20060867 Ver 1_COMPLETE FILE_20060523

?pF'NATEgQ Michael F. Easlcy, Governor
0>
t- North Carolina
D W G67
? William G. Ross Jr., Secretary
Department of Environment and Natural Resources
_ Alan W. Klimek, P.E. Director
Division of Watcr Quality

July 25, 2006
DWQ Project # 06-0867
Buncombe County
Mark T. Dorsey
MBJB, LLC
69 Old Newfound Road
Leicester, NC 28748
M (?
Subject Property: The Ridge o ?? ?Q \'/ 11 11
Bear Creek Road, Leicester L!
AUG 1 4 2006
Approval of 401 Water Quality Certification with Addit ional Conditions ,. MS AT MWATER BRANCH ? ?'ETIA?dDS AND AND STOR MW?TER BRANCH
Dear Mr. Dorsey:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 64 feet of streams for the purpose of
culvert installation at the subject properties, as described within your application
received by the N.C. Division of Water Quality (DWQ) on May 23, 2006. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and stormwater regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose 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: http://h2 o.enr.state.nc.us/ncwetlands
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No thCrrrolina
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An Equal Opportunity/Alfirmative Action Employer-50°o Recycled/10% Post Consumer Paper
The Ridge
Page 2 of 7
July 25,2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Stream 64 feet UT to Sluder Branch
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.
The Ridge
Page 3 of 7
July 25,2006
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 the protected stream buffers
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
8. 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. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
The Ridge
Page 4 of 7
July 25,2006
9. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http.-Ah2o.enr.state.nc.us/su/Forms Documents.htm.
10. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
11. Temporary Fills
All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.
12. Culvert Installation
Culverts required for this project shall be installed in such a manner that the
original stream profiles are not altered. Existing stream dimensions (including the
cross section dimensions, pattern, and longitudinal profile) must be maintained
above and below locations of each culvert. Culverts shall be designed and
installed to allow for aquatic life movement as well as to prevent head cutting of the
streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner,
the pipes shall be removed and re-installed correctly.
The Ridge
Page 5 of 7
July 25, 2006
Culvert(s) shall not be installed in such a manner that will cause aggradation or
erosion of the stream up or down stream of the culvert(s). Existing stream
dimensions (including the cross section dimensions, pattern and longitudinal
profile) shall be maintained above and below locations of each culvert. Therefore,
you must provide plans with adequate details that indicate that the current stability
of the stream will be maintained or enhanced. You must receive written approval
from this Office for the above plans before the culvert(s) is installed. Culvert(s)
must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank
stabilization techniques must be used where practicable instead of rip rap or
other bank hardening methods. If rip-rap is necessary, it shall not be placed in
the stream bed, unless specifically approved by the Division of Water Quality.
13. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the
streambank associated with any land disturbing activity, repair, replacement and/or
maintenance must be done in a manner consistant with the Guidelines for Riparian
Buffer Restoration immediately following construction. (Please see attached.)
14. In stream construction and disturbance shall be prohibited within 25 feet of the top of
banks except where permitted crossings will occur.
15. Culverts that are less than 48 inches in diameter should be installed with 20% of the
diameter of the culvert placed below the level of the stream bottom to allow the
accumulation of stream bed materials and to facilitate aquatic life passage during
periods of low stream flow. Larger diameter culverts should be placed 1 foot below
the stream bottom. Culverts should be placed in the main flow channel (i.e.
thalweg). Partial burial of culverts in this manner also may require increasing their
size to accommodate flow requirements.
16. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill.
17. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
18. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
The Ridge
Page 6 of 7
July 25, 2 006 +
19. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams must not be constructed.
20.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
21.All crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
22. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) should be reestablished upstream and
downstream of the stream crossings if it is removed during construction to provide
bank stability and shading. We encourage the use of native plants that must be
removed from permanently disturbed areas.
23.All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
24. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
25.The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
26.All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
27. Bottomless Culverts must span from high bank to high bank. The digging of footers
which change the flow of the stream, or otherwise impact the natural course on the
stream are prohibited.
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
The Ridge
Page 1 of 7
July 25, 2006
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 Mr. Kevin Barnett in
the DWQ Asheville Regional Office at 828-296-4657.
Sincerely,
d-- L Z C -?GcN? /,P-L
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3495
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Mrs. Pamela M. Boaze,
Fish and Wildlife Associates, Inc.
Post Office Box 241
Whittier, NC 28789
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
David McHenry, Wildlife Resources Commission
File Copy
Central Files
Filename: 06-0867.TheRisge.SluderBranch.Approval
Triage Check ]List
Date: 06/19/2006
To:
Kevin Barnett, Asheville Regional Office
Project Name: The Ridge Subdivision
DWQ #:06-0867
County: Buncombe
60-day Processing Time: 6/14/06 to 8/14/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (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
? Please let the Central Office know if the attached project is a Courtesy Copy or not. There
was a fee paid with the first application received in the Central Office now they are saying
a 401 is not required. Thanks.
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!
Fish and Wildlife Associates, Inc. J j
Main Office at: PO BOX 241 Tel [phone]
25 Water Tower Lane Whittier, NC 28789 Fax [phone]
Whittier, NC 28789 Email [e-mail]
June 12, 2006
Cyndi Karoly
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Cyndi:
Oto -D$0
Enclosed are six copies of the revised permit application for a subdivision in Buncombe
County near the Town of Leicester. I have already mailed a copy to Kevin Barnett under
separate cover and a copy to Dave McHenry.
Thanks for your assistance.
Sincerely,
?Y77. P
Q
Pamela M. Boaze
President JUN 1 5 2006
DENR - WATER QUALITY
MTLANDS AND STORMWATER BRANCH

