20030389 Ver 1_COMPLETE FILE_20050127

Ai r
Mr. Jay Vincent
Doe Ridge Properties
P. O. Box 1238
Blowing Rock, NC 28605
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 23, 2006
DWQ# 03-0389, Version 2
Watauga County
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Vincent:
Doe Ridge Properties has our approval, in accordance with the attached conditions, to place permanent fill in
60 linear feet of perennial stream in order to construct a cement wall, dam, and plunge pool associated with a
24-foot spanning bridge across an unnamed tributary to Doe Fork located within the Cabin Cove Subdivision
off of Rainbow Trail, north of Boone, in Watauga County, as described in your application received by the
Division of Water Quality (DWQ) on December 7, 2005. This impact is in addition to the 225 linear feet of
impact to perennial streams originally authorized for this project on April 7, 2003 under 401 Water Quality
Certification DWQ# 03-0389. After reviewing your application, we have determined that this fill is covered
by General Water Quality Certification Number 3402, which can be viewed on our web site at
h"://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39
when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable
federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Sediment and Erosion Control, Non-Discharge, and Water Supply Watershed regulations. Also,
this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you maybe required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval
to be valid, you must follow the conditions listed in the attached certification, as well as the additional
conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
None Carolina
Atura!!y
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet hUPH:h2o.enr.state.nc.uslncwetlands
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Jay Vincent
Page 2, DWQ# 03-0389, Version 2
January 23, 2006
Amount Approved Plan Location or Reference
Streams 60 linear feet Unnamed tributary to Doe Fork located in the Cabin Cove Subdivision off
of Rainbow Trail, north of Boone, in Watauga County, as depicted on the
site location maps provided with the Pre-Construction Notification

2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class WS-II waters, as described in 15A NCAC 02B.0214 Fresh Surface Water
Quality Standards For Class WS-II Waters, and to High Quality Waters as described in 15A NCAC 02B
.0224 High Quality Waters. Such measures must equal or exceed the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. These measures must be
maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
3. 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 measures in wetlands or waters is
unavoidable, they shall be removed.and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. No waste, spoils, 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.
5. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.
6. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
Mr. Jay Vincent
Page 3, DWQ# 03-0389, Version 2
January 23, 2006
7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs upstream and downstream of the completed bridge, waterfall structure, and plunge pool to
document correct installation.
If you do not accept any of the conditions of this certification, 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 Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4600, extension 293 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
X_/
O Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Mr. Steve Chapin, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
DWQ Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
?1)O ,Q- t/ ter. 2-
0 _3--v3&,9
P North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM ?V15
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers YdE-SAS ?`' 5 G?n«::, ,rN
FROM: Ron Linville, Regional Coordinator
Habitat Conservation. Program
DATE: December 8, 2005
SUBJECT: Cabin Cove Subdivision Unauthorized Activity/Permit Noncompliance, USACOE Action
ID: 200630048, Unnamed Tributary Doe Fork, Watauga County
The US Army Corps of Engineers (USACOE) issued the above notice which was received by this office
on October 29, 2005. Subsequently, an after-the-fact permit application was received by this office on
November 25, 2005. The applicant is requesting a letter of concurrence from the North Carolina. Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers for the
unauthorized impacts to jurisdictional waters. The NCWRC has reviewed information provided by the
applicant, and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et.
seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The unauthorized activities include a waterfall structure and online pond that were not requested or
approved during the permitting process. The pond on "stream 5" was built for aesthetics. As indicated
previously, very good wild trout populations are present. Both brook and rainbow trout populations are
found in the area. Wild brook trout are known for the higher elevation streams. Biologists suspect that
these may be native southern strain. Many young of the year trout were observed which indicates that
tributaries in the area provide for reproduction and support habitats for wild trout.
Mr. Kevin Hining, Fish biologist and I visited the site on December 7, 2005. Our site visit determined
that many salamanders were present in the stream. It also appeared that the bridge had little stormwater
conveyance and that the pond could be subject to failure if stormwater and sedimentation impacts occur.
The in channel pond and appurtenances appeared to preclude aquatic species migration. We also
observed in channel structures placed in the stream at subdivision entrance. These appear to reduce
aquatic migration; however, they may provide some gradient control needed for the culvert. Impacts to
aquatic life migration can diminish food production needed for fish populations downstream. Stocking
fish or other aquatic species in online ponds can cause secondary impact to downstream aquatic life,
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

' Cabin Cove After-the-Fact Pond -Page 2 - December 8, 2005
including the reduction or loss of existing species and/or genetic strains. Ponds can contribute to thermal
impacts which reduce the amount of oxygen needed by cold waxer species.
Based on the information provided by the applicant and our knowledge of the range of trout in the project
area, we support our previous comments which were provided with the knowledge that no dams would be
placed on streams within the subdivision. Although this dam and' pond is small, we would have objected
earlier to an inline pond on trout headwaters. Accordingly, we recommend the following:
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October 15 through April 15 to protect the egg and
fry stages of trout.
2. The stream should be restored to natural conditions using state-of-the-art bioengineering
design and installation techniques. These techniques should provide improved
stormwater conveyance and aquatic migration. A well designed and installed cascading
waterfall should provide aquatic life passage.
3. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Temporary or permanent herbaceous vegetation
should be planted on all bare soil within five (5) days of ground disturbing activities
within the twenty-five (25) foot trout buffer to provide long-term erosion control. Native
species should be used for streambank stabilization and shade.
4. Remaining jurisdictional waters and wetlands must be preserved in conservation
easements. We do not recommend breaking up conservation easements with individual
lot lines. Preservation as common area is preferred.
5. If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water.
6. Riprap use should be minimized. Riprap, stone or other materials must not interfere with
aquatic life movement during seasonal low flow conditions.
7. The applicant should contact the Division of Water Quality (DWQ) at 336/771-4600 to
determine if a 401 Certification is needed for the project.
8. If the USACOE and the DWQ allow the pond to remain, a condition should be placed in
the permit that precludes stocking any fish in the pond. In addition, a permit condition
should be provided that precludes the construction of ponds within the subdivision
through deed restrictions or other enforceable methods.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Cyndi Karoly, DWQ
Daryl Lamb, DWQ-WSRO
Randy Woodrow, Watauga County

0 North Carolina Wildlife Resources Commission 9
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator D ?? D
Asheville Office, U.S. Army Corps of Engineers
Regional Coordinator DEC 1 2 2005
FROM: Ron Linville,
Habitat Conservation Program o?NR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
DATE: December 8, 2005
SUBJECT: Cabin Cove Subdivision Unauthorized Activity/Permit Noncompliance, USACOE Action
ID: 200630048, Unnamed Tributary Doe Fork, Watauga County
The US Army Corps of Engineers (USACOE) issued the above notice which was received by this office
on October 29, 2005. Subsequently, an after-the-fact permit application was received by this office on
November' 25, 2005. The applicant is requesting a letter of concurrence from the North Carolina Wildlife
Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers for the
unauthorized impacts to jurisdictional waters. The NCWRC has reviewed information provided by the
applicant, and field biologists on our staff are familiar with habitat values of the project area. These
comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et.
seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The unauthorized activities include a waterfall structure and online pond that were not requested or
approved during the permitting process. The pond on "stream 5" was built for aesthetics. As indicated
previously, very good wild trout populations are present. Both brook and rainbow trout populations are
found in the area. Wild brook trout are known for the higher elevation streams. Biologists suspect that
these may be native southern strain. Many young of the year trout were observed which indicates that
tributaries in the area provide for reproduction and support habitats for wild trout.
