20060799 Ver 1_COMPLETE FILE_20060510

MAR-21-2806 11:07 AM 8283284sac
ARMY CORPS OF ENGlliil ERE
WILMINGTON DISTRICT
Actamt ID: 200630620 County: Burke
Notification of Unauttloitized Activity/Permit Noncompliance
Responsible Party: Mr. Otiettr Vasquez
P.O. Box 961
Granite Falls, YC 28630
P. 01
Telephone Number:
Size and Location of Property (waterbody, ffitghway nameinumbcr, towvn,.etc.):
Paradise Harbour residential development located east o[ shady Grove 2m d (SIX 1608); north of Camel(Y Sprhtt s
Description of Unauthorized Actirity/Permit Noncompliance:
(1) Relocation of approx. 270 IF of Nolden Creek into a newly constructed channel; (2) Installation of an
85 LF, 14foot culvert . in holden Creels; and (3) Discharges associated with operating heavy eguipmant in
Nolden Creek for approx.120 LF upstream from the culvert for the purpose of narroving and
straightening the channel,
Indicate which of the following Apply-
-X Unauthorized Activity River & Harbor Act, Section 10 (33 USC 403)

Noncompliance with Permit X Clenn Water Act, Section 301 (33 USC 131 1)
Unless you have a Department of the Army permit for the above-describcd petivit<y, it as a violatton of federal 1*w as
specified above. You have a"d to do no further work in waters or wetlands without the reWimd D911arfinentof the
Army permit. Any further unauthorized work In waters or wethattds will be considered an httentional violation of
federal law.
If you do no further work in waters or wedunds, and perform the remedial action requested below, the Corps of
FAtgincers will take no further action in this mutter. if you continue to work in waters and wetlands without the
required authorization, andlor flail to perform the requested remedial actiwt, the Corps will take furdur administrative
action, and may request U.S. Attorney to file suit against you. If you need further Information about the Corps of
Fnglneers =91111atory proms, please contact
Steve Chapin at [phone] X224
Remedial Action lteauested. As agreed to, within 30 days of the date or this notice. You will submit a plats which Will
satiaty ours and the State's requirements for restoring the impacted stream- Rate mdm measures for the Current
stream channel in the Impact area should include but are not Waited to: (1) Widening the channel to eonfwm with
apstream and downstream reference widths; (2) Construction of a fiotxiptain bench adjacent to the channel; (3)
Removal of siedimcnt disclwple pipes; (4) Returning; sinuosity to the stream as much as pasidble; (5) Planting of AT
LEAST 25 foot wooded buffers from top of bank on both sides of the current channel and planting of woody vet
on the stream banks, (6) installation of structural components in the current channel to improve fish hwbitat; and (7)
Apply for an aftr-the-fact Nationwide Pmuit No. 39 for the culvert placemant and a Nationwide Permit No. 27 for
restoration work to be done an the current channel.
your signature acisnowled; m rc cdpt of this notitlcatlon.
Property O wnerlResponAble Party SiPature
Project Manager Signature ?Date! March 17, 2X16
cos NCDMR-DWQ (Mr- Kevin Barnett) l WNR (R.Newton)
MAY-10-2e06 02:31 PM 8283284380 P.01
o?4t; WATNQG
a
Y
May 1, 2006
CEURTIFMD MAllll,
RUE RE E191 REQUESTED
Oscar Vasquez
Post Office Box 961
Granite Falls, NC 28630
michad R Easley, Governor
waliam 0. Rou Jr., so may
North Carol inn Department of Emirmau t and Natural Raro nu
Alan W. Klimek, P E Dim=
Division of Water Quality
7005 0390 0001 3552 9241
Subject: Notice of Violation and Enforeement Action Recommendation
Paradise Harbor
Construction Stormwater Permit NCGO10000
SurtACe Water Standurds
Burke County
Dear N&. Vasquez:
On March 9, 2006, Kevin Barnett from the Division of Water Quality (DWQ) Asheville Regional Office met
on-site with your Consultant and Mrs. Allison .Davidson of the NC Division of Land Resources to perform a site
inspection of the property' located cast of Shady Orevc Road (SRI 608) in Burke County, North Carolina.
During the site visit, the investigators took photographs and made observations of unauthcri2ed impacts to an
unnamed tributary to Nolden Creek (Classified: Water Supply ]V (WS-IV) waters). The largest impacts were
caused by the relocation of an approximate 493 linear feet isnd culvertinb of an approximate 90 linear het of
stream.
A DWQ file review confirms that impacts to stream and riparian (strcarnsidc) areas occurred prior to the
submission of a Pre-Construction Notification or arty authorization, permit, or 401 Water Quality Certification
from the Division of Water Quality. As a result of the site inspections and file review, the following violations
are noted;
1) Failure to secure a 401 Water Quality Certification
2) Preclusion of"beat usage
3) NCGO10000 Stormwater Permit Condition Violations
?t'a?-amr
NOVA carotim (NVislrm+Irwatcr Quality 209V U.S. tit`eway !0 S--annaaao. N : 1x77% Phone [phone] : uatamar 9erviee
Insamot wwwxcfmWquN ty.org FAX [phone] I-877_6X416'da
An Equal bpporG *1A}l1rrnadveActonEmpkryer-10%Recrdecill0%PeatComumerPeaer
MAY-10-2006 02:32 PM 8283284380 P-02
Oscar Vasquez
Paradise iiaroor
Notice of 111olation
Page Z of 7
May 1, 2008
LU I. Failure to Secure a 401 Water (duality CertifIeatlaq
Impacts to streams have occurred at this tract from grading and culverting activities. However, a 401 Water
Quality Certification has not been issued for this impact, and a 401 Water Quality Cettiftcation or authorization
has not been sought. A 441 Water Quality Certification is required for the above-mentioned impacts pursuant
to 1SA NCAC 214.0500.
The restoration of the stream affected by these impacts must he permitted through a respective 404 Permit from
the US Army Corps of Engineers and corresponding 401 Water Quality Certification from DWQ must be
obtained. If you need assistance in with these efforts, please call the 1IS Army Corps of Engineers at (828) 271-
7980 or Kevin Barnett with the DWQ at [phone].
Item B, Preclusion of Beat Useaee
