20051081 Ver 2_COMPLETE FILE_20051216

Certification of Completion
DWQ Project No.:_ OJ - I C,,,C!? I Utr ,County: 5b vt
Applicant: c, v1,, i . ran s ?r
Project Name: P, 115
r d
Date of Issuance of Isolated Wetland Permit: 2 i`'? c7 r? O p 6
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I ?U?,- v1 V1 4S r-o CJ hereb o the best of my abilities, due care and diligence was
used in the observation of the cT1§MwAw'n such that the construction was observed to be built within substantial
compliance and intent o 1 W ter Quali tion and Buffer Rules, the approved plans and
specifications Kt-0-fl] s nals.
Signature: Date:
Agent's Certification
I -- ) ),F AtA rs F° ? hereby state that, to the best of my abilities, due care and diligence was
used m the observation of the construction such that the construction was observed to be built within substantial
compliance and intenke a 40 a Quality Certification and Buffer Rules, the approved plans and
specifications, an rs rt.n aterials.
Signature: Date:
V
If this project was designed by a Certified Professional
1 as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction was
observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: _ Date:
E f1C?119Y154
A4 3 4 006

O?O? W A T ?RQG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 20, 2006
DWQ Project # 05-1081 Ver. 2
Jackson County
Tom Turner
Pilot Mountain Associates, LLC
Post Office Box 652
Glenville, NC 28736
Subject Property: Pilot Mountain Subdivision
MAR 2 4 2006
DENR - WATER QUALITY
Approval of 401 Water Quality Certification with AAMdgxVWmtts
Dear Mr. Turner:
You have our approval, in accordance with the attached conditions and those listed
below, to place excavate or otherwise impact 0.40 acres of wetlands and temporarily fill
0.08 acres of wetlands for the purpose of property developement at the subject
property, as described within your application received by the N.C. Division of Water
Quality (DWQ) on December 16, 2005, anti subsequent information submitted March
13, 2006. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number(s) 3402 (GC3402). The
Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army
Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with
any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, Non-discharge, stormwater,
and buffer regulations. Also, this approval to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the wetland excavating activities described in your application. No
other impacts to waters of the State are authorized under this approval. If you
change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
One
No aro ma
401 Wetlands Certification Unit
U?llCll??l?
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet vrww.ncvvateraualitv.ora
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Pilot Mountain Accosiactes, LLC.
Page 2 of 6
March 20, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification.(or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
A roved (Units) Plan Location or Reference
Stream 0.40 (acres) Wetland Excavation
Stream 0.080 (acres) Temp. Wetland Fill
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Pilot Mountain Accosiactes, LLC.
Page 3 of 6
March 20, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Stream Preservation
Before any of the impacts authorized in this Certification occur, you must provide
and receive written approval from this Office for a final stream preservation plan.
The plan must include copies of deed restrictions or conservation easements that
meet the requirement on stream and buffer protection in perpetuity.
You are required to mitigate for impacts through protected riparian buffers. The
required area of mitigation to compensate for impacts to the protected riparian
buffers are that 50 foot buffers on each side of the stream measured from top of
bank on Betsy Branch, 30 foot buffers on each side of the stream measured from
top of bank on all other waters on the property. A Jurisdictional Determination
map, signed by a member to the US Army Corps of Engineers Asheville
Regulatory Field Office shall suffice for concurrence with the determination of the
remaining waters on the property.
A. Deed Restrictions - Deed restrictions or similar mechanisms shall be
placed on the lot to assure compliance with the conditions of this variance
approval. These mechanisms shall be put in place prior to impacting any
buffers approved for impact under this Minor Variance. The Deed
Restrictions shall include the following paragraph.
"The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ) or compliance with the Riparian Buffer Protection
Rule (15A NCAC 4B .0125). This covenant is intended to ensure
continued compliance with authorizations issued by the State of North
Pilot Mountain Accosiactes, LLC.
Page 4 of 6
March 20, 2006
Carolina, Division of Water
therefore may be enforced
is to run with the land, and
claiming under it."