Mr. Kevin Hining, Fish biologist and I visited the site on December 7, 2005. Our site visit determined
that many salamanders were present in the stream. It also appeared that the bridge had little stormwater
conveyance and that the pond could be subject to failure if stormwater and sedimentation impacts occur.
The in channel pond and appurtenances appeared to preclude aquatic species migration. We also
observed in channel structures placed in the stream at subdivision entrance. These appear to reduce
aquatic migration; however, they may provide some gradient control needed for the culvert. Impacts to
aquatic life migration can diminish food production needed for fish populations downstream. Stocking
fish or other aquatic species in online ponds can cause secondary impact to downstream aquatic life,
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
X
Cabin Cove After-the-Fact Pond -Page 2 - December 8, 2005
including the reduction or loss of existing species and/or genetic strains. Ponds can contribute to thermal
impacts which reduce the amount of oxygen needed by cold water species.
Based on the information provided by the applicant and our knowledge of the range of trout in the project
area, we support our previous comments which were provided with the knowledge that no dams would be
placed on streams within the subdivision. Although this dam and pond is small, we would have objected
earlier to an inline pond on trout headwaters. Accordingly, we recommend the following:
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited
during the trout spawning seasons of October IS through April 15 to protect the egg and
fry stages of trout.
2. The stream should be restored to natural conditions using state-of-the-art bioengineering
design and installation techniques. These techniques should provide improved
stormwater conveyance and aquatic migration. A well designed and installed cascading
waterfall should provide aquatic life passage.
3. Stringent erosion control measures should be installed where soil is disturbed and
maintained until project completion. Temporary or permanent herbaceous vegetation
should be planted on all bare soil within five (5) days of ground disturbing activities
within the twenty-five (25) foot trout buffer to provide long-term erosion control. Native
species should be used for streambank stabilization and shade.
4. Remaining jurisdictional waters and wetlands must be preserved in conservation
easements. We do not recommend breaking up conservation easements with individual
lot lines. Preservation as common area is preferred.
5. If any concrete will be used, work must be accomplished so that wet concrete does not
contact stream water.
6. Riprap use should be minimized. Riprap, stone or other materials must not interfere with
aquatic life movement during seasonal low flow conditions.
7. The applicant should.contact the Division of Water Quality (DWQ) at 336/771-4600 to
determine if a 401 Certification is needed for the project.
8. If the USACOE and the DWQ allow the pond to remain, a condition should be placed in
the permit that precludes stocking any fish in the pond. In addition, a permit condition
should be provided that precludes the construction of ponds within the subdivision
through deed restrictions or other enforceable methods.
Thank you for the opportunity to review and comment on this project. "If you have any questions
regarding these comments, please contact me at 336/769-9453.
Cc: Cyndi Karoly, DWQ
Daryl Lamb, DWQ-WSRO
Randy Woodrow, Watauga County
Triage Check List
Date: 12/12/05 Project Name: Cabin Cove SD, Ver. 2
DWQ#: 03-0389
County: Watauga
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 12/07/05 - 2/05/06
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 (Meuse, 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?
? 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!
E'nV
rtvm oriental Consulting Services Inc.
December 5, 2005
Ms. Cyndi Karoly
NC DENR DWQ
Wetlands1401 Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 276042260
RE: Cabin Cove
Watauga County, NC
Dear Ms. Karoly:

3764 Rominger Road
Banner Elk, NC 28604
Ph/Fax: [phone]
e-mail: [e-mail]
Transmitted with this letter are 5 copies of the 404/401 permit application for the referenced project and
a check for $200.00 to cover the permit fee. The application is for a NWP 39 and WQC 3402. Proposed
impacts are 60 linear feet of first order perennial stream. The applicant is Mr. John Greene, the agent is
Mr. Jay Vincent. E'nV Inc. is the consultant and altemate contact. Please include me on the copy list of
all project related correspondence.
If you have any questions regarding these items please call me at 828-297-6946, thank you.
Sincerely,
J ZC.Vilas
resident, E'nV Environmental Consulting Services Inc.
cc: Mr. Jay Vincent
Mr. Daryl Lamb RMRt
7 D
sr?W,queR jj Y.
B%NCy
.x?e? ?2) --??$9
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. O3 - © 2) b' 9
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: El
II. Applicant Information ? @ ( 12 ] ? d'/ R D
1. Owner/Applicant Information NOV 2 8 2005
Name: Doe Ridge Properties
Mailing Address: PO Box 1238 Mwaa,gjrngTyy?'?n
Blowing Rock, NC 28605
Telephone Number: 828.297.0700 Fax Number: 828.295.0047
E-mail Address: jUgvincentproperties.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: Jay Vincent
Company Affiliation: Vincent Properties
Mailing Address: PO Box 1238
Blowing Rock. NC 28605
Telephone Number: 828.297.0700 Fax Number: 828.295.0047
E-mail Address: [e-mail]
D
Cabin Cove PCN DEC 7 2005 11/21/2005
Page 1 of 18 DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cabin Cove S/D
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2907-47-8182-000
4. Location
County: Wataug Nearest Town: Boone
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Take 421 East from
Boone to Perkinsville. Take NC Hwy 194 North 0.85-miles to Rainbow Trail. One mile to
end of pavement and turn left at fork. Follow gravel road until subdivision gate entrance.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36 14' 21.35" ON 81 41' 18.69" °W
6. Property size (acres): 253-acre tract
7. Name of nearest receiving body of water: Doe Fork, Howard Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped site with existing road bed and a newly
constructed 24 foot spanning bridge that has been permitted by USACE and NC DWQ for
crossing an unnamed stream. In the stream channel below the new bridge is a newly installed
waterfall structure and an online pond that was not part of the original permit. This permit
application is for an "after the fact" NWP 39 for the construction of the above mentioned
Cabin Cove PCN 11/21/2005
Page 2 of 18
features. Vicinity of the site is rural single family residential, agricultural, and undeveloped
forest land. Very low development density in the area.
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project is the proposed development of the 253-acre tract as a large lot 3-acre average)
residential subdivision. Typical construction equipment will be employed including
dumptruck, trackhoe, and front end loader.
11. Explain the purpose of the proposed work: The proposed work is for the construction of a
small online pond and waterfall structure on stream 5 below a recently built bridge to
enhance aesthetics.
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. A NWP 39 and DWQ 401 permit were obtained for 5 stream crossings
utilizing CMP on the first four streams and a spanning bridge on stream 5 for a total of 225 feet
of impact for this 253-acre site. The USACE Action ID for the permit is 200330246 and DWO
Project# 03-0389. The application was dated March 27, 2003. The DWQ 401 permit was issued
on April 7, 2003 and the USACE NWP 39 was issued on May 29, 2003. A total of 385 feet of
stream restoration and enhancement was proposed for this permit application including riparian
planting and re-vegetation as well as bank and channel stabilization measures. All construction,
culverti g, and restoration activities relating to this permit were completed by October, 2003.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
-None-
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Cabin Cove PCN 11/21/2005
Page 3 of 18
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: Approximate 4' section of stream
channel filled with concrete and rock structure forming a 10' high waterfall, approximately
15' wide; approximate 28' section of stream channel flooded to form a small pond,
approximately 20'-25' wide, approximate 28' dam construction composed of fill dirt, (2) 8"
PVC pipes for outfall, (2) rip rap overflow drainage structures. Dam is approximately 25'
wide.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
-None-
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: approx. 2-acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 len h X width, then divide b 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
Stream 5 UT-Doe Fork Cement Wall Perennial 8 4 0
001
(Waterfall) .