A DWQ site visit and file review confirmed that stream impacts occtrred to Nolden Creel:, class WS-IV, in the
Catwaba River Basin: Furthermore, these impacts occurred prior to the proper securing of a Permit from the US
Army Corps of Engineers and a 401 Water Quality Certification from the Division of Water Quality. Thrace
impacts include the re-alignment and eulverting of the stream. This severe impact has resulted in a stream
standard violation.
Specifically, 15A NCAC 21:3 .0211 (2) states that the preclusion of best usage, which includes aquatic life
propagation, biological integrity, wildlife, secondary recreation, and agriculture represent a water quality
standard violation.
Items TI4 NC:GO10400 Stormwater Permit Condition Violations
1. Fart I Section C: (2,): Schedule of Compliance
During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenanca necessary to operate the stortnwater controls at optimum efficiency.
2. Part Il Section Ctll: PrnEer Oreration and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (find related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this general permit.
3. Part TT Section E: Anticipated Noncompliance
The permittm shall give advance notice to the Director of any planned changes in the permitted
facility or activity, which may result in non compliance with the general permit requirements.
MAY-10-2066 02:32 PM 8283284380 P.03
Qscar a-gua
Paradise Harbor
Notice of V104on
Page 3 of 7
4. Part I„ Section & MinimNrn Monitorin atr nd RWtrtina Requirements May 7, 2008
1. All sedimentation and erosion control facilities shall be inspected by or tinder the direction for the
permittee at least once every seven calendar days (at least twice every seven days for those facilities
discharging to waters of the State listed on the latest FPA approved 303(4) list for construction related
indicators of impairment such as turbidity or sedimentation* *) and within 24 hours after any storm event
greater than 0.5 inches of rain per 24 hour period. A rain gauge shall be maintained on the site and a
record of the rainfall amounts and dates shall be kept by the permittee.
(*'note: The latest approved list may he obtained from the Division of Water Quality, or fYom the
following web site location: httpJ/h*o.cr r.state.ne.us/su/consttuction3O3d)
2. Stormwater runoff discharges shall be inspected by observation for stormwater discharge
characteristics as defined below at the frequency In it 1 above to evaluate the effectiveness of the
pollution control facllltIeS or practices. If any visible sedimentation is leaving the disturbed limits of the
site, corrective action shall be taken immediately to contra] the discharge of sediment outside the
disturbed limits. (sec Stormwater Discharge Characteristics In the permit which can be found at
ham//h2o.enr.state.nc.uslsu/Foan Docurnents htm4SlormwaterOP)
1, The operator shall keep a record of inspections. Visible sedimentation found off the site shall
be recorded with a brief explanation as to the mmsures taken to prevent future releases. Any
measures taken to clean up the sediment that has left the disturbed limits shall also be recorded.
These records shall be made available to DWQ or authori?.ed agent upon request.
At the time of the inspection, Stormwatrr records are being kept as pan of a construction log. The
appropriate record forms roust be utilized (located at
httn://vwvw.ncwaterquali Jy.orz su/dncumemslNCG0I 1 oksheet pdf ).
Reaugted Reanonse
This Office requests that you respond to this letter in writing within 15 clays of Receipt of this Noticx.
Your response should be sent to the following:
+ Kevin Barnett, of the Division or Water Quality, Asheville Regional Office (at the letterhead
address)
and to
• Mr. Danny Smith of the DWQ NPS Assistance and Compliance Oversight Unit 1617 Mail
Service Center, Raleigh, NC 27699.1617.
Your response sihoald address each the following items:
1. As detailed in the attached addendum, the NCG010000 storrnwuter permit requires inspection and record
keeping requirements for the project site. Accordingly, it is requested that your respond to the DWQ by
provided a copy of all rain gauge data and weekly inspection/monitoring reports related to your
inspections of the approved sedimentation and erosion control facilities. Copies of all corresponding
inspections subsequent to rain events greater than 0.5 inches are requested as well. Also. please provide
inspection information that was rcco rdccd with mspezct to measures taken to clean up sediment that has
left the disturbed limits of the site. failure to provide this information will constitute violations of the
subject NPDES NCG010000 stormwater permit.
This information must he mailed to the Regional Mee at the letterhead address within 13 days of
receipt of this letter and must include rain gauge data and monitoring records through to the date
of your written response to this letter.
i9AY-10-2006 ia2 :33 P^7 82H3294380 R. B4
Oscar Vasquez
Paradlu Harbor
Hotka of Violmdoo
page 5 of 7
May t, 2000
cc: Jason Z Morrell
Wetland and Ecological Consultants, LLC
3225 South Cherokee Lane Building, 800
:Woodstock, GA 30188
Mr. Steve Chapin, Asheville Regulatory Field Office, US Army Corps of Engineers
ARO - Division of Land Resources
ARO - Division of Water Quality
DWQ - N'FS Compliance and Assistance Unit Danny Smith
Burke County Building Inspections Office
Cenual Files
MAY-10-2006 02:34 PM 3283284380 P.05
Oscar Vasquez
ParadiBe Harbor
Notice of Yoiation
page 8 of 7
May 1, 2008
Addendum
eneral Stormwater_Permit INCG01110000 - Condition Violations
In conjunction with the receipt of the Erosion and Sedimentation Control Plait approval issued by the Division
of Land Resources (MR), an NPDES general stormwater permit (NI CG0i00000) administered by the Division
of Water Quality (DWQ) was issued for your pmject. This General Permit allows storrnwater to be discharged
during land disturbing activities as stipulated by conditions in the pcunit.