Office Use Only:
Dorm Version May 2002
USACE Action ID No. 5AW-:?006- 3:2 yYi- 3It DWQ No. D (o - O S to "1
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing AN frv ?, C« P oil s c1r? iftr?rh i iL ?'
1. Check all of the approval(s) requested for this project:
N Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
N 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: N
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: -"
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), ch U --'--r?
D
11. Applicant Information
JUN 1 5 2006
1. Owner/Applicant Information
Name: MBJBLLC AETL ,5 AND WATER STORIMATER BRANCH
Mailing Address: 69 Old Newfound Road
Leicester NC 28748
Telephone Number: 828-230-2855 Fax Number: 828-683-4335
E-mail Address:
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: Pamela M. Boaze
Company Affiliation: Fish and Wildlife Associates, Inc.
Mailing Address: P.O. Box 241
Whittier NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
E-mail Address: Rva(EMnet.net
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers 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: The Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 9701 02 67 3422 and 9701 02 77 5316
4. Location
County: Buncombe Nearest Town: Leicester
Subdivision name (include phase/lot number): The Ridge
Directions to site (include road numbers, landmarks, etc.): Hwy 63 (Leicester Hwy from
Asheville) Turn right onto Alexander Road (1620), Turn right onto Bear Creek Road
(1607) Property is at 1652 Bear Creek Road
5. Site coordinates, if available (UTM or Lat/Long): 35.66815N 82.6777W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 97.54 acres
7. Nearest body of water (stream/river/sound/ocean/lake): small unnamed tributary of Sluder
Branch
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://112o.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: see attached Environmental Evaluation
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Project includes construction of a subdivision containing 70tracts. Access from Bear Creek
Road is already present Subdivision roads will require only one stream crossing. f 3oml-is
13rc?13osec!-c?irtl?e eif?t3a+?3ec1-E?ibE?tarclesir?ated-t?s-Stream-1- Equipment to be used includes
bulldozers track hoes front end loaders backhoes, dump trucks
11. Explain the purpose of the proposed work: To construct a subdivision with appropriate
access roads and utilities
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information: Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Pap 7 of 13
Provide a written description of the proposed impacts: 2-99 64 linear feet of stream
will be impacted by the culvert for the access road z,iii(l-tlie`roil)otiiidiiieiit-oNlie- )oiid. Stream
1 has already been piped by the previous owner. Road access to much of the tract is
provided by this crossing. The-dam-fbr-4he-t)ond-will-lie-placed-itHNs-area?mcklie-existing=
l?tpe-?vil4-lie-removed-?uheti-the-l3encl-is-bt3ilt--??-?-feet--cif-sl3eatii-will-he-llocided-l3??-tlie-pond-
The culvert for the access across Stream 2 will pipe 64 linear feet of stream. No wetlands
will be impacted.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