Stream 5 UT-Doe Fork Flooding (Pond) Perennial 8 28 0.005
Dam Construction
Stream 5 UT-Doe Fork
with associated Fill Perennial 8 28 0.005
Total Stream Impact (by length and acreage) 60 0.011
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
-None-
Cabin Cove PCN 11/21/2005
Page 4 of 18
I Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the moiect:
Stream Impact (acres): 0.011
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.011
Total Stream Impact (linear feet): 60.0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ® stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment with standpipe and emergency
overflow
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): aesthetic
Current land use in the vicinity of the pond: Rural Residential- adjacent to county grade road
Size of watershed draining to pond: 55-acres Expected pond surface area: 700 sf
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The construction of the dam/
embankment structure and impoundment has been located along the natural elevation contour
across a narrow drainage valley below existing rad grade. Access to the pond location is
approximately fifty feet from existing road grade reducing impacts to surrounding areas from
heavy equipment transport of materials and construction.
VIII. Mitigation
Cabin Cove PCN 11/21/2005
Page 5 of 18
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmaide.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.
All county and state erosion control measures shall be adhered to for the construction of the
waterfall structure and online pond. Revegetation seeding of impacted stream banks and
slopes initially with a rye/ millet hydroseed, followed with native re-vegetation plantings of
herbaceous, shrub, and tree taxa on approximately 3,300 sf riparian areas on stream 5. Fiber
mats/netting/blankets will be installed as part of the erosion control measures. Proposed
restorative revegetation to begin before 12/25/05 and to end and be fully installed bX
04/30/05. A separate list of plant taxa will be included for proposed reve egettation project. See
attached Stream Channel Mitigation Planning; Checklist.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at hqp://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Cabin Cove PCN 11/21/2005
Page 6of18
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify): Yes ® No ? 60 linear feet of impacted riparian buffer along UT-Doe
Fork, which is a WS II, HQW, and Trout Waters.
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 1,100 3 (2 for Catawba) 3,300 sf
2 1.5
Total 3,300 sf
Cabin Cove PCN 11/21/2005
Page 7 of 18
*Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Riparian Buffer Restoration
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious acreage is less than 1% of
the total site. Proposed impervious area is approximately 8.45-acres out of a 253-acre site.
Proposed imperviousness is 3.34% of the total site.
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.
Private septic systems. Non-discharge of wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Cabin Cove PCN 11/21/2005
Page 8 of 18
11/-1-1/G1aVJ' lb-- 170 VINUMN1 rKUMM11MJ '7 4V(0740 IVU.11C IYVJ.7
Nov 21 OS 05:07p
82e2976946
P. 1
XV. Other Circumstwos (Optional):
It is the applicant's responsibility to submit the application wrficiontly in advance of desired
construction dates to allow processing time for these pennits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work, schedules (e.g., dra- w-do'wn schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of Elie applicant's control).
?! Z O0r
Applic V AVs Signature Date
(Agent's si¢n tt re is valid only if an authorization letter from the applicant is provided.)
CON(. Cove PCh 111,211121610s
Pago 9 d 18
A 1Z ez'l eurJU 10 _- U0 V 11V1-GV 1 rmurmm I 1 = _? G7 r0740 NU. 11-1 LAC-1
JOHN GRUNE,
Doc: Ridge Properties, Inc.
476 Circle Drive
Boone, North Uvolina 28607
October 31, 2005
Steve Chapin
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville, North Carolina 28801-5006
Mr. Chapin :
X hereby authorize Jay Vincent of Vincent Properties, Inc. to sign any documents on nay
behalf and on behalf of Cabin Cove.
Cordially,
John Crreene
Stream Mitigation Plan Check List
STREAM CHANNEL MITIGATION PLANNING CHECKLIST
(08APRIL02)
ACTION ID: 200630048
SITE/BANK NAME: Cabin Cove S/D
LOCATION/STREAM/COUNTY: 253-acre tract off Rainbow Trail, NW of Boone, Watauqa County: UT-Doe Fork
USGS QUAD(S): Boone
WARMWATER COOLWATER -COLDWATER-
PREPARED BY: Sean Martin, Environmental Specialist, E'nV-ECS, Inc DATE: 11-16-05
1. INTRODUCTION
A. Type of Mitigation (Circle/A separate checklist may be prepared if more than one type)
1. -Restoration- Enhancement
a. -In-Kind- Out-of-Kind
b. -On-Site- Off-Site
2. Up-Front Concurrent
Preservation
Both (i.e. warm for warm, cold for warm, etc.)
Both
-After-The-Fact- Bank In-Lieu-Fee
B. Stream type/s and linear feet Impacted: Attach or Describe: Aa+ stream type and 60' impact
C. Stream types and linear footage mitigated: Attach or Describe: Aa+ stream type and 60' of stream riparian
habitat that has been impacted by construction of the waterfall structure and pond dam/impoundment will be
restored.
D. Describe mitigation ratios: Three to one
E. Will any Endangered Species, Archeological Resources, or Haz/Tox sites be impacted by this effort? -No-
F. Has stream class been determined on both the impacted stream and the mitigation site? -Yes-
Explain: Mitigation will be conducted on impacted stream which is a WS II. HQW, Trout Waters
II. TARGET GOALS AND FUNCTIONS
A. Are there stated GOALS? -Yes-
Describe: Full removal of all dirt and construction debris from stream channel. Replanting 3,300 sf of disturbed
area within the stream riparian zone surrounding the impact site with native in-kind trees, shrubs, and herbaceous
vegetation.
B. Describe Success Criteria: Success will be measured by the complete revegetation of disturbed areas
surroundinq impact site with a survival rate of 80% to ensure long term site veqetative coveraqe. Restoration will
mimic surrounding riparian vegetation. Revegetation will ensure bank and slope stability, reducing overland flow
and resulting erosion. Erosion control measures will be measured for effectiveness. Success will also be
measured by the complete removal of all dirt piles and construction debris from the stream channel within the
impact site.
Cabin Cove PCN 11/21/2005
Page 10 of 18
Are they: 1.Specific YES
2.Measurable YES
3.Attainable YES
C. Target FUNCTIONS chosen and indicated? -Yes-
Describe: Stream riparian function: Habitat, Erosion Control, and Nutrient Cycling
D. Was a Stream Reference Reach Evaluated/Surveyed (RE) report prepared?
(Attach reference reach data)
Describe comparison between the RE and the Mitigation Plan:
NOTES:
111. STRUCTURAL COMPONENTS AND MORPHOLOGY
A. HYDROLOGY:
1. What is the current and proposed stream classification based on water quality, morphology, and hydrology?
Describe: WS II, HQW, and Trout Waters: Aa+ stream type: Perennial.
2. Are natural channel design concepts and methods to be utilized for the proposed channel construction activity?
-No- Describe:
3. Have reference and/or regional curves for stream morphology and discharge been applied to this channel
design? -No- Describe:
Describe the drainage area above the mitigation site: Very low density rural residential development mostly
forested.
4. Has sediment transport equilibrium been addressed in the design: -No-
Describe the method used:
5. Have water quality concerns been addressed in this plan? -Yes-
Describe: Riparian buffer restoration.