Quality, DWQ Project Number 03-1030, and
by the State of North Carolina. This covenant
shall be binding on the Owner, and all parties
B. Riparian Buffer Protection Areas - The "Riparian Buffer Protection Areas"
shall include all retained riparian buffers protected under 15A NCAC 02B
.0233 and the "Additional Buffer Preservation Area" as identified in the
Jurisdictional Determination process. Any areas which do not have the
minimum 30 foot vegetated buffer must be planted in accordance with the
Guidelines for Riparian Buffer Restoration. (see attached)
7. Diffuse Flow
8
9
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Daily monitoring
by a NC certified lab must be performed on a daily basis during culvert
installation. The samples must be taken a midpoint during each installation while
active installation is occurring and sampling must follow approved protocols.
10. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
Pilot Mountain Accosiactes, LLC.
Page 5 of 6
March 20, 2006
required. A copy of this permit and monitoring report forms may be found at
http.11h2o. enr. state. nc. us/su/Forms Documents. htm.
11. Trout Moratorium
The stream is a Class B Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional
work conducted within the stream may not occur between the dates of October
15 through April 15.
12. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
13. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or
other bank hardening methods. If rip-rap is necessary, it shall not be placed in
the stream bed, unless specifically approved by the Division of Water Quality.
Pilot Mountain Accosiactes, LLC.
Page 6 of 6
March 20, 2006
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. Barnett(a)ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3402
Certificate of Completion
Guide to Riparian Buffer Restoration
cc: Jackson County Planning Office
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-1081.Ver2. PilotMountain. approval
Eva,
Ia cc) 5? 1
ECOLOGICAL ASSOCIATES, INC.
Ecological - Environmental - Natural Resources Consulting
4676 Bears Bluff Road - Wadmalaw Island, SC 29487
[phone] - Fax [phone] - e-mail [e-mail]
December 9, 2005
Ms. Cyndi Karoly
NCDENR - DWQ
1650 Mail Service Center
Raleigh, North Carolina 27604
SUBJECT: Proposed Pond (NWP 39) - Pilot Mountain
Pilot Mountain, LLC - Jackson County, NC
DWQ Project No. 05-1081
Dear Cyndi:
Please find attached five copies of a PCN to construct a small pond at Pilot Mountain in
Jackson County, NC. We are resubmitting this PCN to you, which was originally
submitted in June 2005, and identified by DWQ Project No. 05-1081. During our recent
discussions you informed us that DWQ retired the application (which we thought was
still active); but that we could resubmit the entire package (5 copies) without an
additional fee in order to start the process again. We thank you for your consideration in
this matter.
Please process this application at your earliest convenience. Please contact us at (843)
559-4127 if you have any questions regarding this material, or if you need anything
further. Thank you.
Sincerely,
D. Nick Roark
Ecologist, President, EA, Inc.
Attachments
I-) f7? f

C: David Baker - USACE
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. O?) -- \y C l
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
L,E Iection 404 Permit ?
? Section 10 Permit ?
L,21401 Water Quality Certification
Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 detail
II. Applicant Information
1. Owner/Applicant Information we ,
Name: Pilot Mountain Associates LLC
-D ri?uflq
Mailing Address: P.O. Box 652 ^??+
Glenville, North Carolina 28736
Attn: Mr. Tom Turner
Telephone Number: [phone] Fax Number: [phone]
Ml.com
E-mail Address: tct904@
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: Nick Roark
Company Affiliation: Ecological Associates, Inc.
Mailing Address: 4676 Bears Bluff Road
Wadmalaw Island. SC 29487
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 5 of 13
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 fill-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: Pilot Mountain Subdivision (Previous DWQ No. 05-1081)
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Jackson Co. PIN 7565-67-8608
4. Location
County: Jackson Nearest Town: Glenville
Subdivision name (include phase/lot number): Pilot Mountain Subdivision
Directions to site (include road numbers, landmarks, etc.):
Go 1.0 mi. north of Glenville, turn rt. on Big Ridge Road. Go avvrox. 0.6 mi. to Pilot Knob,
turn rt. Go 1.4 miles to Pilot Mountain Subdivision. Access road is a dirt road to the If.