W-1
none
0 Riparian wetland
associated with headwater
of S-2

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gradmg, sill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hltp:/h«?wScma..
List a wetland type that best describes wetland to be impacted (e.g., freshwater/salhvater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.144 acres
Total area of wetland impact proposed: none
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Iin act Perennial or
Intermittent?
(lease specify)
S-2 culvert 64' Unnamed tributary of
Studer Branch 3' intermittent
t?-l floodin- 23$1' Uilnanicd-tribuliir)=of
Slur-Branch _Y
perennial

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 13
ww Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
«xvw,usf?s.rov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozorte.com,
w??w.ma xUucst.cotti, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 299 64
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

• List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
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): M uplands M stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Flee-cla??? will be-?treatl3e??-c?ti?l?a?il?t??e??t-,?l?jterial-fc?r
tl?e-cl??ti}-will--be-t?tl:e?t-€ret?}-??rfltx?sPci-lot?i}-tl?e--scil?divisic???-Sc?3?3???e;?vatien-will-be
?eclttitecl-i?rtl3e ??re 3il3ecl ?tt?d filled 1>y-tlte l??eviot?s?pL o l?er-tper
-Details-foF-tlie-vet2t--t3nd
sl3ill?v?t??-,tre-sl?o?vira???ttael3ecl-sheet-
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Aesthetic
Size of watershed draining to pond: 7?)-t3cres Expected pond surface area: 44)5- acres
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 original plans called for a crossing on Stream 2 that would have impacted 1050 feet of
stream and 0.1 acre of wetlands. This was changed to eliminate impacts to the wetland and
minimize the impact to the stream. Both streams will be crossed by access roads Stream 1 will
Page 9 of 13
utilize the existing access so that no additional culverts are needed. A new access on Stream 2
will involve placement of a culvert 64' in length -
Two ponds were originally planned for the project This was reduced to one pond to minimize
impacts to the streams The pond is located in an area where the stream was pined by the
previous owner of the property The second pond has now been eliminated.
The original plans called for 73 lots and this was reduced to 70 lots to avoid impacts to the
wetland and minimize impacts to Stream 2
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetiands/strm,qidc.litml.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No miti,fyation is proposed at this time as there xvill be only 64 linear I'M of impact.
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://112o.enr.state.nc.us/wrp/index.litin. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): ?49
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 11 of 13
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
s Zone 1 extends out 30 feet perpendicular from near bank of channel; "Lone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage of the nronertv is 97.5. There is one acre of existing impervious acreage. The
proposed development will result in a total of 9 acres of impervious surfaces including houses,
roads, and driveways.
Stormwater will be controlled using a combination of silt fencing, check dams, and temporary
sediment basins. Four sheets are attached showing the location of erosion control structures.
XH. 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.
Each lot will have an individual septic system with drain field.
XIH. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 12 of 13
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

? a W. 2, Tres,c(!e,_? 5- / p- a00
Applicant/Agent's Sign ature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
.Ecos stem
PROGRAM
Mark Dorsey
I`IBJB, LLC
69 Old Newfound Road
Leicester, NC 28748
Project: The Ridge Subdivision
May 12, 2006
County: Buncombe
LOO('680
?- Ff" ?-2--
a09@PflVP9
MAY 3 0 2406
will +OS X19 sTC?JQNr01TFR B?tcr+
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
French Broad 0 0 0 0 299 0 0 0
06010105
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,
FD Z
bialm D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Rebekah Newton, USACE - Asheville
Kevin Barnett, DWQ Regional Office - Asheville
File
RP.StOf?Y,GL9... Edfa"... PYDtEC.t, Oar St--a&
MA`
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Triage Check List
Date: 5/26/06
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 5/23/06 to 7/21/06
From: Cyndi Karoly Telephone: [phone]
Project Name: The Ridge
DWQ #:06-0867
County: Buncombe
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!
-11
wish and Wildlife Associates, Inc.
Main Office at: PO BOX 241
25 Water Tower Lane Whittier, NC 28789
Whittier, NC 28789
20060867
May 18, 2006
Cyndi Karoly
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Cyndi:
r
Enclosed are six copies of the permit application for a subdivision in Buncombe County
near the Town of Leicester. I have enclosed a check for $475.00. I have already mailed
a copy to Kevin Barnett under separate cover and a copy to Dave McHenry.
Thanks for your assistance.
Sincerely,