B. INSTREAM BANK STABILIZATION HABITAT STRUCTURES
1. Are bank and channel stabilization structures planned? -No-
Describe:
(attach typical plan)
2. Are separate fish or other aquatic habitat structures planned? -No-
Describe:
-No-
Cabin Cove PCN 11/21/2005
Page 11 of 18
-No-
3. Will native/natural materials be used for stabilization, habitat, and other general channel construction?
C. VEGETATION
1. Is streamside/riparian re-vegetation planned? -Yes-
Describe: Approximately 3,300 sf of disturbed stream riparian habitat will be restored through native plant
revegetation.
2. Is there a plan or need to expand the riparian buffer/corridor? -No-
Describe:
3. Are the proposed riparian' plantings listed to species? -Yes-
4. Are "local" (200 Miles North/South) propagules to be planted and verified by a nursery certificate? -No-
5. Have diversity and densities of species within the RE been considered in the plan? -Yes-
6. Will vegetative plantings and the channel construction area be protected from off site impacts?
(i.e. livestock, vegetation cutting, etc.) -No-
Describe: Forested low-density large lot residential development with no livestock timbering, or anticipated
disturbances.
7. Discuss Quality Control during planting: To maintain soil structure during planting activities, hand and wheel-
based equipment should be used where feasible to minimize soil compaction. Quality topdress material will be
utilized contain an organic matter content of 3 percent or more and a clay content of 27 percent or less. To
achieve greater vegetative establishment success, a combination of seeding and installation of grown-out plants
will be used. Container plants will be utilized because of well established roots and tall shoots, which result in
improved survivorship under harsh conditions such as a large flooding event or drought. Contracting a reputable
contractor that specializes in native stream and wetland plantings will improve results and provide significant long-
term savings.
A. Name and number of person responsible for the success of this project:
Name: Jay Vincent Telephone: [phone]
B. Is there a Monitoring Plan? -Yes-
Describe: Reference photos will be taken and provided to DWQ and USACE documenting the restoration process
and success, as well as a description of the site conditions at the time of each monitoring site visitation.
C. As Built Report provided? -No-
D. Procedure to account for beneficial natural regeneration? -No-
Describe:
V. CONSIDERATION OF CAUSES OF FAILURE
A. How does project rate regarding the following:
1. Elevation:4,000'
Cabin Cove PCN 11/21/2005
Page 12 of 18
YES NO N/A
a. Have Biological Benchmarks been established? N/A
b. Is there a Grading Plan? N/A
c. Is the grading plan specific? N/A
d. Is discing or ripping proposed after grading
and prior to planting? NO
2. Describe provisions for Drainage: Permeable materials used in revegetation
3. Describe Erosion Control Measures: Silt fencing, hand tools, fabric netting/ blanket
4. Describe management of human impacts and livestock: N/A
5. Describe management of Herbivory/Noxious Plants: N/A
B. Are there Contingency Plans built into the proposal to address these factors? -No-
Describe when and how will these contingencies be implemented:
VI. SITE MANAGEMENT
A. Describe Final Disposition of the property: Property to be developed as rural large lot residential subdivision
B. Who will manage the site after the mitigation effort is deemed a success?
Name: Jay Vincent Telephone: [phone]
C. Describe Financial Assurances that will be established: N/A
D. Will stream functions be impacted by current or future land use patterns? -No-
Describe:
E. Will this site have the opportunity to function as planned? -Yes-
Describe:
F. Describe how this project rates ecologically: The restoration of the stream riparian area surrounding the impact
site will match the riparian areas located on the property. These riparian zones are of high quality. Quality control
measures will be fully extended to this project.
NOTES:
TIMELINE: Restorative reveqetation will beqin before 12/25/05 and is anticipated to be completed by 04/30/05.
The reason for the proposed span of time is based on plant seasonal availability and recommended seasonal
planting times. Broadcast and/or Hydroseeding of some herbaceous plants and grasses will be applied
immediately, followed with live stakes and container grown materials in the spring. Fiber mats/blankets will be
applied after initial seeding to reduce erosion through the winter. Sediment fences will be installed immediately
around all areas of fill to reduce sediment influx into adjacent waters.
Cabin Cove PCN 11/21/2005
Page 13 of 18
Cabin Cove S/D
PCN Application
Vicinity Map
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Cabin Cove PCN 11/21/2005
Page 14 of 18
Cabin Cove S/D
PCN Application
USGS Site Location

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Cabin Cove PCN 11/21/2005
Page 15 of 18
Cabin Cove S/D
PCN Application
USGS Topo Maps
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Cabin Cove PCN 11/21/2005
Page 16 of 18
Cabin Cove S/D
PCN Application
Waterfall/Pond Site Plan
Waterfall
Structur
Spillway
Dam/Embankment
Outfall
Area to be
Revegetated
Area to be
Revegetated
4
.Y
South
*Not to Scale
Cabin Cove PCN 11/21/2005
Page 17 of 18
Potential Revegetation Plants
Cabin Cove Subdivision
Pond/Waterfall Site
Woody Taxa•
Salix sericea-.Silky Willow- erosion control
Rhododendron maximum- Greater Rhododendron
Comus amomum- Silky Dogwood
Sambucus canadensis- Elderberry
Viburnum latanoides
Viburnum acerifolium
Hydrangea arborescens
Clethra acuminata
Perennials:
Aster cordifolius
Aster novae-angliae
Monarda didyma- Bee Balm
Eupatorium fistulosum
Eupatorium rugosum
Achillea millefolium
Parthenocissus quinquefolia-erosion control
Ferns:
Botrychium virginiana- Rattle Snake Fern
Polystichum acrostichoides- Christmas Fern
Onoclea sensibilis- Sensitive Fern
Osmunda cinnamonea- Cinnamon Fern
Grasses and Sedges:
Andropogon scoparius- erosion control
Carex lurida
Carex baileyi
Andropogon virginicus- erosion control
Danthonia sericea
Scirpus cyperinus
Cabin Cove PCN 11/21/2005
Page 18 of 18
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200630048 County Watauga
Notification of Unauthorized Activity/Permit Noncompliance
Responsible Party: Mr. John Greene
476 Circle Drive
Boone, NC 28607
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Cabin Cove S/D located on a 253 acre tract off of Rainbow Trail; N.W. of Boone
Description of Unauthorized Activity/Permit Noncomplianft: -
Unauthorized construction of a veterfali structm and online pond on an unnaued trbntary to Doe Fork
associated with a road crossing that is part of a main access road serving the Cabin Cove subdivision.
The work resulted in an impact to approx. 60 linear feet of sbTamchannel.
Indicate which of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301(33 USC 1311)
Unless you have a Department of the Army permit for the above-described activity, it is a violation of federal law as
specified above. You have agreed to do no further work in waters or wetlands without the required Department of the
Amory permit. Any farther unauthorized work in waters or wetlands will be considered an intentional violation of
federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. N you continue to work in .waters and wetlands without the
required authorization, and/or fall to perform the requested remedial action, the Corps will take further administrative
action, and may request U.S. Attorney to Me suit against you. If you need further information about the Corps of
Engineers regulatory program, please contact
Steve Chapin at [phone] X224
Remedial Action Requested: As agreed to, within 30 days of the date of this notice, submit an after-the-fact permit
application (PCN) for the above mentioned unauthorized work.
Your signature acknowledges receipt of this notification.
