20090386 Ver 1_401 Application_20090409

09-0386
OF WAT?c9 RECEIVED
`?? OG N.C. Doot of ENR
APR 0.3 2009
Wnstcn-Salem
Rey I 'nai off re
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information Qa i f,I,'?
c
1. Processing dfFT ??? Z ?.

1 a. Type(s) of approval sought from the
Corps: IV4
° c1?8 ?Zsyo'
® Section 404 Permit ? Section 10 Permit, din
rq,?
1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? phone Yes ® ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply): N/A
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
® Yes ? No For the record only for Corps Permit

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
? Yes No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Valle Meadows Subdivision Culvert
2b. County: Watauga
2c. Nearest municipality / town: Valle Crucis
2d. Subdivision name: Valle Meadows
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Cabibbo Enterprises
DB 1287 PG 684
Alfredo Cabibbo
419 West Main Street
Forest City, INC 28043-21920
(561)-601-3286
(864)-234-7369
[e-mail]
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner) N/A
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Ashley Brown
5b. Business name
(if applicable): EAS Professionals, Inc.
5c. Street address: 153 Brozzini Ct, Suite C
5d. City, state, zip: Greenville, SC 29615
5e. Telephone no.: 864-234-7368
5f. Fax no.: 864-234-7369
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees):
1 c. Property size:
2. Surface Waters
1971-13-3545-0000
Latitude: 36.232139 Longitude: - 81.807861
(DD.DDDDDD) (-DD.DDDDDD)
26 acres
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Unnamed Tributary to Watauga River
2b. Water Quality Classification of nearest receiving water: HQW
2c. River basin: Watauga
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: The site is currently undeveloped and forested and has an unimproved logging road running through most of
its length. Adjacent land use is residential, agricultural, and forested. Plant life on the site and adjacent property is
predominantly deciduous broadleaf forest land and unmanaged deciduous upland shrubland.
3b. List the total estimated acreage of all existing wetlands on the property:
0.16
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1700
3d. Explain the purpose of the proposed project:
. Low density residential subdivision
3e. Describe the overall project in detail, including the type of equipment to be used:
Bulldozers, excavators and road grading equipment will be used to modify an existing logging road on the site to a
residential subdivision road 18' wide. At station 12+00 of the road, the road crosses the unnamed tributary of the
Watauga River. This roadway crossing is currently served by a 14" reinforced concrete pipe approximately 20' in length.
This pipe is in disrepair with at least one 3' section having fallen off on the downstream side. This permit request is to
allow replacement of this culvert pipe with a 30" corrugated metal pipe of no more than 25 feet in length.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ®Yes ? No El Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ®Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Amanda Jones Other: USA COE Wilmington District
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
(attached)
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ®Yes El No E] Unknown
5b. If yes, explain in detail according to "help file" instructions.
Corps Action ID 2007-1632-395; NC DWQ Low Density Stormwater Permit SW4080802 (includes 30' vegetative buffer
variance); NC DENR DLR Trout Buffer Zone waiver dated January 29, 2009 (copies of all attached)
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? PEI T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10

DWQ -non-404 stream

width length

(linear
Temporary M (IN-O? other) (feet) feet)
S1 ? P ®T Pipe culvert Unnamed tributary ® PER ® Corps

replacement
to Watauga R.
? INT
®
DWQ 2 25
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? PEI T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 25
3i. Comments: Will adhere to WQC 3024
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
if there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, the n complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
6f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No
If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse
? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary impact
re uired?

B1 ? P X T Road
Improve Unnamed tributary to Watauga ? Yes
5
757

ment R No
,
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 5,757
6i. Comments: will adhere to WQC 3624
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Roadway designed as far from stream as possible, retaining walls used where beneficial, roadway superelevated from
stream in buffer zone to direct runoff from stream. Bioretention pond specified for runoff that could enter buffer.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank

F-1 Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
withi
f th
®Y
? N
n one o
e NC Riparian Buffer Protection Rules? es
o
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: ®Yes El No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 11 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Low Density Project
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:

2e. Who will be responsible for the review of the Stormwater Management Plan? ? Certified Local Government
? DWQ Stormwater ProgFam
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Watauga County
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached? Copy of SMP submitted to Watauga County attached
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El OW
? RW
(check all that apply): ? Session Law 2006-246
? Other:

4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Copy of SMP submitted to Watauga County attached ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ® Y
es ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? ? Yes ®No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? ? Yes No
3b. If you answered "yes' to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no
"
rovide a
h
t
i
,
p
s
or
narrat
ve description.
The replacement of this culvert and construction of the road will allow the development of 20, one acre residential lots
with cabins having small footprints (<2
000 sf)
After that
th
d
,
.
, no o
er
evelopment of the land will take place
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project
or available capacit
of the s
b
t f
,
y
u
jec
acility.
The residential lots will have individual septic tanks
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
h
bit
t? ® ? Yes No
a
a
5b. Have you checked with the USFWS concerning Endangered Species Act
i
t
? ® Yes ? No
mpac
s
5c. If yes, indicate the USFWS Field Office you have contacted. ? Raleigh
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Conversation with Allen Ratzlaff at Asheville USFWS, review of USFWS on line listing of threatened and endangered
species, site observations
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? TZ Yes ? No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Communication with Ron Linville of NCWRC and NCDENR Division of Land Resources (DLR) Trout Buffer Zone waiver
granted by DLR (copy attached), site observations
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (e.g., National Historic Trust designation or properties significant in
?Yes No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
On line listing of National Register of Historic Places, communication with Linda Hall Assistant State Archaeologist
(phone)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Panel 37189C0l56E