The following permit conditions are listed to assist you and to help bring your attention to certain permit
conditions requirements. A fc111 copy of this permit (NCGO10000) may be obtained on line at
h=:Llh2o_onr.state.nc.iislsu/Forms nocuments.'.itmiESrormwtterGP or at your request.
fart I. Section A (2): Final Limitations and Controls for Stormwater Discharges
2. The permitter shall implement the plan (Sedimentation and Erosion Control Plan), which has been approved
by the approval authority. The aprrovcd plan is cormidered a requirement or condition of this general permit.
Deviation from the approved plan, or approved amendment to the plan shall constitute a violation of the terms
and conditions of this general permit except that deviations from the approved plan will be allowed (1) to
cotzsrct an emergency situation where sediments are being discharged off' the site or (2) when minor
modifications have been made for the purpose or improving, the perrormance of the erosion and mdimentation
control measures and notification of the minor modification has been made to the Division of Land Resources
(or approved local program). Such a deviation shrill be noted an the approved plan maintained at the job site.
Dining active construction, a copy of the approved plan shall be maintained on the site.
Part I Section C (2): Schedule of Compliance
2. During construction and until the completion of a construction or development and the estabiishment of a
permeuimt ground cover, the pennittec shall provide the operation and maintenance necessary to operate the
stormwater controls at optimum efficiency.
Part II Section £: Anticipated 1Noneomplixnee
The permittee shall give advance notice to the Director cif any planned changes in the permitted facility or
activity which may result in non compliance with the general permit requirements.
Fart L. Section Ii: Minimum Monitoring and Reporting Requirements
1, All sedimentation and erosion control fltcilitien shall be inspected by or under the direction for the permittee
at least once every seven calendar days (at least twice every seven days for those facilities discharging to waters
of the State listed on the latest EPA approved 303(d) list for construction related indicators of impairment such
as turbidity or sedimentation"*) and within 24 hours after any storm c%lcnt greater than 0.5 inches of rain per 24
hour period. A rain gauge shall be maintained an the site and a record of the rainfall amounts and dates shall be
kept by the perrnittee.
("note: The latest approved list may be obu ined from the Division of %lfter Quality, or from the following
web site location: http:11h2o.enr.state. ne.ci4?suk4-sn-tructiotO03d)
? 8283284380 P•0E'
MAY-18-'2006 92:3G1 PI'1
r os= Vasquez
Paradise Haftf
Notice of Molation
Page? of 7
May 1, 2008
2. Stormwater runoff discharges shall be inspected by observation for stormwater discharge characteristics as
defined below at the frequency in 0 1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation is leaving the disturbed limits of the site, corrective action shall be taken
lmmedistely to control the discharge of sediment outside the disturbed limits. (see Stormwater Discharge
Characteristics in the pcrinit which can be found at
htteJ/h2o,enr.stttte.nc.us/mVForms llocumcny0tm Stormwatgp0E)
3. The operator shall keep a record of inspections. Visible sedimentation found off the site shall be recorded
with a brief explanation as to the measures taken to prevent filture releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be made available to
DWQ or authorized agent upon request.
The developer of Paradise Harbor, Mr. Oscar Vasquez, proposes this
restoration plan to restore approximately 185 linear feet of Nolden Creek
up- and downstream of an existing culvert. The plan, as outlined within this
document, serves as guidance for the proposed restoration. _
Restoration will be:
• removal of sediment basins and discharge pipes
• installation and stabilization of a floodplain bench
• installation of high flow culverts
• creation of aquatic habitat using boulders and large woody debris
• installation of topsoil
• temporary seeding to aid in stabilization
• planting of stream banks and riparian buffers with permanent
vegetation
Project oversight will be provided by WNR, Inc. staff to ensure proper
techniques and success; and to propose modifications during the
construction process, if necessary.
Construction Plan and Specifications
The restoration process will begin with the removal of 2 sediment basins and
3 discharge pipes. If sediment basins are still needed upon completion of
construction, flow from the sediment basins will be discharge across level
spreaders causing diffuse flow into the channel. Once discharge pipes
have been removed, installation of a floodplain bench on the right side of
the stream channel will begin.
The drainage area for Nolden Creek is approximately 3.23 square miles.
Based on this calculation, the floodplain bench will be excavated to an
elevation such that the bankfull depth of the stream does not exceed 1.5
feet. The bench will continue horizontally to a length of no less than 20
linear feet, then graded at a 2:1 slope to match the existing grade on site.
Two, 24-inch high flow culverts will be installed adjacent to the main culvert
at the floodplain bench elevation to allow for the passage of high water
should a bankfull event occur. All side slopes of the road will be stabilized
using grass species appropriate for soil stabilization and stringent erosion
control techniques will be utilized to ensure sediment does not enter the
newly restored stream channel.
Natural rock and large woody debris harvested on-site will be used to
restore aquatic habitat in the stream channel. Boulders no less than 2 feet
in diameter will be placed in clusters at random intervals in the channel
along the relocated reach. Root wads will be utilized in conjunction with
the boulder clusters to aid in bank stabilization adjacent to boulder clusters