5. Site coordinates, if available (UTM or Lat/Long): N35 deMes 12.728, W83 degrees 7.763
(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): 225 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Betsy Branch
8. River Basin: Tuckaseegee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp:Hli2o.eiir.statc.jic.us/admiD/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 site is mixed hardwood upland with one perennial
stream corridor, and several small intermittent tributaries. Surrounding land is undeveloped.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project consist of constructing a high quality, low density sin elg_family residential
subdivision. with attendant roads, infrastructure and amenities, including a small pond
(subject of this permit). Site work will be accomplished with trackhoes, backhoes, bull
dozers, tractors, and other equipment appropriate for creating building sites, installing utility
lines, and constructing roadways. The proposed work (subject PM consists of
constructing an approximately 3-acre pond. The pond will be constructed by placing a dam
across a small 2er+ennial stream. 295 linear feet of steam will be impacted for the dam and
pond. Additionally, excavation will be conducted m an exisUft small pond to remove
accumulated sediments and to restore historical depth and configuration.. We consider this
excavation a non regulated activity since no fill will be placed in wetlands, no land clearing
is required, and the activity will not result in only incidental fallback of dredged materials.
11. Explain the purpose of the proposed work: The basic project purpose is to place fill
materials in a small stream to construct a dam and pond for recreation, fish and wildlife
enhancement and fire protection. The overall project purpose is to construct high qp&,
low densitygin ,le family residential subdivision offering significant natural resource
amenities in order to maintain low density.
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.
No previous permits have been requested for this site. Request for jurisdictional determination
has been provided to USACE, Asheville Office. The present PCN package is a resubmittal of a
previous submittal dated 6/7/05, identified by DWQ Project No. 05-1081.
V. Future Project Plans
Are any fixture 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 other permits are anticipated for this project.
Page 7 of 13
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.
1. Provide a written description of the proposed impacts: Construct a dam across a stream, to
create an approx. 3-acre cond. The dam will rec,Luire 30 linear feet of pipe and fill - 265
linear feet of stream will be flooded. See attached plans.
1. Individually list wetland impacts below: N/A - No wetlands will be impacted.
Wetland Impact
Site Number
indicate on ma
Type of hnpact* 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-%16, or
online at httt,: ww.fcma.uo%,.
*** 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:
Total area of wetland impact proposed:
2. Individually list all intermittent and perennial stream impacts below:
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)
Pond Dam Pipe & fill 30 Betsy Branch 4 ft. Perennial
Flooded Stream Flood 265 Betsy Branch 4 ft Perennial

Page 8 of 13
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, list 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
%\'ww.LISf?S.kOV. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozunc.cum,
ww?? .mauucst.wm, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 295 linear ft.
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on map)
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.
4. 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 'on.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction (e.g., dam/embankm excavation, installation of
draw-down valve or spillway, etc.): Dam (counterfort wall) and cold water release
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Recreation, fish & wildlife enhancement, and fire
protection.
Size of watershed draining to pond: - 140 ac Expected pond surface area: 3.0 acre
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
Page 9 of 13
were minimized once the desired site plan was developed If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts to streams on the site were minimized to the maximum extent practicable The pond is
the smallest size that will accomplish the basic and overall project purpose. The pond is placed
at a location that does not impact wetlands and will have the minimum impact to streams See
additional information suvvorbm avoidance and minimization, and "no practical alternative'
contained in Apcendix A.
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 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://112o.enr.state.nc.us/ncwetlands/stnngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/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.
The proposed mitigation will consist of stream _preservation and enhancement by buffering.
Approx 3,000 linear feet of stream will be preserved with a 50-ft. upland buffer along each
side. Additional mitigation, if Muired will be purchased from the NC Ecosystem
Enhancement Program.
Page 10 of 13
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.ne.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three 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):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
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 W
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 ? N?ff
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 )?
Yes ? No ? If you answered "yes", provide the following information:
Page 11 of 13
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* (square uaa eet Multiplier Mitigati Required
1 3
2 1.5
Total
Zone 1 extends out 3U teet perpendicular tram near DanK or cnannel; Gone L extends an
additional 20 feet from the edge of Zone 1.
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.0260.
