multiply length X width, then divide by 43,560.
Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact
?
Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Restoration Site NF Sawyer Creek Restoration perennial 14' 0 if 0
Impact I UT-NF
Sawyer
eliminated
intermittent
4'
0 if
0
Creek
Impact 2 UT-NF
Sawyer
Culvert
intermittent
4'
40 if
0.04
Creek
Shikina Falls and Meadows Page 4 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
Impact 3 UT-NF
Creek Sawyer
Culvert
intermittent
4'
40 if
0.04

Total Stream Impact (by length and acreage) 801f 0.08
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
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.08
Wetland Impact (acres): 0.15
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.23
Total Stream Impact (linear feet): 80
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.
N/A
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.): Please refer to September 27, 2007 PCN Addendum
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Please refer to September 27. 2007 PCN Addendum
Current land use in the vicinity of the pond: Please refer to September 27, 2007 PCN
Addelldtlnl
Size of watershed draining to pond: Expected pond surface area:
Please refer to September 27, 2007 PCN Addendum
Shikina Falls and Meadows Page 5 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
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.
Please refer to September 27. 2007 PCN.Addendum
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 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.us/ncwetlands/strmgide.htmi.
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.
• Stream Mitigation: Please refer to September 27. 2007 PCN Addendum
• Wetland Mitigation: NCEEP
Shikina Falls and Meadows Page 6 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
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 three and provide the following information:
Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0.25
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
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 V Yes ? No
Shikina Falls and Meadows Page 7 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
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.
Impact Required
Zone* /__-__.r_-, Multiplier __ I
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
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
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. Please refer to September 27. 2007 PCN
AddendLun
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.
Please refer to September 27, 2007 PCN Addendum
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
Shikina Falls and Meadows Page 8 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
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://hl)o.enr.state.nc.us/ncwetland.s. If no, please provide a short narrative description:
The project is a small scale residential development consisting of 7 single family estate lots on
32 acres of property. The size of the lots the amount of surrounding forest land cover to be left
intact, and the low intensity nature of the development will have no consequential runoff or
impacts to downstream water quality All work as Dart of the proposed plan will be done in the
dry Seeding and landscape material planting will occur immediately following all land
disturbing activity. Appropriate E&SC measures and NPDES inspection and monitoring activily
will ensure no sediments impact downstream water quality.
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).
? / 9 os
licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Shikina Falls and Meadows page 9 of 9 PCN Modification
May 14, 2008 DWQ# 07-1382
?-fdina Falls and Meadows
Modified Impact Map
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