and provide further aquatic habitat.
Planting Plan
Once the floodplain bench, boulder clusters, and root wads are installed,
focus will be moved to the restoration of the stream banks. Topsoil
harvested on-site will be added to the stream banks at a minimum depth
of six inches. In an effort to keep the system as natural as possible and to
prevent any excess nutrient runoff into the stream, no soil amendments,
such as fertilizer, will be added. The slopes will be planted with appropriate
riparian species from an approved list (Attachment A) to recreate the
natural buffers which occur on site. Where the roadbed does not act as a
barrier, buffers will be planted at a width of no less than 25 feet. Rosebay
Rhododendron and Dog-Hobble will be planted at a dense ratio toward
the outer edge of the stream buffer to minimize re-colonization by invasive,
exotic species.
During other construction, some permanent vegetation will be harvested
from site with similar slopes and aspects to ensure suitability. To minimize
damage and ensure survivability, this vegetation will be carefully
excavated and prepared for transport. Six to eight tree and shrub species
will be chosen and planted on 10 foot centers, resulting in 436 stems per
acre. Large trees will be anchored into the ground as necessary.
Species harvested on site will be supplemented with bare root seedlings to
provide additional species richness and diversity. Tree shelters may be used
to accelerate growth and increase survivability.
Bare root plants will be inspected upon delivery. Seedlings should have
strong stems and a healthy, well formed root system. Any seedling that are
withered, have slimy roots, or those that are excessively dry should be
rejected. Acceptable seedlings should be planted as soon as possible
after delivery. If, due to unforeseen circumstances, seedlings can not be
planted immediately, they are to be stored in a protected, shady location
until they can be properly planted. Stored plants should not be allowed to
dry out or freeze.
Contractors will assure percolation of all planting beds and pits prior to
installation. Once planted, the specimens shall appear healthy with no leaf
spots, leaf damage, leaf discoloration, chlorosis, leaf wilting or curling, or
evidence of insects on leaves or stems.
4
The objective will be to mimic the natural buffers that occur on site, which
are comprised mainly of trees and shrubs. However, millet, or an
equivalent annual grass, will be used initially as a temporary cover crop to
aid with soil stabilization.
Timetable for Restoration
The stream restoration project will begin sometime this spring. The following
timetable is presented for restoration work. Ranges are given below to
allow for rain days and other unexpected delays.
• 1-2 days to remove sediment basins and discharge pipes
• 1-2 weeks to construct floodplain bench and install high flow culverts
• 3-5 days to harvest on-site materials
• 1-3 days to install boulder clusters and root wads
• 1-2 weeks to install vegetation
Depending on weather conditions or other delays, the restoration work
should be completed within one month. Photographs will be taken and
forwarded to the Army Corps and NC DWQ offices once all restoration
work is completed. Please contact WNR staff to schedule a site inspection
if desired.
fl
Paradise Harbor Stream Enha acMent
A. Removal of three discharge pipes
i3. Remcvai of Sediment basin
C. Construction oi. >2oft, oxide rfloodpiain bench
D. Irstallatior, of >25ft. wide vegetated riparian buffer
E. Installation of Mo 24in. high low culverts
Installation of >2;t. boulders and large woody
debris in channel
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• NEWTON, NC 28658
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Recommended Native Species for
Stream Restoration
Trees
Yellow Buckeye Aesculus octandra
Sweet Birch Betula /enta
River Birch Betula nigra
Bitternut Hickory Carya cordiformis
Shagbark Hickory Carya ovata
Persimmon Diospyros virginiana
Green Ash Fraxinus pennsylvanica
Carolina Silverbell Halesia carol/n/ana
Blackgum Nyssa sylvatica
Sycamore P/atanus occidenta/is
Black Cherry Prunus serotina
Black Willow 5a/ix nigra
White Basswood Tilia heterphy/la
Small 'gees and Shrubs
Tag Alder Alnus serrulata
Serviceberry Amelanchier arbrea
Red Chokeberry Aronia arbutifo/ia
Common Pawpaw Asimina triboba
Sweet-shrub Ca/ycanthus floridus
Ironwood Carpinus caroliniana
Alternate Leaf Dogwood Cornus a/tern/fo//a
Silky Dogwood Cornus amomum
Hazel-nut Cory/us Americana
Witch Hazel Hamame/is virginiana
Winter Berry Ilex verticillata
Doghobble Leucothoe ax/llar/es
Spicebush Lindera benzoin
Male-berry Lyonia //gustrina
Umbrella Tree Magnolia tr/peta/a
Ninebark Physocarpus opulifolius
Wild Azalea Rhododendron per/c/ymenoides
Swamp Azalea Rhododendron viscosum
Swamp Rose Rosa palustris
Silky Willow Sal/x sericea
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Small Trees and Shrubs (con't)
Meadowsweet Spirea latifolia
Sweet Leaf Symplocos tinctoria
Withe-rod Viburnum cassinoides
Yellow-root Xanthorhiza siMPACissima
Herbaceous
Jack-in-the-Pulpit Arisaema triphyllum
Swamp Milkweed Asclepias incarnate
Fringed Sedge Carex crinata
Bladder Sedge Carex intumescens
Hop Sedge Carex lupulina
Lurid Sedge Carex lurida
Broom Sedge Carex scoparia
Tussock Sedge Carex stricta
Fox Sedge Carex vulpinoides
Turtlehead Chelone glabra
Umbrella Sedge Cyperus strigosus
Bottlebrush Grass Elymus hystrix
Joe-Pye Weed Eupatorium fistulosum
Boneset Eupatorium pen`oliatum
Jewelweed Impatiens capensis
Soft Rush Juncus effuses
Rice Cutgrass Leersia oryzoides
Cardinal Flower Lobelia cardinalis
Great Blue Lobelia Lobelia siphilitica
Seedbox Ludwigia alternifolia
Switchgrass Panicum virgatum
Tearthumb Polygonum sagittatum
Green Bulrush Scirpus atrovirens
Woolgrass Scirpus cyperinus
Soft Stem Bulrush Scirpus validus
Bur-reed Sparganium americanum
March Fern Theypteris palustris
River Oats Uniola latifolia
Ironweed Vernonia noveboracensis