XI. 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.
Sediment & Erosion Control Standards for forestry operations are being implemented. Existing
impervious acreage is presently 0 of 166 acres - Proposed impervious acreage is approx. 5.3 of
166 acres.
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.
Septic tank.
XHL Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? N
Is this an after-the-fact permit plication?
Yes ? No
Page 12 of 13
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., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/a/I?P/off
Applicant/Agent's gignature to
(Agent's signature is valid only if an authorization letter from the applicant s provided.)
Page 13 of 13
UFF
LOCATION MAP Applicant: Pilot Mountain Assoc., LLC
Project: Pilot Mountain Subdivision
County: Jackson
Waterbody: Betsy Branch
Date: June 7, 2005
Sheet of
Gee ?'de B?j R;d e
Lo.,q. WR3° 7.763
N35° /2.728'
PELOT MOUNTAIN ASSOCIATES, LLC
APPENDIX A
AVOIDANCE AND MINIMIZATION
Impacts to jurisdictional wetlands and waters for this project were initially avoided to the
maximum extent practicable in consideration of the configuration of the site, engineering
requirements, transportation issues, facilities layout, sediment and erosion control, and
economics. Initially, the roadway network for the subdivision was designed to follow
existing roadways to the maximum extent practical. Accordingly, the project does not
require any new stream crossings. The roads have also been designed as narrow as
possible to fit the footprint of the existing stream crossings. The proposed pond was
designed as small as possible in consideration of the project purpose. A vertical concrete dam
was used to minimize the amount of fill. Downstream impacts were minimized by utilizing a
cold water discharge with baffles, which should supply cold, oxygenated water downstream.
The proposed pond is viewed as an integral component of the overall project. As an upscale,
low-density development (62 homesites ranging from three to 12 acres in size) the project relies
on quality homesites that have some form of outstanding natural resource amenity. Low-density
developments of this type must maximize the value of the homesites (since they are fewer in
number) in order to carry the relatively expensive cost of providing the required infrastructure.
The proposed pond provides the outstanding natural resource amenity that is necessary for a large
portion of the property that does not contain mountain views. Financially, it is not possible to
offer the intended lower density and quality of homesites without the pond as an amenity.
Accordingly, we do not believe that there are any practical alternatives to the proposed pond.
NO PRACTICAL ALTERNATIVES
Alternative properties for this project were not considered as the property is already owned by the
applicant. Additionally, the proposed site is ideally suited for the proposed development, as the
size, configuration, and location are optimal. The project also takes full advantage of existing
public roads, particularly Pilot Mountain Road, which is currently proposed for widening. The
project site has a network of existing roads and creek crossing, most of which will be utilized
thereby reducing stream impacts. The site also contains an existing pond which will be utilized
as a project amenity and for fine protection. In determining the optimal site on the property for
the proposed pond a number of alternatives were considered, including an off-line pond, a smaller
pond, and utilization of the existing pond. Each of these alternatives is discussed below.
Off-line Pond
The project site has limited areas along Betsy Branch, or elsewhere on the site that are
considered suitable for the construction of an off-line pond. As a practical and economic
matter, the minimum size for a pond that satisfies the basic and overall project purpose is
about three acres. A smaller pond would not create the value as an amenity that is
necessary to justify the desired low density development. From a design and
engineering standpoint the proposed pond would ideally need to be located in a natural
depression (stream channel) or on relatively flat ground in order minimize the amount of
dirt that must be excavated and the resultant footprint of the pond (including required
slopes). Also, the pond would need to be situated in a location that has a reliable water
source. We have not identified any areas within the project site where an off-line pond of
the desired size and characteristics could be developed that would justify the amount of
land area used and the expense of the excavation.
Smaller Ponds
We considered the use of smaller ponds to satisfy the project purpose. As stated above,
the size of the pond is what creates the value, and the value of the amenity is what will
justify the low density development, which is the cornerstone of the project.
Accordingly, we do not believe that the use of smaller ponds is a practical alternative.