Pamela M. Boaze
President I. " c,
MAY 2 3

Tel [phone]
Fax [phone]
Email [e-mail]

Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to uus project, please enter Not Appucao?c_ or
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
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: (?
H. Applicant Information ?? a " 0 `"'' D
1. Owner/Applicant Information MAY 3 a 7006
Name: MBJB LLC
trtrt?--Y ?lx
Mailing Address: 69 Old Newfound Road ?rtN?raI? t? W ?.'s11ft"'1;i1
Leicester, NC 28748
Telephone Number: 828-230-2855 Fax Number: 828-6834335
E-mail Address:
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: Pamela M. Boaze
Company Affiliation: Fish and Wildlife Associates, Inc.
Mailing Address: P.O. Box 241
Whittier. NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
E-mail Address: fwa@a,dnet.net
Page 5 of 5
1-
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: The Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 9701 02 67 3422 and 9701 02 77 5316
4. Location
County: Buncombe Nearest Town: Leicester
Subdivision name (include phase/lot number): The Ridge
Directions to site (include road numbers, landmarks, etc.): HM 63 (Leicester Hwy from
Asheville) Turn right onto Alexander Road (1620. Turn right onto Bear Creek Road
(1607 Property is at 1652 Bear Creek Road
5. Site coordinates, if available (UTM or Lat/Long): 35.66815N 82.6777W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 97.54 acres
7. Nearest body of water (stream/river/sound/ocean/lake): small unnamed tributary of Sluder
Branch
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: see attached Environmental Evaluation
Page 6 of 6
10. Describe the overall project in detail, including the type of equipment to be used:
Project includes construction of a subdivision containing 70tracts. Access from Bear Creek
Road is already present Subdivision roads will require only one stream crossing. A pond is
proposed on the unnamed tributary designated as Stream 1. Equipment to be used includes
bulldozers track hoes front end loaders backhoes dump trucks
11. Explain the purpose of the proposed work: To construct a subdivision with appropriate
access roads and utilities
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.
NA
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.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 7
Provide a written description of the proposed impacts: 299 linear feet of stream will
be impacted by the culvert for the access road and the impoundment of the pond. Stream 1
has already been aped by the previous owner. Road access to much of the tract is provided
by this crossing The dam for the pond will be placed in this area and the existing pipe will
be removed when the pond is built. 235 feet of stream will be flooded by the pond.
The culvert for the access across Stream 2 will pipe 64 linear feet of stream. No wetlands
will be impacted
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

W-1
none
0 Riparian wetland
associated with headwater
of S-2

' List each impact separately and identity temporary impacts. impacts include, but are not lumtea to: mecnamzea cteanng, graamg, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
'• 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:/h%-%tikv.fcma.sov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.144 acres
Total area of wetland impact proposed: none
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im ct Perennial or
Intermittent?
( lease specify)
S-2 culvert 64' Unnamed tributary of
Sludcr Branch 3' intermittent
S-1 flooding 235' Unnamed tributary of
Sludcr Branch 3' perennial

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 8
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w w.usgs.cov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
XNww.nwn(1uest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 299
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Watcrbody
)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): The dam will be an earthen embankment. Material for
the dam will be taken from proposed lots on the subdivision. Some excavation will be
required in the area piped and filled by the previous property owner. Details for the vent and
spillway are shown on attached sheet.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Aesthetic
Size of watershed draining to pond: 70 acres Expected pond surface area: 1.05 acres
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 orieinal plans called for a crossing on Stream 2 that would have impacted 1050 feet of
stream and 0 1 acre of wetlands. This was changed to eliminate impacts to the wetland and
minimize the impact to the stream Both streams will be crossed by access roads. Stream 1 will
Page 9 of 9
utilize the existing access so that no additional culverts are needed. A new access on Stream 2
will involve placement of a culvert 64' in length.
Two ponds were originally planned for the project. This was reduced to one pond to minimize
impacts to the streams The pond is located in an area where the stream was piped by the
previous owner of the property.
The original plans called for 73 lots and this was reduced to 70 lots to avoid impacts to the
wetland and minimize impacts to Stream 2.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 10 of 10
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at littp://li2o.eiir.state.iie.us/wrp/itidex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 299
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Pap 11 of 11
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
Miti
gation 3
2 1.5
Total
' Zone 1 extends out 30 feet perpendicular trom near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage of the vroperty is 97.5. There is one acre of existing impervious acreapte. The
proposed development will result in a total of 9 acres of impervious surfaces including houses,
roads, and driveways.
Stormwater will be controlled using a combination of silt fencing; check dams, and temporary
sediment basins Four sheets are attached showing the location of erosion control structures.
XIEL 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.
Each lot will have an individual septic system with drain field.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 12 of 12
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