Applicant/Agent's Printed Name Ap icant/Agenfs Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
T
Page 11 of 11
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2007-1632-395 County: Watauga
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property
Owner Alfredo Cabibbo
Address 8567 Coconut Blvd.
West Palm Bear F1 33412
Telephone Number
Size and Location of Property (waterbody, Highway name/number, town, etc.): The site is Iocated
on Tom Ward Road, in Valle Crads, Watauga County, North Carolina.
Description of Activity: Use of existing logging road to develop residential subdivision.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the property.
X The proposed project does not impact jurisdictional waters or wetlands.
X The proposed project is exempt from Department of the Army regulation.
(Specify) Utilizing existing logging roads without a discharge of fi0 material into stream channels
and wetlands does not require a Depar ent of the Army permit
TILIs Department of the Army'determination does not relieve the permittee of the responsibility to
obtain any other required Federal, State, or local approvals/permits. The permittee may need to
contact appropriate State and local agencies before beginning work
Ainy changes in !he above described work must be coordinated with the Corps of Engineers prior to
commencement If you have any questions regarding the Corps of Engineers regulatory program,
please contact Amanda Jones at tel mhumber [phone] x.231
Regulatory Project Manager Signatnxe
Date May 15 2007 Expiration te_ May 16, 2009
SURVEY PLATS, FIELD SI£ETM WETLAND DELMEATION FORA ETC., MUST BE ATTACHED
TO THE YFL1t,OW (Fnx) COPY OF TMS FORM, IF REQUIRED OR AVAiCABLE.
CF-- -K+F-IlvirOnmcnW Services, Alto.: TMron Edwards, 135 South Main Stree? Suite 100, &maville, SC 29601
©-oF W Arz9
co
>
O -?
Coleen H. Sullins, Director
Division of Water Quality
20 January 2009
Mr. Alfredo Cabibbo
Cabibbo Enterprises, LLC
419 West Main Street
Forest City, NC 28043
SUBJECT: Permit No. SW4080802
Cabibbo Enterprises, LLC - Valle Meadows
Low Density Stormwater Project
Watauga County
Mr. Cabibbo:
The Winston-Salem Regional Office received the Stormwater Application for the Valle Meadows
project on August 18, 2008. Additional information was requested on several occasions subsequent to that
date and was provided by your consultant. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000., We
are forwarding Permit No. S W4080802, dated January 20, 2009, to you.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
conditions and limitations as specified herein. Please pay particular attention to Section 1.6. This section
grants your written request for a buffer variance in the section noted on the plans as between stations
14+00 and 19++00. It is also important to mention that any modifications made to the existing culvert
would require a 401/404 water quality certification to be obtained from this office and/or the Army
Corps of Engineers. All design standards relating to the trout buffer must also be strictly adhered to as
noted by Gray Hauser of the Division of Land Resources. His comments and correspondences, those by
Corey Basinger of the Division of Water Quality, as well as this letter are incorporated as part of Low
Density State Stormwater Permit SW4080802 by reference.
If any parts, requirements or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. Unless such demands are made this permit shall be final and binding.
Mailing Address Phone [phone] -
1617 Mail Service Center Fax [phone] Location
Raleigh, NC 27699-1617 512 N. Salisbury St
Raleigh, NC 27604
Internet: www.ocwateroaalitv.ore
-- Customer Service 1-877-623-6748
An Equal opportunity/Affirmative Action Em pbyer- 50%Recydedl1 0k Post Consumer Paper
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
One
hCamlina
No t
cNQtTfl?
If you have any questions, or need additional information concerning this matter, please contact this
office at [phone].
Sincerely,
Steve W. Tedder
Water Quality Supervisor
cc: Watauga County Planning
Ashley Brown, PE (EAS Professionals, Inc., 153 Brozzini Court, Suite C, Greenville, SC 29615)
Central Files
HQW File-WSRO
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statues of North Carolina as
amended, and other applicable Laws, Rules, and Regulations:
PERMISSION IS HEREBY GRANTED TO
CABIBBO ENTERPRISES LLC - VALLE MEADOWS
WATAUGA COUNTY
FOR THE
construction, operation and maintenance of stormwater management systems in compliance with the
provisions of 15A NCAC 2H.1000 (hereafter referred to as the "stormwater rules") and the approved
stormwater management plans and specifications, and other supporting data as attached and on file with
and approved by the Division of Water Quality and considered a part of this permit for Cabibbo
Enterprises, LLC - Valle Meadows.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
I. DESIGN STANDARDS
1. The overall tract built-upon area percentage or lot sizes for the project must be maintained at levels at
least as stringent as the low density levels specified in the stormwater rules. These levels are
summarized below (more stringent levels may apply in accordance with the rules):
DEVELOPMENT THAT IS WITHIN: LOW DENSITY LEVEL:
The twenty coastal counties
30%
One-half mile of and draining to SA waters
25%
5. The Permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction for those
revisions under any of the following conditions:
a. Any additions, deletions, or redesign of the previously permitted amount of
built-upon area proposed, regardless of the size of the modification.
b. Further subdivision of the project area.
6. The permit is not transferable to any person except after notice to and approval by the
Director. The Director may require modification or revocation and reissuance of the
permit to change the name and incorporate such other requirements as may be necessary.
A formal permit request must be submitted to the Division of Water Quality,
accompanied by the appropriate fee, documentation form both parties involved, and other
supporting materials as may be appropriate. The approval of this request will be
considered on its merits, and may or may not be approved.
7. The issuance of this permit does not exempt the Permittee from complying with any and
all statutes, rules, regulations, or ordinances that may be imposed by other government
agencies (i.e., local, state, and federal) having jurisdiction, including but not limited to
applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation
control requirements in 15 A NCAC Chapter 4 and under the Division's General Permit
NCG01.0000, and any requirements pertaining to wetlands under 15A NCAC 213.0200
and 15A NCAC 2H.0500, and all applicable North Carolina Occupational Safety and
Health Act health and safety standards.
Permit issued this 20t' day of January 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMIVHSSION
- 6? -
Steve W. Tedder, Water Quality Supervisor
Permit Number SW4080802
One mile of and draining to HQWs 40,000 square feet lots
(Minimum Lot Size
Defined management area for Freshwater ORWs 40,000 square feet lots
(Minimum Lot Size)
2. The development must demonstrate that no areas within the project site are of such high density that
stormwater runoff threatens water quality.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference
and are enforceable parts of the permit.
4. The only runoff conveyance systems allowed will be vegetated conveyances such as swales with
minimum side slopes of 3:1 (H:V) where possible, and in no case less that 2:1, rip rapped swales,
or curb outlets systems as defined in the stormwater rules and approved by the Division.
5. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
6. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer
between all impervious areas and surface waters, except in the area that has an approved
buffer variance noted on the plans as the section between station 14+00 and 19+00.
7. The Permittee shall not fill in, alter, or pipe any vegetative practices (such as swales) shown on the
approved plans as part of the stormwater management system without submitting a revision to the
permit and receiving approval from the Division.
8. The Engineer/Permittee must certify that the project's stormwater controls and impervious surfaces
have been constructed within substantial intent of the approved plans and specifications.
9. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size.
b. Project name change
c. Transfer of ownership
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions to the project should require modification
to the permit.
10. The Director may notify the Permittee when the permitted site does not meet one or more of the
minimum requirements of the permit. Within the time frame specified in the notice, the Permittee.
shall submit a written time schedule to the Director for modifying the site to meet minimum
requirements. The Permittee shall provide copies of revised plans and certification in writing to the
Director that the changes have been made.
H. SCHEDULE OF COMPLIANCE
1. The Permittee shall comply with the following schedule for construction and maintenance
of the Low Density Option stormwater systems:
a. Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of any
built-upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded areas of the
swales or other vegetated conveyances will be repaired immediately.
2. The Permittee shall at all times provide the operation and maintenance necessary to .
operate the permitted stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal
c. Mowing and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans specifications.
3. The Permittee shall submit the Engineer/Permittee Certification in accordance with
Part I Item 8 within 30 days of completion of the project.
4. The Permittee shall submit all information requested by the Director or his representative
. within the time frame specified in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The filing of a
request for a permit modification, revocation and reissuance, or termination does not stay
any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying
the permit, revoking and reissuing the permit, or terminating the permit as allowed by the
laws, rules, and regulations contained in Title 15A of the North Carolina Administrative
Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
January 29, 2009
Cabibbo Enterprises, LLC
Attention: Alfredo Cabibbo
8567 Coconut Boulevard
West Palm Beach, Florida
Cabibbo Enterprises, LLC
Attention: Alfredo Cabibbo
419 West Main Street
Forest City, NC 28043.
Subject: Trout Buffer Zone Waiver
Valle Meadows Subdivision
Watauga County
Dear Mr. Cabibbo;
This office has received your plan for the Unnamed Tributary of the Watauga River, in Watauga
County, North Carolina. Your plan was submitted to this office for approval because of the
proposed encroachments into the buffer zone of designated trout waters. In accordance with
NCGS 113A-57(1) and Title 15A NCAC 4B .0125(c) this letter will serve as written approval to
encroach on the buffer zone of Unnamed Tributary of the Watauga River Class B, Trout.. This
authority has been delegated to me by the Director, Division of Land Resources, James D.
Simons, in accordance with NCGS 143B-10. The following conditions will apply to this
approval:
1. The clean water/temporary diversion swales shall not extend into the buffer zone and
shall stop at approximately Sta. 11+75 left and Sta. 12+25 right. The temporary
diversion on the ridgeline of Lot 2 may be omitted.
2. The temporary diversion berm/swales shall be provided with adequate temporary
groundcover and sediment control immediately upon grading. Temporary or permanent
ground cover shall be provided following the seeding specification and the temporary
erosion control matting detail, using Curlex Type III or equivalent matting. Sediment
control shall be provided following the wattle with polyacrylamide detail and spacing
requirements.
3. T
his, approval does not absolve the permittee from compliance with the surface water-
quality turbidity standard. More protective erosion and sedimentation control measures
may be required in order to comply with this water quality standard.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 - 919-733-4574 / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604.
Valle Meadows Subdivision
January 8, 2009
Page 2 of 2
4. No land disturbing activity may take place within the trout buffer zone from October 15
to April 15 of each year.
Your cooperation in protecting our environment is most appreciated. If you have any questions
about this approval, please contact me at firay.hauser(c)ncmail.net or [phone].
Sincerely,
T. Gray Hauser, Jr., PE
State Sedimentation Specialist
cc: Matthew E. Gantt, PE, Winston-Salem Regional Engineer
Randy Woodrow, Watauga County
Ashley Brown, EAS Professionals, Inc

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