Wetland and Natural Resource
Consultants, Inc.
May 11, 2006
NC Division of Water Quality
Attn: Mr. Kevin Barnett
2090 US Highway 70
Swannanoa, North Carolina 28778
Re: Paradise Harbor, LLC
Burke County, North Carolina
Dear Mr. Barnett:

nr'#ir-j1Ir7 n
The attached Pre-Construction'Notification (PCN) is being submitted on behalf of Mr. Oscar
Vasquez with Paradise Harbor, LLC. On March 17, 2006 and May 1, 2006, Mr. Vasquez received a
Notice of Unauthorized Activity (UA) from the USACE and a Notice of Violation (NOV) from your
agency for the construction of a permanent road crossing without permit authorization. Mr.
Vasquez is seeking after-the-fact Nationwide 39 permit authorization for these impacts.
In addition to the after-the-fact authorization, Mr. Vazquez is requesting Nationwide 27 and 39
permit authorizations for the restoration of the relocated section of Nolden Creek and the
installation of two additional road crossings. A restoration plan, meeting the required remedial
actions set forth in the UA and NOV, has been included.
Mr. Vasquez has requested to pay into the NC EEP for additional impacts on site. Upon receipt, a
copy of the acceptance letter will be forwarded to your office.
Please do not hesitate to contact me should you have any questions regarding the attached PCN and
restoration plan.
Best regards,
jj?
Rebekah L. Newton
828-713-1930 NCDWQ
CC: DWQ NPS Assistance and Compliance Oversight
Attn: Mr. Danny Smith
1617 Mail Service Center
Raleigh, North Carolina 27699
?r
MAY 1 2 2006