April 2 5, 2006
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, NC 28789
Dear Sirs:
RE: The R dge Subdivision
Designated Agent F'or
State and Federal permits
Know all men by these presents, that MBJB,LLC, a North Carolina Limited Liability
Company, has appointed Fish and Wildlife Associates, Inc. as its acting agent for the subject project
to act in its place and stead to do any and all documents or instruments or communication on its
behalf in respect to the obtaining of state and federal permits for the construction and compliance
of the subject project.
Please feel free to call me anytime if you have any questions or comments.
M'I'D/mtd
cc:
69 Old Newtound Rd. Leicesier, NC 2874S
Sincerely,
MBJB, LI.C??
MARK T. 0ASE. Y, P. ?-
Manager of MBJB. LLC
Ph: 829.2302 55 fax: 928.683;1335
Uri ', '= la!_i 1 f F 'I-GLidN Eci r _
?J :; i i lilt 1
PROGRAM
May 12, 2006
Mark Dorsev
MB313, LLC;-
69 Old Nc%kfound Road
Leice.;ter, NC 207,30
Pru3cct The Ridgc Subdivision
County; BUnc01I1be
'1•h,- puzpose of this letter is to 110U(:y you that the North Carolina Ecosystem Enh:uice•aicn! Program (NC EEP) is willing to
:accept payment for impacts associatcrj tyith the above referenced project. Please note that this derision does not assure that
the payment will be, approved by the permit issuing agencies as mitigation to; project impacts, It is the responsibility of the
applicant to conract these agencies to detea'niinc• if pays ent to the. NC i?HP 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
Per•nut/401 Certification within this time frame, this acceptance will etpi re_ It is the applicant's responsibility to send
copies of the 404/401/C:AMA permits to NC EEP, Once NC EEP receives a ;•epy of the 404 Permit land/or the 401
Certification an invoice will be issued and p:avme.nt must he made,
Based on the information supplied by you the impacts that may require cOMP-11saoOry rl,itiKition arc summarized in the.
following table.
River Basin
Stream
Cataloging Buffer Buffer
(Acres) (Linear Feet)
Unit lone 1 Lune 2
Ri milan (Sqr't.) (Sq. Ft,)
_ i Cc:utal Marsh Cold` _Cool ?
1Vum
French Broad (} 0 - -
Oti01Cf1115 0 tl ?yt3 U .... 0 (1
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation fohe pet'autled 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 arnount of the rompcns:aton
mitigation will be as specified in the Section 404 Permit and/or 401 Water tit ality Certification, and/or CANIA f'erniit. The
mitigation will be performed in accordance with the Memorandum of Unders:nriding between the N. C, Department of
Environment and Natural Resources and the I-', S, Army Corps of Ent'inezrs dated November 4, 1993
if you have any questions or ne.e•d additional information, please contfiLa C'hri; M2nkuff at [phone].
NS Y.
U Willi im D. Gilrrn:re, FF..
DirYi tur
cc: Cr•ndi K:,roly, Wetlands .101 Lill,;
Rebekah Nev,(nn, USACE - Asheville
Kevin 13 irncrt, D\VQ Regional Office - ,4shcv,lic
Fi le
Reston ' EEduut z tg... pro te?t? ?t? Uri - i f ?? z t
fJcith CaiOlina EcesYStem Enl}ar,cenient P rogrsm, 18-`2 l z.d Service `enter. ?a1r i h, NC X7694- ?.; ,t ?.
Application for 401/404 Permit
Applicant: MBJB, LLC
1652 Bear Creek Road
Leicester, NC 28748
Buncombe County
Attachment for Section IH No. 9
Environmental Evaluation of Existing Conditions
Project Description
The proposed development is a subdivision to be built in Leicester, NC off Bear Creek
Road. The land has previously been used for a horse farm. The development will be
constructed on approximately 100 acres of land consisting of three ridges and two small
headwater streams. A total of 70 parcels will be accessed via one main access road
branching into 3 access roads and ending in 7 cul-de-sacs. Each lot will have its own
well and septic system. The lots average approximately 1.4 acres in size.
Land Use
The project area is located near the town of Leicester. Current land use is a mixture of
farmland for cattle and hay production and rural single family dwellings. There is
subdivision development along Leicester Highway and in a few locations around the
Town of Leicester.
Terrestrial Resources
Vegetative communities on the project consist mainly of pasture land along the two
streams and up the slopes. There are two forested areas, one to the southwest and one to
the northeast of the property. The vegetative community is montane oak forest on the dry
ridge and rich cove hardwood along drainageways. As this area has been previously
logged, there is a mixture of species present. The field survey identified white pine,
mockernut hicory, white oak, red oak, red maple, tulip poplar, and white pine. Flowering
dogwood, sourwood, and young oaks and hickories made up the understory. Herbaceous
vegetation was sparser than expected under the oak forest, possibly from grazing.
Wildlife value for the tract is fair to poor. There are large amounts of open area with no
cover, especially along the watercourses. There is a large amount of forest meadow
interface, but with the fragmented forest in the area due to extensive farming in the past
100 years, only wildlife tolerant of human activity is likely to be present. Some deer and
turkey are known to utilize the area as well as squirrel, raccoon and opossum. Rodents
and other small mammals should be present in the area as well.
Aquatic Resources
The project is located in the Upper French Broad River basin. Two small first-order
streams are located on the property. Stream 1 is a perennial stream, approximately 20
inches wide and 1 to 5 inches deep. The banks along this stream vary from 6 to 12 inches
in height, but this Class C stream has developed bankfull benches within an incised
channel. Substrate for Stream 1 was sand, gravel and silt. Benthos and fish were present.