Use of Existing Pond
We also considered improving and enlarging the existing pond. The existing pond is
approximately three-quarters of an acre in size and is located in the upper reaches of
Betsy Branch in the southeastern portion of the site. Within the context of the
development the existing pond will be used as an amenity and for fire protection for this
portion of the development. The upper pond could be enlarged to the required size with
additional impacts that are less than the 300 linear feet currently proposed. However, the
location is not suited to the development. The proposed pond location is optimal since it
provides the primary amenity for a large portion of the site that does not have mountain
views, and provides fine protection for the western half of the development. A larger
pond at the location of the existing pond would not provide the required amenity or value,
and would also not satisfy the goal for fire protection throughout the development.
Accordingly, this alternative was also not considered practical.
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Re: 05-1081 version 2 (Jackson County) Approval Letter
Subject: Re: 05-1081 version 2 (Jackson County) Approval Letter
From: Kevin Barnett <[e-mail]>
Date: Tue, 28 Mar 2006 13:54:48 -0500
To: Bev Strickland <bev. strickland @ ncmail. net>
CC: Ian McMillan <[e-mail]>
The application was modified by the consultant to remove the proposed impoundment creation and to include the
excavation of a wetland in an online pond (ie: stream) which already existed onsite.
Best regards,
Kevin
Bev Strickland wrote:
On page 1 the impacts are listed as 0.40 acres of wetlands and 0.08 wetlands temporary fill. Then on page
two in the table you have stream under impact and reference you have wetland fill/excavation but in the
application it says to impact 295 linear feet of stream. Would you please let us know what is actually being
impacted and send out a revised approval letter.
Thanks
Bev
Kevin Barnett - [e-mail]
..........
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Kevin Barnett <[e-mail]>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
3/28/2006 2:02 PM
Re: 05-1081 version 2 (Jackson County) Approval Letter
Subject: Re: 05-1081 version 2 (Jackson County) Approval Letter
From: Kevin Barnett <[e-mail]>
Date: Tue, 28 Mar 2006 13:54:48 -0500
To: Bev Strickland <[e-mail]>
CC: Ian McMillan <[e-mail]>
The application was modified by the consultant to remove the proposed impoundment creation and to
include the excavation of a wetland in an online pond (ie: stream) which already existed onsite.
Best regards,
Kevin
Bev Strickland wrote:
On page 1 the impacts are listed as 0.40 acres of wetlands and 0.08 wetlands temporary fill. Then
on page two in the table you have stream under impact and reference you have wetland
fill/excavation but in the application it says to impact 295 linear feet of stream. Would you please
let us know what is actually being impacted and send out a revised approval letter.
Thanks
Bev
Kevin Barnett - [e-mail]
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Kevin Barnett <Kevin.Bamett cr ncmail.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
1 of 1 3/28/2006 1:58 PM
05-1081 version 2 (Jackson County) Approval Letter
Subject: 05-1081 version 2 (Jackson County) Approval Letter
From: Bev Strickland <[e-mail]>
Date: Tue, 28 Mar 2006 12:48:22 -0500
To: Kevin Barnett <[e-mail]>
CC: Ian McMillan <[e-mail]>
On page 1 the impacts are listed as 0.40 acres of wetlands and 0.08 wetlands temporary
fill. Then on page two in the table you have stream under impact and reference you have
wetland fill/excavation but in the application it says to impact 295 linear feet of stream.
Would you please let us know what is actually being impacted and send out a revised approval
letter.
Thanks
Bev
3/28/2006 12:48 PM
Pilot Mountain Subdivision - Additional Information Request / On-Hold
Subject: Pilot Mountain Subdivision - Additional Information Request / On-Hold
From: Kevin Barnett <[e-mail]>
Date: Tue, 10 Jan 2006 08:55:05 -0500
To: [e-mail], [e-mail]
CC: David Baker <[e-mail]>, David McHenry <[e-mail]>,
Cyndi Karoly <[e-mail]>, Roger Edwards <[e-mail]>
Subject Property: Pilot Mountain Subdivision***, *Jackson County
REQUEST FOR MORE INFORMATION
Dear Mr. Turner:
On December 28, 2005, the Division of Water Quality (DWQ) received your application
to impact 295feet of streams for stabilization and additionally dredging a former
pond of 3/4 acre now functioning as a wetland.. 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 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:*
1. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide a thorough
"justification" for the impacts as requested within this section.