Property OwnwiReRxwsible Party Signature
Project Manager Signature
Date: October 24, 2005
cc: NCDENR-DWQ (Mr. Daryl Lamb)
Watauga County Planning & Inspections Department
Jay Vincent Properties
E'nV Environmental Consulting Services, Inc.
U.S. ARM'S CORD'S OF ENGINEERS
WILMINGTON DISTRICT
Action YD.: 200330246 County: Watauga
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATXON
property Owner: Doe Ridge Properties 40b MKiill and Amen"
Address: W ]ay Vincent Atm: hft Patrick Warren
Post Office Box 1238 Post Office Box 1136
Blowing Rock. NoAh Caroleda 2060S Hickory, No* Carolina, 28603
Telephone Number. 828-297-0700
Size and Location of project (waterway, road nowdaumber, towa, etc.): Cabin Cove Subdivision, south side of NC l ay 194
at Rainbow Trail Road, adjacent to tm amed tributaries to Doe Fork and Howard Crock, WAMP County, North Ca mlim
Description of Activity: loWl 225 if of culvert into four (4) rmnamed tnUt Gies to Doe Fork and Houmd Creels for residential
subdivision as shown on the pions sumbed to tine application.
Applle" Law: _Z_Saction 404 (Clem Water Act, 33 MM 13")
3ecdon 10 (Riga esd HWbor Act of,1899) - . .. .. :. -
Autborhatisa: „3VNet[oawide Petynk Number
Regional Goad Permit Numbs
your work its =&dud by this Regional Gonad (RGP) ar Nationwide MM Permit provkled it is acoomplished in salt
acoaaltmrce wish the anachad taood tLe folbvrlaeg spediat ooaditioms. and Year sda o mod 1lass• Ifyoor ecoo k subjoct to
Sodium 404 (sf Sscdom 404 block above io dumbodk bWbm begi a ft work yea saw; also nseeW 1 s 8ecdm40t water goaihj?
cKdffCld=fromdWW.C.Mid=ofRaTkO eaeoedMilt,sAghow(Ot4)933-1786.
specialCoadblaas
a. The Permon Nan esomta satd cause eo be rope, A, l k dye ViabW C6=W Rs oaw of Deady ndridiwe cormnu%
atxeptabkto no Corp efBad, far the parpooe ofutablaWng o mil 11, e a sMn sbuwa aedie recorded
plot as eouserr eadon areas. In We uslosrat stria it peepdatht. The eenn¦ti resat be r+eamAnd prior to die yak or
cow qj - em of my lets or etiar praperW whit tie srldieltlo L The g n '- a aiali eafarca the !eras Won
rest Udw eoaseants sad, priorto eeaveysom ottha property stall fthismaction sa die propertydaderiW la the
covenants inconsistent with the forms thersof
b. The permlan shall comply with the provisions contained within the sundhed letter from the North CaroNse Wildlife
Resource; Coambalon dated April 2,2M3
Please read and carefiilly comply with the atached eondWom of the ILGP or NW. Any vk6don of the condition s of tlw RGP or
MM raferenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This Depatmrent of the Army RGP or NWP verification does VA relieve the pernme of dice responsibility to obtain say other required
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Wiliarn G. Ross Jr., Secretary
North Carolina Depaftent of Environmerd and Natural Resources
Alan W. Kftek. PA, Director
Division of Water Quality
April 7, 2003
Watauga County
DWQ Project #: 03-0389
Project Name: Cabin Cove
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
Doe Ridge Properties
Attn: Jay Vincent
Post Office Box 1238
Blowing Rock, NC 28605
Dear Mr. Vincent:
You have our approval, in accordance with the attached conditions, to impact 225 feet of stream
for the purpose of constructing a residential subdivision as you described in your application dated
March 27, 2003. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3402, which may be viewed on our website at
ft://h2o.enr.state.nc.us/newetlands. ://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 39
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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
wetland fills for this project.(now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H.0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to-be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. The stream mitigation as described in the application must be constructed and completed along
with the road crossing.
If you do not accept any of the conditions of this certification, 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
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Melling Address)
2321 Crabtree Blvd., Raleigh, NC 276042260 (Location)
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a heating.
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 John Dorney at 919-733-1786.
Sincerely,
. Klimek, P.E.,
JRDfbs
Attachments
cc: Corps of Engineers Asheville Field Office
Winston-Salem DWQ Regional Office
File copy
Central Files
John Vilas, E'nV, 3764 Rominger Road, Banner Elk, NC 28604
- r, -
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. UR. 03 J ® 3g
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: E]
II. Applicant Information D !_5
U
1. Owner/Applicant Information NOV 2 8 2005
Name: Doe Ridge Properties
Mailing Address: PO Box 1238 WETLMDSk4bS
Blowing Rock, NC 28605
Telephone Number: 828.297.0700 Fax Number: 828.295.0047
E-mail Address: jaynvincentproperties.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: Jay Vincent
Company Affiliation: Vincent Properties
Mailing Address: PO Box 1238
Blowing Rock, NC 28605
Telephone Number: 828.297.0700 Fax Number: 828.295.0047
E-mail Address: igyna,vincentproperties.com
Cabin Cove PCN 11/21/2005
Page 1 of 18 '
DEC 7 2005
DENR Y WATL-R QUALRY
WETLANDS AND STORMWATER BRANCH
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cabin Cove S/D
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 2907-47-8182-000
4. Location
County: Watauga Nearest Town: Boone
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Take 421 East from
Boone to Perkinsville. Take NC Hwy 194 North 0.85-miles to Rainbow Trail. One mile to
end of pavement and turn left at fork. Follow gravel road until subdivision gate entrance.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36 14' 21.35" ON 81 41' 18.69" °W
6. Property size (acres): 253-acre tract
7. Name of nearest receiving body of water: Doe Fork, Howard Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/mal2s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped site with existing road bed and a newly
constructed 24 foot spanning bridge that has been permitted by USACE and NC DWQ for
crossing an unnamed stream. In the stream channel below the new bridge is a newly installed
waterfall structure and an online pond that was not part of the original permit. This permit
application is for an "after the fact" NWP 39 for the construction of the above mentioned
Cabin Cove PCN 11/21/2005
Page 2 of 18
features. Vicinity of the site is rural single family residential, agricultural, and undeveloped
forest land. Very low development density in the area.
10. Describe the overall project in detail, including the type of equipment to be used: The overall
project is the proposed development of the 253-acre tract as a large lot (3-acre average)
residential subdivision. Typical construction equipment will be employed including
dumptruck, trackhoe, and front end loader.
11. Explain the purpose of the proposed work: The proposed work is for the construction of a
small online pond and waterfall structure on stream 5 below a recently built bridge to
enhance aesthetics.
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. A NWP 39 and DWQ 401 permit were obtained for 5 stream crossings
utilizing CMP on the first four streams and a spanning bridge on stream 5 for a total of 225 feet
of impact for this 253-acre site. The USACE Action ID for the permit is 200330246 and DWQ
Project# 03-0389. The application was dated March 27, 2003. The DWO 401 permit was issued
on April 7, 2003 and the USACE NWP 39 was issued on May 29, 2003. A total of 385 feet of
stream restoration and enhancement was proposed for this permit application including riparian
planting and re-vegetation as well as bank and channel stabilization measures. All construction,
culverting, and restoration activities relating to this permit were completed by October, 2003.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
-None-
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Cabin Cove PCN 11/21/2005
Page 3 of 18
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: Approximate 4' section of stream
channel filled with concrete and rock structure forming a 10' high waterfall, approximately
15' wide: approximate 28' section of stream channel flooded to form a small pond,
approximately 20'-25' wide: approximate 28' dam construction composed of fill dirt, (2) 8"
PVC pipes for outfall, (2) rip rap overflow drainage structures. Dam is approximately 25'
wide.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
-None-
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: approx. 2-acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
Stream 5 UT-Doe Fork Cement Wall perennial 8 4 001
0
(Waterfall) .