This stream arises off the property. Riparian vegetation is solely herbaceous plants such
as grasses, rush, sedge, buttercup, and clover.
Stream 2 arises on the property. Beginning as drainageways between the ridges, it forms
an active channel just above the wetland. The stream is likely intermittent as the
substrate is clay for almost the entire length. The channel does not have any vegetation
or root material in it. The channel is 8 inches wide with water from 0.5 to 1 inch deep.
No benthos or fish were observed. Riparian vegetation is trees at the upper end, changing
to just pasture grasses as the stream meanders down to its confluence with Stream 1.
Wetlands
There is a small wetland associated with Stream 2. It is 0.144 acres in size. It supports
rush, carex, cattails, jewelweed, and other hydrophytic vegetation. A few willows and
dogwood were present, but the vegetation is primarily herbaceous. The wetland has
several channels and there are small pools scattered around. However, it probably dries
up in the summer. Soils were clay with a color of 2.5Y4/1.
Threatened and Endangered Species
A list of federal threatened, endangered, and species of concern for Buncombe County
was obtained from the North Carolina Natural Heritage Program database. Thirty-seven
species have been recorded for Buncombe County, including 9 federally endangered, 3
federally threatened, and 32 federal special concern species.
Habitat requirements for each of the 44 species were considered. Species requiring
specific habitat such as caves, high elevation balds and forests, spray zones of waterfalls,
and moderate to large streams were eliminated from further consideration as there was no
habitat for these species on the site. Possible presence of the remaining 18 species was
evaluated based on habitat available, signs of utilization by each species, and overall
suitability for this species.
Two species that utilize wetland habitat were evaluated: bunched arrowhead (E) and bog
turtle (T). The small wetland does not have an obvious springhead and no mucky areas
were present. This wetland is not suitable for bunched arrowhead. The wetland is
unlikely to host bog turtle for two reasons. It is located at the headwaters of an
intermittent stream and does not have the springfed marshy habitat suitable for this
species.
The 16 federal species of concern that might utilize the area include 5 mammals, 5 birds,
1 invertebrate, and 5 plants. The 5 mammals are the eastern and Appalachian woodrats,
gray bat, small-footed bat, and Rafineque's big-eared bat. Both woodrats prefer rocky
areas where they build nests of twigs, but may utilize brush piles instead. No brushy
areas were present at the time of the field survey and it is unlikely that woodrats are
utilizing the area.
The five birds include Bachman's sparrow, Cerulean warbler, southern Appalachian red
crossbill, southern Appalachian black-capped chickadee, and Appalachian yellow-bellied
sapsucker. Bachman's sparrow nests on the ground in open forests with a heavy
undercover of shrubs and grasses or may occasionally use overgrown fields with heavy
grass cover and a scattering of shrubs. The forested areas do not support much
undergrowth and the fields are being harvested for hay. Neither habitat is suitable for this
species.
The Cerulean warbler inhabits the upper canopy of mature deciduous forests. Although
occasionally found on dry slopes, it prefers bottomland forests along streams, lakes and
rivers. Some habitat exists on the slopes of this project site for this species.
The southern Appalachian red crossbill feeds on the seeds of conifers and is usually
found in conifer or conifer/deciduous forests. The project supports a mixed pine-oak
forest that could be utilized by this species. Due to the low component of pine and the
fragmented nature of the forest resources in the area, it is unlikely that this area has red
crossbills.
The southern Appalachian black-capped chickadee might be found in the project area.
This species is tolerant of human presence and chickadees are regular visitors to bird
feeders in the winter. The forest has some mature trees with appropriate hollows that
could be used for nesting by chickadees. While mature trees would be an attractant, the
Appalachian yellow-bellied sapsucker breeds at higher elevations and would not be found
in the project area except as an occasional migrant.
The French Broad River crayfish is known to inhabit headwater streams of the French
Broad River drainage. This species prefers headwater stream with a moderate flow and
could potentially be present in the downstream portion of the perennial stream on this
project. The upper reach of Stream 1 is more sluggish and separated from the
downstream. reach by several hundred yards of culvert. Stream 2 is not suitable for the
crayfish.
Piratebush, French Broad heartleaf, Fraser loosestrife, sweet pinesap, and mountain
catchfly are the five plant species that required further consideration. Mountain catchfly
was ruled out based on the requirement for mafic or circumneutral soils. No heartleaf
was found during the field survey. Piratebush could potentially be present, but very little
understory growth was present and no specimens were found.
The deciduous forest with pines scattered throughout would be suitable habitat for sweet
pinesap. However, this plant would have been nearly impossible to find in early May.
There is no evidence to confirm or deny presence. Fraser loosestrife, known to occur
along roadsides, would be unlikely to grow along the highly disturbed, non-forested
roadways on the tract. None of five plants under consideration were found during the
field survey. It is unlikely that any of the five species is present on the tract due to the
extended period of disturbance by agricultural use of this tract.