While it is stated that the impoundment is necessary for the type of
developement desired, no supporting data was provided to justify the
financial difference between doing the project with, and without,
the proposed impoundment. Additionally, the dredging of the existing
wetland (former pond) has not been justified, nor has approval been
requested as required under 15A NCAC 02H .0501 (a) and as defined in
15A NCAC 02B .0202. In order for this agency to consider these
impacts, a complete and thoughtful justification with an avoidance
and minimization discussion must be provided. Additionally, the
submitted application still fails to address the "no practicable
alternative" criteria required by 15A NCAC 02B .0215 (3) (b) (i)
(H). You must demonstrate that there is no alternative to having
this impoundment (such as a lack of surface water for drinking
water, fire suppression, etc).
2. Stormwater
Under Section XI of your application the DWQ requires a discussion of how stormwater
will be handled, both during construction and for the life of the site. No discussion
was included. A discussion as to how stormwater will be managed, without impacting
surface waters, must be included in an amended application.
Please respond within ten business days of the date of this e-mail by sending this
information to me in writing at the DWQ Asheville Regional Office. If we do not hear
from you within ten days, 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 me
at 828-296-4657 if you have any questions regarding or would like to set up a meeting
to discuss this matter.
1 of 2 1/12/2006 11:11 AM
Pilot Mountain Subdivision - Additional Information Request / On-Hold
Best regards,
Kevin Barnett
Kevin Barnett - Kevin.Barnetteilncma.il..net
North Carolina Dept. of Environment and Natural Resources
Asheville Regional Office
Division of Water Quality - Water Quality Section
2090 U.S. 70 Highway
Swannanoa, NC 28778
Tel: [phone]
Fax: [phone]
Kevin Barnett <Kevin.Barnett a(?,ncmai1.net>
NC DENR - Asheville Regional Office
Division of Water Quality - Water Quality Section
2 oft 1/12/2006 11:11 AM
r f; 1 r r
Office Use Only: Form Version May 2002
USAGE Action ID No. DWQ No. .? i C) ?) - 11) 2
(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:
L?'Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
L401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
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 NO
1. Owner/Applicant Information
Name: Pilot Mountain Associates LLC
Mailing Address: P.O. Box 652
Glenville North Carolina 28736
Attn: Mr. Tom Turner
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: tct904Aaol.com
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: Nick Roark
Company Affiliation: Ecological Associates. Inc.
Mailing Address: 4676 Bears Bluff Road
Wadmalaw Island. SC 29487
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: ecologynrna,aol.comt
Page 5 of 13
M. 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: Pilot Mountain Subdivision (Previous DWO No. 05-10811
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): Jackson Co. PIN 7565-67-8608
4. Location
County: Jackson Nearest Town: Glenville
Subdivision name (include phase/lot number): Pilot Mountain Subdivision
Directions to site (include road numbers, landmarks, etc.):
Go 1.0 mi. north of Glenville, turn rt. on Big Ridge Road. Go approx. 0.6 mi. to Pilot Knob,
turn rt. Go 1.4 miles to Pilot Mountain Subdivision. Access road is a dirt road to the If.
5. Site coordinates, if available (UTM or Lat/Long): N35 degrees 12.728. W83 degrees 7.763
(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): 225 Acres
7. Nearest body of water (stream/river/sound/ocean/lake): Betsy Branch
8. River Basin: Tuckaseegee
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at 17ttp://1?2o.e»>_state.?lc.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 site is mixed hardwood upland with one perennial
stream corridor, and several small intermittent tributaries. Surrounding land is undeveloped
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used: The
overall project consist of constructing a high quality low density sin le-family residential
subdivision, with attendant roads infrastructure and amenities, including a small pond
(subject of this permit) Site work will be accomplished with tackhoes, backhoes, bull
dozers tractors and other equipment appropriate for creating building sites. installing utility
lines and constructing roadways. The p=gsed work (subject PM consists of
constrvctingan approximately 3-acre pond The pond will be constructed by_placing_a dam
across a small perennial stream 295 linear feet of steam will be impacted for the dam and
pond Additionally excavation will be conducted in an existing small pond to remove
accumulated sediments and to restore historical depth and configuration. We consider this
excavation a non-regulated activity since no fill will be placed in wetlands no land clearing
is required, and the activity will not result in only incidental fallback of dredged materials.
