20070525 Ver 2_401 Application_20080708

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ATLANTIC PLANENGMEEMNG CORPORATION
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Date: July 3, 2008
To: Division of Water Quality
401 Wetlnnd-, T Tnit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Secret Springs (Formerly Indian Saddle Subdivision) DWQ # 07-0525/Avery County
To Whom It May Concern:
Enclosed is a revised Pre-Construction Notification Application for the above referenced project
as well as a check in the amount of $200.00
If you should have any questions, please call my office at [phone].
Thank you,
1? J? o
Y
Richard J. Franklin, P.E.
President
cc: Amanda Jones/Corp of Engineers
k?@ROWIEDO
JUL 7 2008
DENR. WATER QUAUTY
WETLANDS AND STORMWATER BRANCH
PO Box 1691 [phone] [phone] Fax
Hickory, NC 28603 atlplan(-,conninc.com
Ot ,I AT F9Q
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Departrnent of Environment and Natural Resources
May 28, 2008
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Atlantic Plan Engineering Corp.
Attn: Richard Franklin
Post Office Box 1691
Hickory, NC 28603
Subject Property: Indian Saddle
_ _ N0 TICE OF RETURN -- _ -
Dear Mr. Franklin:
Coleen H. Sullins. Director
Division of Water Quality
DWQ # 07-0525
Avery County
IN OWN
JUL 7 2008
DENR - WATER QUAUTY
WETLANDS AND STORMWATER BRANCH
On March 23, 2007, you requested a 401 Water Quality Certification from the Division of Water Quality
(DWQ) for your project. We wrote to you on April 11, 2007 discussing concerns that we have regarding
the design of the project and stating that it would be placed on hold for 30 calendar days giving you time
to address DWQ's concerns. As of today, DWQ has not received a response to this request. Therefore,
your file is hereby considered returned and will not be reviewed until DWQ's earlier concerns are
addressed. Once you have collected sufficient information to have a complete application (please see our
April 11, 2007 letter for the missing information), you will need to reapply for DWQ approval. This
includes submitting a complete application package with the appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this activity
and any work done within waters of the state would be a violation of North Carolina General Statuses and
Administrative Code. Please call Mr. Ian McMillan or Cyndi Karoly at 919-733-1786 if you have any
questions or concerns.
S"ly / r'.
?r
f?Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Filename: SA2008 Conespondence107-0525 Indian Saddle (Avery) Notice of Retum.doc
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: rapJ/h2o.enr.state.nc.us/ncwetlands
t Carolina
viturallb,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
April 11, 2007
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Atlantic Plan Engineering Corp.
Attn: Richard Franklin
PO Box 1691
Hickory, North Carolina 28603
Subject Property: Indian Saddle
_ Application fee return
? REQUEST FOR MORE INFORMATION
® PERMITTING FEE MISSING/INCORRECT/RETURNED
? RETURN OF APPLICATION PACKAGE
Dear Mr. Franklin:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 07-0525
Avery County
On March 23, 2007, the Division of Water Quality (DWQ) received your application dated February 28, 2007, for
the above referenced project. The DWQ has determined that your application was incomplete and/or provided
inaccurate information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five
copies of the additional information requested below, we will have to move toward denial of your application as
required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional
information. Please provide the following information so that we may continue to review your project.
Additional Information Requested:
? Water Quality Certification, See I. Processing, Item 2.. Please state which Permit (Nationwide,
Regional or General) number you intend to use. You may want to contact the U.S. Army Corps of
Engineers (USACE) to determine which permit they will allow you to use.
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of
application. (Agent's signature is valid only if an authorization letter from applicant is provided).
? Water Body information not stated. See III Project Information, Item 7.
® Incorrect and/or missing wetland, isolated wetland, intermittent-perennial stream and/or buffer impacts.
DWQ is unable to review this project without noted or corrected impacts reflected. Pages 8, 9 of
application.
? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General Assembly passed
legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: hht p://h2o enr state nc ustncwetlands
N