"?NCDWQ
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Newton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fax [phone] Fax

Office Use Only: Form Version March 05
?J ) 7
USACE Action ID No. 1DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
II.

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: ATF 39; NW 39 and 27
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: ?
i i i ?, I qtr r i
Owner/Applicant Information h1AY 1 2 2000
Name: Paradise Harbor LLC Attn: Oscar Vasquez
Mailing Address: Post Office Box 961 1 e c rr
Granite Falls, North Carolina 28630'
Telephone Number: Fax Number:
E-mail Address:
Applicant Information
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: Rebekah Newton
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
68 Poplar Street
Canton North Carolina 28716
Telephone Number: 828-648-8801 Fax Number: 828-648-8802
E-mail Address: [e-mail]
Updated 11/12005
Pagel of 8

M. Project Information
Attach a vicinity reap 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: Paradise Harbor
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
3. Property Identification Number (Tax PIN): 276400770025
4. Location
County: Burke Nearest Town: Rutherford Collie
Subdivision name (include phase/lot number): Paradise Harbor
Directions to site (include road numbers/names, landmarks, etc.):
40 East to exit 113, travel north, turn east onto Hwy 70, turn north onto Shady Grove Road,
continue straight onto Thomilson Loop, subdivision entrance on right
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): 35.770691 ON 81.489962 °W
6. Property size (acres): +/- 400 ac
7. Name of nearest receiving body of water: Nolden Creek
8. River Basin: Catawba
(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.ne.us/admin/mgps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is mostly wooded with the exception of road
infrastructure including culverts for a residential development. Land surrounding the area is
comprised of rural housing and pasture land.
Updated 11/1/2005
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
Installation of a flood plain bench, high flow- culverts, boulder clusters, roots wads and
riparian vegetation. (See attached restoration plan for details). Construction of two
additional culverted road crossings_ Equipment to be used includes general earth moving
equipment and hand tools.
11. Explain the purpose of the proposed work: The purpose of the work is to return the
impacted portion of Nolden Creek to a more natural and stable condition. Provide road
access to a single-family residential development.
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 Notice of Unauthorized Activity was issued by the- Corps on March
17, 2006 (AID # 200630620). A Notice of Violation was issued by DWO on May 1, 2006.
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.
The developer plans to build single family homes on residential lots. No additional permits are
anticipated for this development
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
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.
Updated 11/1/2005
Page 3 of 8
1. Provide a written description of the proposed impacts: A 10 ft diameter culvert has been
installed impacting approximately 85 linear feet of Nolden Creek. An additional 185 linear
feet of Nolden Creek will be impacted associated with its restoration. Two additional
culverts will be installed to complete road infrastructure within the development.
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,
senarately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
n/a

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: n/a
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, mult'ply length X width, then divide b 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 UT Nolden Creek Culvert P 6-8 ft 85 .015
2 UT Nolden Creek Restoration P 6-8 ft 185 .033
3 UT Nolden Creek Culvert P 3 ft 75 .005
4 UT Nolden Creek Culvert P 4 ft 75 .007

Total Stream Impact (by length and acreage) 420 .06
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.
Updated 11/1/2005
Page 4 of 8
Open Water Impact
Site Number
(indicate on ma) Name
of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
n/a

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): .06
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S: (acres) .06
Total Stream Impact (linear feet): 420
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
n/a
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): n/a
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): n/a
Current land use in the vicinity of the pond: n/a
Size of watershed draining to pond: n/a Expected pond surface area: n/a
VH. Impact Justification (Avoidance and N inimization)
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. Impacts have been minimized
by utilization of strinsent erosion control measures. The Corps andDWO have allowed the
relocated section of stream and culvert to stay in their present location reducing any additional
impacts associated with returning the channel to its original location. The restoration is expected
to enhance stream health and overall quality. The two additional culverts will be installed
perpendicular to the stream with minimal land/stream disturbance. Headwalls will be utilized on
Updated 11/1/2005
Page of 8
the two additional crossings to further minimize pipe length needed for a stable crossing. Any
rip-rap used will be contained above the OHWM.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.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.
Mitigation is proposed through purchase into the NC EEP. A request for 235 if of stream
mitigation was sent to the NC EEP on May 10 2006. No mitigation is proposed for the
length of stream to be restored because the restoration activities in themselves will serve to
better the stream and the surrounding environment.
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/wM/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Updated 11/1/2005
Page 6 of 8
Amount of stream mitigation requested (linear feet): 235
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.
X.
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 ?
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
(Neuse), 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 n/a )? Yes ? No
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 Multiplier Required
(square feet) Mitigation
1 n/a 3 (2 for Catawba) n/a
2 1.5
Total
Zone I extends out 30 feet perpendicular
additional 20 feet from the edge of Zone 1.
the top of the near bank of channel; Zone 2 extends an
Updated 11/1/2005
Page 7 of 8
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. n/a
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.
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.
On site septic is proposed for sewage disposal
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
hqp://l12o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No
future impacts to the area anticipated as a result of this project. No additional impacts on this
site to occur.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
n/a
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 1111/2005
Page 8 of 8