11. Explain the purpose of the proposed work: The basic project purpose is to place fill
materials in a small stream to construct a dam and pond for recreation fish and wildlife
enhancement, and fire protection. The overall project purpose is to construct high quality
low density single family residential _subdivision offering significant natural resource
amenities in order to maintain low densi
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.
No previous permits have been requested for this site Request for jurisdictional determination
has been provided to USACE Asheville Office. The present PCN package is a resubmittal of a
previous submittal dated 6/7/05 identified by DWQ Project No. 05-1081.
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.
ject
No other permits are anticipated for this pro
Page 7 of 13
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.
1. Provide a written description of the proposed impacts: Construct a dam across a stream to
create an approx. 3-acre Bond The dam will require 30 linear feet of Rio and fill - 265
linear feet of stream will be flooded. See attached plans.
1. Individually list wetland impacts below: N/A - No wetlands will be impacted.
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***

I
-
i i i i i I
--
* 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 lit to: w.lemn.aue.
*** 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:
Total area of wetland impact proposed:
2. Individually list all intermittent and perennial stream impacts below:
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?
leases eci
Pond Dam Pipe & fill 30 Betsy Branch 4 ft. Perennial
Flooded Stream Flood 265 Betsy Branch 4 ft Perennial

Page 8 of 13
* 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 toss/gam),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditchingtstraightening, 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, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 14800-358-616, or online at
w\vW.usg's.ecrv. Several internet sites also allow direct download and printing of USGS maps (e.g.,
?; % \vjIl i! u?ursLcinn, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 295 linear &
3. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on map)
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.
4. 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 app ' 'on.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction (e.g., damlembankme excavation, installation of
draw-down valve or spillway, etc.): Dam (counterfort wall) and cold water release
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Recreation, fish & wildlife enhancement, and fire
protection.
Size of watershed draining to pond: - 140 ac Expected pond surface area: 3.0 acre
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
Page 9 of 13
were minimized once the desired site plan was developed If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Impacts to streams on the site were minimized to the maximum extent practicable. The pond is
the smallest size that will accomplish the basic and overall project purpose. The pond is placed
at a location that does not impact wetlands, and will have the minimum impact to streams. See
additional information supportiU avoidance and minimization, and "no practical alternative"
contained in Appendix A.
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 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
}htti)://1)?o.enr.statc.nc.LIs/ncwetlands/lsti-inride.litml.
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.
The proposed mitigation will consist of stream preservation and enhancement by buffering.
Approx. 3,000 linear feet of stream will be preserved with a 50-ft. upland buffer along each
side. Additional mitigation, if required, will be purchased from the NC Ecosystem
Enhancement Program.
Page 10 of 13
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.iic.us/wm/iiidex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three 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):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
1[X.
X.
Environmental Documentation (required by DWQ)
Yes ? N?JZ
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
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 ? M?ff
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be 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 )?
Yes ? No ? If you answered "yes", provide the following information:
Page 11 of 13
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 3
2 1.5
Total
• Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.0260.
XI. 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.
Sediment & Erosion Control Standards for forestry operations are being implemented. Existing
impervious acreage is presently 0 of 166 acres - Pro posed impervious acreage is approx. 5.3 of
166 acres.
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.
Septic tank.
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? N t9
Is this an after-the-fact permit plication?