Stream 5 UT-Doe Fork Flooding (Pond) Perennial 8 28 0.005
Stream 5 UT-Doe Fork Dam Construction perennial 8 28 0.005
with associated Fill
Total Stream Impact (by length and acreage) 60 0.011
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
-None-
Cabin Cove PCN 11/21/2005
Page 4 of 18
I Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the vroiect:
Stream Impact (acres): 0.011
Wetland Impact (acres): 0.0
Open Water Impact (acres): 0.0
Total Impact to Waters of the U.S. (acres) 0.011
Total Stream Impact (linear feet): 60.0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ® stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment with standpipe and emergency
overflow
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): aesthetic
Current land use in the vicinity of the pond: Rural Residential- adjacent to count/ grade road
Size of watershed draining to pond: 55-acres Expected pond surface area: 700 sf
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The construction of the dam/
embankment structure and impoundment has been located along the natural elevation contour
across a narrow drainage valley below existing road grade. Access to the pond location is
approximately fifty feet from existing road grade reducing impacts to surrounding areas from
heavy equipment transport of materials and construction.
VIII. Mitigation
Cabin Cove PCN 11/21/2005
Page 5 of 18
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
h=://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
All county and state erosion control measures shall be adhered to for the construction of the
waterfall structure and online pond. Revegetation seeding of impacted stream banks and
slopes initially with a rye/ millet hydroseed, followed with native re-vegetation plantings of
herbaceous, shrub, and tree taxa on approximately 3,300 sf riparian areas on stream 5. Fiber
mats/netting/blankets will be installed as part of the erosion control measures. Proposed
restorative revegetation to begin before 12/25/05 and to end and be fully installed by
04/30/05. A separate list of plant taxa will be included for proposed reve etation project. See
attached Stream Channel Mitigation Planning Checklist.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Cabin Cove PCN 11/21/2005
Page 6 of 18
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify): Yes ® No ? 60 linear feet of impacted riparian buffer along UT-Doe
Fork, which is a WS II, HQW, and Trout Waters.
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 1,100 3 (2 for Catawba) 3,300 sf
2 1.5
Total 3,300 sf
Cabin Cove PCN 11/21/2005
Page 7 of 18
*Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Riparian Buffer Restoration
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Existing impervious acreage is less than 1% of
the total site. Proposed impervious area is approximately 8.45-acres out of a 253-acre site.
Proposed imperviousness is 3.34% of the total site.
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.
Private septic systems. Non-discharge of wastewater.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ?
Is this an after-the-fact permit application? Yes ® No ?
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Cabin Cove PCN 11/21/2005
Page 8 of 18
Gov el ua ua:urp
XV. Other Cirrumsweas (Optional):
C ave.to rotl"a F. 1
It is Elie applicant's responsibility to submit the application surrcic;ndy in advance of desired
construction dates to ullow processing time for these pennits. 11"'wever, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-dawn schedules for hikes. dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of Elie applicant's control).
t
• Z ??r
Appli t/ cot's Signature Date
(Agent's signs re is valid only i(an authorization letter from the applicant is provided.)
Cebu, Cove ITN 1 1121::005
Page 9 of I$
Stream Mitigation Plan Check List
STREAM CHANNEL MITIGATION PLANNING CHECKLIST
(08APRIL02)
ACTION ID: 200630048
SITE/BANK NAME: Cabin Cove S/D
LOCATION/STREAM/COUNTY: 253-acre tract off Rainbow Trail. NW of Boone, Watauga County: UT-Doe Fork
USGS QUAD(S): Boone
WARMWATER COOLWATER -COLDWATER-
PREPARED BY: Sean Martin. Environmental Specialist, E'nV-ECS. Inc DATE: 11-16-05
1. INTRODUCTION
A. Type of Mitigation (Circle/A separate checklist may be prepared if more than one type)
1. -Restoration- Enhancement Preservation
a. -In-Kind- Out-of-Kind Both (i.e. warm for warm, cold for warm, etc.)
b. -On-Site- Off-Site Both
2. Up-Front Concurrent -After-The-Fact- Bank In-Lieu-Fee
B. Stream type/s and linear feet Impacted: Attach or Describe: Aa+ stream type and 60' impact
C. Stream types and linear footage mitigated: Attach or Describe: Aa+ stream type and 60' of stream riparian
habitat that has been impacted by construction of the waterfall structure and pond dam/impoundment will be
restored.
D. Describe mitigation ratios: Three to one
E. Will any Endangered Species, Archeological Resources, or Haz/Tox sites be impacted by this effort? -No-
F. Has stream class been determined on both the impacted stream and the mitigation site? -Yes-
Explain: Mitigation will be conducted on impacted stream which is a WS II. HQW, Trout Waters
II. TARGET GOALS AND FUNCTIONS
A. Are there stated GOALS? -Yes-
Describe: Full removal of all dirt and construction debris from stream channel. Replanting 3.300 sf of disturbed
area within the stream riparian zone surrounding the impact site with native in-kind trees, shrubs and herbaceous
vegetation.
B. Describe Success Criteria: Success will be measured by the complete revegetation of disturbed areas
surrounding impact site with a survival rate of 80% to ensure long term site vegetative coveraoe. Restoration will
mimic surrounding riparian vegetation. Revegetation will ensure bank and slope stability, reducing overland flow
and resulting erosion. Erosion control measures will be measured for effectiveness. Success will also be
measured by the complete removal of all dirt piles and construction debris from the stream channel within the
impact site.
Cabin Cove PCN 11/21/2005
Page 10 of 18
Are they: 1.Specific YES
2.Measurable YES
3.Attainable YES
C. Target FUNCTIONS chosen and indicated? -Yes-
Describe: Stream riparian function: Habitat. Erosion Control, and Nutrient Cycling
D. Was a Stream Reference Reach Evaluated/Surveyed (RE) report prepared? -No-
(Attach reference reach data)
Describe comparison between the RE and the Mitigation Plan:
NOTES:
III. STRUCTURAL COMPONENTS AND MORPHOLOGY
A. HYDROLOGY:
1. What is the current and proposed stream classification based on water quality, morphology, and hydrology?
Describe: WS II, HQW, and Trout Waters: Aa+ stream type: Perennial.
2. Are natural channel design concepts and methods to be utilized for the proposed channel construction activity?
-No- Describe:
3. Have reference and/or regional curves for stream morphology and discharge been applied to this channel
design? -No- Describe:
Describe the drainage area above the mitigation site: Very low density rural residential development mostly
forested.
4. Has sediment transport equilibrium been addressed in the design: -No-
Describe the method used:
5. Have water quality concerns been addressed in this plan? -Yes-
Describe: Riparian buffer restoration.