Wetland and Natural Resourc e
Consultants
Inc.
, Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PC Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Qualit'/
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
I, the current landowner of the property identified below, hereby authorize'Meband and Natural
Resource Consultants, ;inc. to act on my behalf as my agent during the processing of permits to
impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the
Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Weiland
and Natural Resource Consultants, Inc. star.
Wetland and Natural Resource Consuitants, Inc, is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Cwner of Record:
Address:
Address:
Address:
Phone Number:
Property Location:
Owners Signature:
Date:
Canaan U-I ice
PO 3-ox 882
Canton, NC 2S7!a
328-644-8801
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Msvvtcri, SIC 23638
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Name: GRANITE FALLS Location: 035.7736979°N 081.4844714'W
Date: 5/2/2006 Caption: Oscar Vasquez - Paradise Harbor
Scale: 11 inch equals 2000 feet +/- 900 acres
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Soil Survey of Burke County, North Carolina; Caldwell County, North Carolina Paradise Harbor
Map Unit Legend Summary
Burke County, North Carolina
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
AaA Arkaqua loam, 0 to 2 percent slopes, 3.5 0.1
occasionally flooded
CvA Colvard sandy loam, 0 to 3 percent 24.8 1.0
slopes, occasionally flooded
FaB21 Fairview: sandy clay loam, 2 to 8 317:0 13.1
percent slopes,. moderately eroded
FaC2 Fairview sandy clay loam, 8 to 15 602.1 24.9
percent slopes, moderately eroded
FaD2 Fairview sandy clay loam, 15 to 25 368.8 15:2
percent slopes, moderately eroded
MoE Meadowfield-Rhodhiss complex, 25 to 122.9 5.1
60 percent slopes, very stony
RhE Rhodhiss sandy loam, 25 to 45 percent 374.7 15.5
slopes
W Water 270.0 11.2
WoB2 Woolwine-Fairview complex,. 2 to 8 19.4 0.8
percent slopes, moderately eroded`
WoC2 Woolwine-Fairview complex, 8 to 15 77.3 3.2
percent slopes, moderately eroded
WoD2. Woolwine-Fairview complex, 15 to 25 53:3 2.2
percent slopes,. moderately eroded
Caldwell County, North Carolina
No map data available for this soil survey area.
USDA Natural Resources Web Soil Survey 1.1 5/11/2006
-,., Consenation Senice National Cooperative Soil Survey Page 3 of 3