Yes ? No
Page 12 of 13
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., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
uFF
LOCA' nON MAP Applicant: Pilot Mountain Assoc., LLC
Project: Pilot Mountain Subdivision
County: Jackson
Waterbody: Betsy Branch
Date: June 7, 2005
Sheet of
' G? ! 4??7?, SUf, DtUCS/Orb ®? tat .vas° iz.7as'
L.VAJ. Wg-l* 7.763
G1 B J; zle 8, j R: ?(? e
PILOT MOUNTAIN ASSOCIATES, LLC
APPENDIX A
AVOIDANCE AND MINIMIZATION
Impacts to jurisdictional wetlands and waters for this project were initially avoided to the
maximum extent practicable in consideration of the configuration of the site, engineering
requirements, transportation issues, facilities layout, sediment and erosion control, and
economics. Initially, the roadway network for the subdivision was designed to follow
existing roadways to the maximum extent practical. Accordingly, the project does not
require any new stream crossings. The roads have also been designed as narrow as
possible to fit the footprint of the existing stream crossings. The proposed pond was
designed as small as possible in consideration of the project purpose. A vertical concrete dam
was used to minimize the amount of fill. Downstream impacts were minimized by utilizing a
cold water discharge with baffles, which should supply cold, oxygenated water downstream.
The proposed pond is viewed as an integral component of the overall project. As an upscale,
low-density development (62 homesites ranging from three to 12 acres in size) the project relies
on quality homesites that have some form of outstanding natural resource amenity. Low-density
developments of this type must maximize the value of the homesites (since they are fewer in
number) in order to carry the relatively expensive cost of providing the required infrastructure.
The proposed pond provides the outstanding natural resource amenity that is necessary for a large
portion of the property that does not contain mountain views. Financially, it is not possible to
offer the intended lower density and quality of homesites without the pond as an amenity.
Accordingly, we do not believe that there are any practical alternatives to the proposed pond.
NO PRACTICAL ALTERNATIVES
Alternative properties for this project were not considered as the property is already owned by the
applicant. Additionally, the proposed site is ideally suited for the proposed development, as the
size, configuration, and location are optimal. The project also takes full advantage of existing
public roads, particularly Pilot Mountain Road, which is currently proposed for widening. The
project site has a network of existing roads and creek crossing, most of which will be utilized
thereby reducing stream impacts. The site also contains an existing pond which will be utilized
as a project amenity and for fire protection. In determining the optimal site on the property for
the proposed pond a number of alternatives were considered, including an off-line pond, a smaller
pond, and utilization of the existing pond. Each of these alternatives is discussed below.
Off-line Pond
The project site has limited areas along Betsy Branch, or elsewhere on the site that are
considered suitable for the construction of an off-line pond. As a practical and economic
matter, the minimum size for a pond that satisfies the basic and overall project purpose is
about three acres. A smaller pond would not create the value as an amenity that is
necessary to justify the desired low density development. From a design and
engineering standpoint the proposed pond would ideally need to be located in a natural
depression (stream channel) or on relatively flat ground in order minimize the amount of
dirt that must be excavated and the resultant footprint of the pond (including required
slopes). Also, the pond would need to be situated in a location that has a reliable water
source. We have not identified any areas within the project site where an off-line pond of
the desired size and characteristics could be developed that would justify the amount of
land area used and the expense of the excavation.
Smaller Ponds
We considered the use of smaller ponds to satisfy the project purpose. As stated above,
the size of the pond is what creates the value, and the value of the amenity is what will
justify the low density development, which is the cornerstone of the project.
Accordingly, we do not believe that the use of smaller ponds is a practical alternative.
Use of Existing Pond
We also considered improving and enlarging the existing pond. The existing pond is
approximately three-quarters of an acre in size and is located in the upper reaches of
Betsy Branch in the southeastern portion of the site. Within the context of the
development the existing pond will be used as an amenity and for fire protection for this
portion of the development. The upper pond could be enlarged to the required size with
additional impacts that are less than the 300 linear feet currently proposed. However, the
location is not suited to the development. The proposed pond location is optimal since it
provides the primary amenity for a large portion of the site that does not have mountain
views, and provides fire protection for the western half of the development. A larger
pond at the location of the existing pond would not provide the required amenity or value,
and would also not satisfy the goal for fire protection throughout the development.
Accordingly, this alternative was also not considered practical.
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Triage Check List
Date: 12/21/05
To
Kevin Barnett, Asheville Regional Office
Project Name: Pilot Mountain SD
DWQ #:05-1081, Ver. 2
County: Jackson
60-day Processing Time: 12/16/05 to 2/14/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
El ? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!