B. INSTREAM BANK STABILIZATION HABITAT STRUCTURES
1. Are bank and channel stabilization structures planned? -No-
Describe:
(attach typical plan)
2. Are separate fish or other aquatic habitat structures planned? -No-
Describe:
Cabin Cove PCN 11/21/2005
Page 11 of 18
3. Will native/natural materials be used for stabilization, habitat, and other general channel construction?
-No-
List:
C. VEGETATION
1. Is streamside/riparian re-vegetation planned? -Yes-
Describe: Approximately 3.300 sf of disturbed stream riparian habitat will be restored through native plant
revegetation.
2. Is there a plan or need to expand the riparian buffer/corridor? -No-
Describe:
3. Are the proposed riparian' plantings listed to species? -Yes-
4. Are "local" (200 Miles North/South) propagules to be planted and verified by a nursery certificate? -No-
5. Have diversity and densities of species within the RE been considered in the plan? -Yes-
6. Will vegetative plantings and the channel construction area be protected from off site impacts?
(i.e. livestock, vegetation cutting, etc.) -No-
Describe: Forested low-density large lot residential development with no livestock, timbering, or anticipated
disturbances.
7. Discuss Quality Control during planting: To maintain soil structure during planting activities, hand and wheel-
based equipment should be used where feasible to minimize soil compaction. Quality topdress material will be
utilized contain an organic matter content of 3 percent or more and a clay content of 27 percent or less. To
achieve greater vegetative establishment success, a combination of seeding and installation of grown-out plants
will be used. Container plants will be utilized because of well established roots and tall shoots, which result in
improved survivorship under harsh conditions such as a large flooding event or drought Contracting a reputable
contractor that specializes in native stream and wetland plantings will improve results and provide significant long-
term savings.
A. Name and number of person responsible for the success of this project:
Name: Jay Vincent Telephone: [phone]
B. Is there a Monitoring Plan? -Yes-
Describe: Reference photos will be taken and provided to DWQ and USACE documenting the restoration process
and success, as well as a description of the site conditions at the time of each monitoring site visitation.
C. As Built Report provided? -No-
D. Procedure to account for beneficial natural regeneration? -No-
Describe:
V. CONSIDERATION OF CAUSES OF FAILURE
A. How does project rate regarding the following:
1. Elevation:4.000'
Cabin Cove PCN 11/21/2005
Page 12 of 18
YES NO N/A
a. Have Biological Benchmarks been established? N/A
b. Is there a Grading Plan? N/A
c. Is the grading plan specific? N/A
d. Is discing or ripping proposed after grading
and prior to planting? NO
2. Describe provisions for Drainage: Permeable materials used in revegetation
3. Describe Erosion Control Measures: Silt fencing hand tools, fabric netting/ blanket
4. Describe management of human impacts and livestock: N/A
5. Describe management of Herbivory/Noxious Plants: N/A
B. Are there Contingency Plans built into the proposal to address these factors? -No-
Describe when and how will these contingencies be implemented:
VI. SITE MANAGEMENT
A. Describe Final Disposition of the property: Property to be developed as rural large lot residential subdivision
B. Who will manage the site after the mitigation effort is deemed a success?
Name: Jay Vincent Telephone: [phone]
C. Describe Financial Assurances that will be established: N/A
D. Will stream functions be impacted by current or future land use patterns? -No-
Describe:
E. Will this site have the opportunity to function as planned? -Yes-
Describe:
F. Describe how this project rates ecologically: The restoration of the stream riparian area surrounding the impact
site will match the riparian areas located on the property. These riparian zones are of high quality. Quality control
measures will be fully extended to this project.
NOTES:
TIMELINE: Restorative revegetation will begin before 12/25/05 and is anticipated to be completed by 04/30/05.
The reason for the proposed span of time is based on plant seasonal availability and recommended seasonal
planting times. Broadcast and/or Hydroseeding of some herbaceous plants and grasses will be applied
immediately, followed with live stakes and container grown materials in the spring. Fiber mats/blankets will be
applied after initial seeding to reduce erosion through the winter. Sediment fences will be installed immediately
around all areas of fill to reduce sediment influx into adjacent waters.
Cabin Cove PCN 11/21/2005
Page 13 of 18
Cabin Cove S/D
PCN Application
Vicinity Map
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Cabin Cove PCN 11/21/2005
Page 14 of 18
Cabin Cove S/D
PCN Application
USGS Site Location
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Cabin Cove PCN 11/21/2005
Page 15 of 18
Cabin Cove S/D
PCN Application
USGS Topo Maps
x400 ,? ? ?? ?? _ _ _? ?.` t -_,eA?_ a.
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Cabin Cove PCN 11/21/2005
Page 16 of 18
Cabin Cove S/D
PCN Application
Waterfall/Pond Site Plan
Waterfall
Structur
Spillway
Dam/Embankment
Outfall
Area to be
Revegetated
Area to be
Revegetated
4113
_ South
*Not to Scale
Cabin Cove PCN 11/21/2005
Page 17 of 18
Bridge
Potential Revegetation Plants
Cabin Cove Subdivision
Pond/Waterfall Site
Woody Taxa•
Salix sericea-.Silky Willow- erosion control
Rhododendron maximum- Greater Rhododendron
Comus amomum- Silky Dogwood
Sambucus canadensis- Elderberry
Viburnum latanoides
Viburnum acerifolium
Hydrangea arborescens
Clethra acuminata
Perennials:
Aster cordifolius
Aster novae-angliae
Monarda didyma- Bee Balm
Eupatorium fistulosum
Eupatorium rugosum
Achillea millefolium
Parthenocissus quinquefolia-erosion control
Ferns:
Botrychium virginiana- Rattle Snake Fern
Polystichum acrostichoides- Christmas Fern
Onoclea sensibilis- Sensitive Fern
Osmunda cinnamonea- Cinnamon Fern
Grasses and Sedges:
Andropogon scoparius- erosion control
Carex lurida
Carex baileyi
Andropogon virginicus- erosion control
Danthonia sericea
Scirpus cyperinus
Cabin Cove PCN 11/21/2005
Page 18 of 18
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200630048 County: Watauga
Notification of Unauthorized Activity/Permit Noncompliance
Responsible Party: Mr. John Greene
476 Circle Drive
Boone, NC 28607
Telephone Number:
Size and Location of Property (waterbody, Highway name/number, town, etc.):
Cabin Cove S/D located on a 253 acre tract off of Rainbow Trail; N.W. of Boone
Description of Unauthorized Activity/permit Noncomplianw:
Unauthorized construction of a waterfall structure and online pond on an unnamed tributary to Doe Fork
associated ,with a road crossing that is part of a mein access road serving the thbin Cove subdivision.
The work resulted in an impact to approx. 60 linear feet of suwmchannel.
Indicate which of the following apply:
X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301(33 USC 1311)
Unless you have a Department of the Army permit for the above described activity, it is a violation of federal law as
specified above. You have agreed to do no further work in waters or wetlands without the required Department of the
Army permit. Any farther unauthorized work in waters or wetlands will be considered an intentional violation of
federal law.
If you do no further work in waters or wetlands, and perform the remedial action requested below, the Corps of
Engineers will take no further action in this matter. If you continue to work in waters and wetlands without the
required authorization, and/or fail to perform the requested remedial action, the Corps will take farther administrative
action, and may request U.S. Attorney to file suit against you. If you need further information about the Corps of
Engineers regulatory program, please contact
Steve Chapin at [phone] X224
Remedial Action Requested: As agreed to, within 30 days of the date of this notice, submit an after-the-fact permit
application (PCN) for the above mentioned unauthorized work.
Your signature acknowledges receipt of this notification.