projects impacting less than an acre of wetland and less than 150 linear feet of steams. For projects
impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475.
? Incorrect permitting fee amount. Please see above item. Your check # for $ is herein
enclosed for fee correction. DWQ does not retain any payment unless it is in the correct amount.
? A request for a modification of an issued permit requires re-submission of five (5) application sets and
appropriate fie. We have herein returned your modification request
? Application was missing pages or sections of information. See Other section below.
® OTHER: A review of the submitted application reflects no wetland, stream or buffer impacts; based on
that information we view this application as a courtesy copy with no 401 certification required. Your
check # 1207 for $200 is enclosed.
DWQ's understanding in your conversation with Ian McMillan is that you were anticipating contact
with the USACE to clarify the information in this permitting package. To date, we have not received
any further facts or data relating to this project.
Please contact the DWQ within three weeks ofthe date of this letter to verify that you have received this letter and
that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ the
requested information at a later date. Please contact this office in writing. If we do not hear from you within three
weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the
DWQ. Please call Mr. Ian McMillan or me at 919-733-1786 ifyou have any questions?regarding or would like to
set up a meeting to discuss this matter. j;
CBK/1 d
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
Enclosure: Check #1207 for $200
cc: USACE, Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
Pepper Rodgers, 172 Cherry Brook Lane, Boone, NC 28607
File Copy + check copy
Central Files + check copy
Filename: 0705251ndianSeddle(Avery) Hold 2_RetuAppl
Q7- 05a5v2
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this moiect. please enter "Not Anolicable" or "N/A".)
1. 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
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 p r@rLE 0 W R op
1. Owner/Applicant Information
J UL 7 2008
Name: Pepper Rodgers
Mailing Address: 172 ChM Brook Lane ENR - WATER QUAUTY?
Boone NC 28607 WErLWS AND
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: betteryieldsna charter.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: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
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: Secret Springs (formerly Indian Saddle)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 089600800870
4. Location
County:- Averv Nearest Town: Ingalls
Subdivision name (include phase/lot number): Secret Springs
Directions to site (include road numbers, landmarks, etc.): HM 19 North from Ingalls to
Roarinp, Creek Rd., then NW to Martin's Branch Rd then west to the site
5. Site coordinates, if available (UTM or Lat/Long): N 360 - 04.815 W 020 - 03.031
(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): 104.37
7. Nearest body of water (stream/river/sound/ocean/lake): Martin Creek
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The existing land is mostly wooded with some open area
Near the ton elevations.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
The project will develop 104.37 acres into 49-lots with duplexes. The new road will
cross one stream in two places (and will have a bridge at each crossing) The equipment
used will be an excavator, a dozer, a grader and dump trucks. When road was being built, 3
Brings were discovered and 24" culverts were placed under the road.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to develop
residential proppM in the mountains of NC.
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.
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. 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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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.
Page 7 of 12
1. Provide a written description of the proposed impacts: Two bridges will be built over
one active stream. Three 24" culverts were added for springs discovered while road was
being accoLaplished.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres) Located within
100 year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://xvixtw.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
1 24" Culvert 40' UT 12" Perennial
2 24" Culvert 60' UT 12" Perennial
3 24" Culvert 44' UT 12" Perennial

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain?
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, fist as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., Nvww.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 144'
Pace R of 1?
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma
Type of Impact' Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
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.
Bridges are being built to avoid impacts in the stream. 3 culverts allow the spring water
Access under the road.
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.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, 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 NCWRP 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.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: N/A
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Pane. 10 of 1
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ? No N If you answered "yes", provide the following information:
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
(square feet Multiplier Required
Mitigation
1 0 3 0
2 0 1.5 0
Total 0 0
- cone i extenas out su reet perpendicular from near hank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed. (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or .0250.
N/A
XL Stormwater (required by DWQ)
Describe impervious acreage (both 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
Total site: 4 546,357.2 SF
Estimated built upon area: 415,779 SF % of built upon area: 00009•%
NU 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.
Individual septic tanks and drain fields.
XI®E. 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. 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., craw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applkknt/Agent's S a re Date
(Agenes signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12