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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 1/25/05)
Print this form, fill in information and sign, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or Agent * Pamela Teague (agent)
2. Name of Business * Wetland and Natural Resource Consultants
3. Street Address * P.O. Box 224
4. City, State, Zip * Newton, NC 28658
5. Telephone * 828-310-6845
6. Fax [phone]
7. E-mail [e-mail]
8. Project Name * Paradise Harbor
9. Project Location " East Paradise Harbor Drive
10. Lat-Long Coordinates 35.7744' N 81.4785 W
11. River Basin * Catawba
12. Cataloging Unit (8-digit) 03050101
13. Project County * Burke
14. Riparian Wetland Impact * N/A
15. Non-Riparian Wetland Impact * N/A
16. Coastal Marsh Impact * N/A
17. Stream-Cold Impact' N/A
18. Stream-Cool Impact * N/A
19. Stream-Warm Impact' 235 linear feet
20. Buffer-Zone 1 Impact * N/A
21. " Buffer-Zone 2 Impact * NIA
22. Buffer-Total (Zone 1 + Zone 2) * N/A
Date:
Attachments? [ Yes ? No VS &S Signature of Applicant or Agent:
* Required information; zero answers in 14-22 should be indicated with "0" or "NIA", not left blank.
** Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
- Go to EPA "Surf Your Watershed" http://cfaub.epa.gov/surf/locatefndex.afm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw(&ncmail.net
r"t 'I**-
-- Ecosystem
PROGRAM
INVOICE
October 13, 2006
Mr. Oscar Vasquez
Paradise Harbor, LLC
P O Box 961
Granite Falls, NC 28630
Project: Paradise Harbor Subdivision
County: Burke
EEP File No: ILF-20064491
DWQ No: 06-0799
USACE Action ID: 2006-30620
0-T F
06-- 0119
aD?Bgvlgl
OCT 2 3 2006
'kD ST f4T BRANCH
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
2H.0500, the amount you owe is based upon the FY 2006-07 Fee Schedule and has been calculated as follows (Please note: payment
of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Kelly Williams
at [phone].
Stream 235 linear feet x $ 219.00 = $ 51,465.00
TOTAL AMOUNT DUE $ 51,465.00
Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name please include a
signed statement that the check is being written on behalf of and with full knowledge of the permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Kevin Barnett, DWQ-Asheville
Tamp Bandy, W&NR-Newton
File
RP.StOY .. .. Prot", our J-tat&
IBC" R
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
'I'V.-
-Ecos r stem
PROGRAM
RECEIPT
October 27, 2006
Oscar Vasquez
Paradise Harbor, LLC
PO Box 961
Granite Falls, NC 28630
Project: Paradise Harbor Subdivision
County: Burke
EEP File No: ILF-2006-4491
DWQ No: 06-0799
USACE Action ID: 2006-30620
Amount Paid: $51,465.00
Check Number: 1496
The North Carolina Ecosystem Enhancement Program (NCEEP) has received a check as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin Wetlands Credits Stream Credits Buffer I Buffer II
CU (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 235 0 0
03050101
D--F F
oU-o') 99
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact Kelly Williams at [phone].
cc:
Sincerely,
William D. Gilmore, PE
Director
Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACE-Asheville
Kevin Barnett, DWQ-Asheville
File
r'i T Yt ?4 ?? ??
?l)V I Lu?iu ??A
R?,stor ... F .. Prrotaa&tg our .fta t& 7
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
ow A r?RQ?
O
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of WaterQuality
June 12, 2006
Oscar Vasquez
Paradise Harbor, LLC
Post Office 961
Granite Falls, NC 28630
DWQ Project # 06-0799
Burke County
Subject Property: Paradise Harbor Subdivision 0 I M -
Off Thomilson Loop, Rutherford College, NC u2 . D
JUN 3 0 2006
Approval of 401 Water Quality Certification with Additional Conditions
DENR - WATER QUALITY
YYET1AFti A`sO TORfAVATERERANCH
Dear Mr. Vasquez:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 235 linear feet of streams and restore 185
linear feet of streams for the purpose of subdivision developement the subject property,
as described within your application received by the N.C. Division of Water Quality
(DWQ) on May 12, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3492 and 3495
(GC 3492 & GC3495). The Certification (s) allows you to use Nationwide Permit(s) 27
and 39 when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and stormwater regulations. Nothing in this approval
shall absolve from you the responsibility for performing work in a water course without
first obtaining the appropriate permits. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application
shall expire upon expiration of the 404`or CAMA Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet www.ncwaterguality.orq
N`ithCarolina
,Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Paradise Harbor, LLC
Paget of4
June 12, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are rnet.
No other impacts are approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Stream 85 (feet) UT to Nolden Creek
Stream 185 (feet) (restoration) UT to Nolden Creek
Stream 75 (feet) UT to Nolden Creek
Stream 75 (feet) UT to Nolden Creek
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Paradise Harbor, LLC
Page 3 of 4
June 12, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through stream buffers such that it will
not re-concentrate before discharging into a stream. All drilling spoils shall be
captured in an adjacent, upland, basin such that no turbid water reaches the
stream from the drilling activities.
7. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
8. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all 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 NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion
form.
Paradise Harbor, LLC
Page 4 of 4
June 12, 2006
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at Kevin.Barnett(aD- ncmail. net or at 828-296-4657.
Sincerely,
for Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3366
Certificate of Completion
cc: Rebekah Newton
Wetland and Natural Resource Consultants, Inc.
Post Office Box 882
Canton, NC 28716
USACE Asheville Regulatory Field Office
DWQ 401 / Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-0799.ParadiseHarbor.approval
-4os stem
PROGRAM
May 15, 2006
Pamela Teague
Wetland and Natural Resource Consultants
POB 224
Newton, NC 28658
Project: Paradise Harbor County: Burke
PLUq # z0 0603 99
CT 15 31
2R@90WqrA@
MAY 10 2006
DENR. WATER QtjAiTY
Wt71ANDS 2p STc?RUWATE L Mmcii
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 235 0 0
03050101
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at [phone].
Sincerely,
? • c?? /=off
W' liam D. Gilmore, PE
ector
rcc: Cyndi Karoly, Wetlands/401 Unit
Todd Tugwell, USACE - Raleigh
Darryl Lamb, DWQ Regional Office - Winston-Salem
File
R.utOV ing... E ... Prot- Gf29 ow'.t lr Rat&
LA'
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

a-?' F
D L- oggq
® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Enginecrs ER@WWR
FROM: Ron Linville, Regional Coordinator
Habitat Conservation Program MAY 2 2 2006
DATE: May 19, 2006 DENR - WATER QUALITY
WETLANDS AND STOFMATER BR!,r,?GH
SUBJECT: Paradise Harbor Subdivision, Nolden Creek, DWQ20060799, Burke County
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. 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).
This portion of the development project is to install culverts and to return previously impacted stream segments to a
more natural and stable condition. Total impacts are indicated to be 420 linear feet of perennial stream. Notices of
Violation were issued by the US Army Corps of Engineers and the NC Division of Water Quality. No listed
animal species are indicated for the area.
Based on the information provided by the applicant and our knowledge of the project area, we do not believe this
project will cause significant effects to waters; therefore, we will not object to the project as proposed providing that
culverts 48 inches diameter or larger should be buried a foot into the streambed. Culverts less than 48 inches
diameter should be buried to a depth equal to or greater than 20% their size to allow for aquatic life passage. These
measurements must be based on natural thalweg depths.-- If concrete-will be used, work must be accomplished so -
that wet concrete does not contact stream water. Any riprap used must not impeded aquatic life passage during low
flow or drought conditions. Autochthonous plants should be used to restore wide riparian buffers, which should be
permanently preserved using conservation easements as undisturbed common areas. Buffers of 50' and 100' for
intermittent and perennial streams respectively are recommended. Maximum available buffers should be provided
that are permanently protected with enforceable conservation easements.
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.
Ec: Kevin Barnett, DWQ-ARO
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Triage Check List
Date: 5/15/06
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 5/12/06 to 7/10/06
From: Cyndi Karoly Telephone: [phone]
DWQ #:06-0799
County: Burke

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!
Project Name: Paradise Harbor