Property Owner/Responsible Party Signature
Project Manager Signature
Date: October 24, 2005
cc: NCDENR-DWQ (Mr. Daryl Lamb)
Watauga County Planning & Inspections Department
Jay Vincent Properties
E'nV Environmental Consulting Services, Inc.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action YD.: 200330246 County: Watauga
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERMCATION
property Owner. Doe Rye Properdes 4anb McGill and Associate
Address. Ms. ]ay Vincent Attn: Mr. Patrick Warm
Post Office Box 1233 Post Office Box 1136
Blowing Rock. Nouslt Carolina 28605 Hidcoty, Norris Carolina 28603
Telephone Number. 828-291-0700
Size and Location of project (waterway, road now0sumber, town, etc.): Cabin Cove Subdivision, south side of NC Mdaway 194
at Rainbow Trail Road, adjaceac to unnamed tribm des to boa Fork and Howard Creek, Warauga County, North Cavooliaa.
Descriptias of Aativiiy: IwWl 225 If of culvert imoo four (4) unnamed tn'b atedes to Doe Fork and Howard Creels for residential
subdivision as shown on the plans attached to the application.
ApplMable Law: _sntion 4o4 (Clean Water Act; 33 V.S.C.1344)
Section to (Mmur and 114bor Act *GO") Authorhaatia- 3o Nadonwide POW lumber
]teaiond Generd Permit Number
your work is aughorlmd by the Re&uoal Caaad (RGP) at Nationwide (NWP) Paemit provided it is accomplithed In strict
noordancs with the attached conditions, *0 fbinowing special conditions, and yaw submitted Plans- Nye' wdvity IS sdwd to
Scotmm 404 {dSeetion 404 block abaw is chwhe& bWbm be8iosiarg work yoe Gamic aim neeirwe a Smcdm401 water gastity
t cation; xG of Fakvhoaakaoad W [phone].
Spechd Con"ons
a. The Paste AA a m and cause ro be rsoended i tie Watauga County As etas' et Deeub rasgietima carcoaab,
neopdkb(e to tie Carps of FooweM tlsr tike purpose of k ioikg tlao Gating - l - arils, m obown eethe recorded
plat as coosetnaden anm6 is tbek'tadrat stale k peepet•1ht The ae+raaauts an* be recorded prior to the sate or
cenvayaoce ofanylets erartierpropertywit1 diesrla 01 11 , TiepurveNeedwA mbroslia terse oftie
reshidIve covenants cod, prior to eouvey? of Ain prep", shall UM no actions an the property dessxtbed In the
O Touts Inert with the terms thereof
b. The petwkiftee shell comply with the pnwision s contained within tie ottacbed letter from the North Carolina WWII &
Resources Commisdon dated April 2, 2003
Please read and carefully comply with the Gnashed conditions of the ROP or NW. Airy violation oftho covditions of fltt RGP or
NW referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriats Ito action.
This Depactmew of the Army R.GP or NWP verification does mkt relieve the permitter of the responsibility to obtain any other required
Federal, State, or local approvals!permits. The permidw may aced to contact appropriate Shoe and local agencies before beginning
WOOL
If than an any questions regagdiog this SWhorintion or any of the conditions ofth RGP or NWP, please contact 1he Corps
Repianny oftich l specified below.
Date 29 May 2003
Corps Regulatory Official sew males" Telephone NO. WA 271 7980
>Zspir stfa o n tc et V a9 fiW Zoos
SURVEY PLATS, FEW SKETCH. WETI ANDDBLWATION FORM. BTC„ WW BE ATiACMTO TW WE COPY OF TUB FORM, W RSQMW OR
AVALABLE.
?. O Willem G. Ross Jr., secretary
`O Gy North Carolina Dep utrnerrt of Environment and Natural Resources
Alan W. Klimek, P.E.. Director
Division of Water Quality
p Y
April 7, 2003
Watauga County
DWQ Project #: 03-0389
Project Name: Cabin Cove
APPROVAL of 401 Water Quality Certification including ADDITIONAL CONDITIONS
Doe Ridge Properties
Attn: Jay Vincent
Post Office Box 1238
Blowing Rock, NC 28605
Dear Mr. Vincent:
You have our approval, in accordance with the attached conditions, to impact 225 feet of stream
for the purpose of constructing a residential subdivision as you described in your application dated
March 27, 2003. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3402, which may be viewed on our website at
http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use General Permit Number 39
when the Corps of Engineers issues it. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Sediment and Erosion
Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval
will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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
wetland fills for this project .(now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or-as otherwise provided in the General Certification. For
this approval to.be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. The stream mitigation as described in the application must be constructed and completed along
with the road crossing.
If you do not accept any of the conditions of this certification, 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
N. C. Dive
ion of Water Quality, 401 Wetlands Certification Unit, .
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 276042260 (Location)
a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Dorney at 919-733-1786.
Sincerely,
. Klimek, P.E.,
JRDfbs - -
Attachments
cc: Corps of Engineers Asheville Field Office
Winston-Salem DWQ Regional Office
File copy
Central Files
John Vilas, E'nV, 3764 Rominger Road, Banner Elk, NC 28604
Nl A 7, - Michael F. Easley, Governor
A0 0 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

r r Alan W. Klimek, P.E., Director
5: Division of Water Quality
O .?
NE% Coleen H. Sullins, Deputy Director
O Division of Water Quality
November 29, 2005
Watauga County
CERTIFIED MAEL
E'nV
Attn: John Vilas
3764 Rominger Road
Banner Elk, NC 28604
Subject: Cabin Cove Subdivision
Application Sets
Application Fee Payment
Mr. Vilas:
On November 28, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application and
check in the amount of $175.00 on behalf of Doe Ridge Properties for a 401 Water Quality Certification in
Watauga County, North Carolina. Please note that beginning January 1, 1999, the N.C. General Assembly passed
legislation requiring payment of a fee for all 401 applications. The fee for applications is $200 for projects
impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or
more acres of wetland or 150 or more feet of streams, the fee is $475.
In order for DWQ to begin review and process your request, you must send a check in the appropriate amount
made payable to the N.C. Division of Water Quality. Your check is being returned for correction of payment
amount.
DWQ requires a total of five (5) complete applications sets and associated maps in order to begin the review
process. Please submit two (2) more application sets.
If you have any questions regarding this letter please do not hesitate to call me at [phone].
Sincerely,
Cyn i Karoly
Enclosure: Check #1325 for $175.00
CBK/ljd
cc: File copy + check copy
Cabin Cove (Watauga) Retu for sets-fee
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748

}
ENV, INC. 1325
3764 ROMINGER RD
BANNER ELK, NC 28604
66-1621531
` 0 •.-
DATE BRANCH 30155 -
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PAY
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ORDER OF 0.0
GV(p r vt,P y U S DOLLARS F
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WACHOVIA
Wachovia Bank, N.A.
ACH R!f 053101626
Cmvt Yo/
FOR u ?'? ?? "p
11100 1 3 2 SII' I:0 5 3 LO L 6 26i: 200000 L L 70 4 n¦
LAND MANAGEMENT GROUP, INC. O?
ENVIRONMENTAL CONSULTANTS
North Carolina Division of Water Quality 5/14/2003
Date Type Reference Original Amt. Balance Due Discount Payment
05/14/2003 Bill 401 Water Quality 200.00 200.00 200.00
Check Amount 200.00
CP
Ck>
Coastal Federal Bank 401 Water Quality Application 200.00