to
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v
0 245
Location of aquatic resources on BBB, LLC project, Buncombe County, NC
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980 1
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1,96C
SUBDIVISION
THE RIDGE
GRADING & EROSION CONTROL PLAN
MBJB, LLC
BUNCOMBE COUNTY, NORTH CAROLINA
D RSEY ElGINEERING. C -

THE RIDGE
LEICESTER
PIN 9701 02 67 3422 & 9701 02 77 5316
PORTION OF 9701 02 68 9372
LEICESTER TOWNSHIP s
BUNCOMBE COUNTY, N.C.
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NOT FOR RECORDATION,
CONVEYANCES OR SALES
FOR REVIEW PURPOSES ONLY
GRADING AND EROSION
PLAN FOR
THE RIDGE SUBDIVISION
PIN 9701 02 67 3422 u 9701 02 77 5316
PORTION OF 9701 02 66 9372
LEICESTER TO'VNEHIP
6UNCOYBE COUNTY, N.C.
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Office Use Only: Dorm Version May 2002
USACE Action ID No 5r1LU-,7006-3,2 911- 311 DWQ No. 0 by _ O gin')
(If anv particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing Ali nta,-k, IL ?--e_d- -
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
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: fffl
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:-E'
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Ii. Applicant Information t) ???? v n
V
JUN 1 5 2006
1. Owner/Applicant Information
Name: MBJB LLC ti UENR_}yAr
Mailing Address: 69 Old Newfound Road SAPtDSTMNATERARau CH
Leicester NC 28748
Telephone Number: 828-230-2855 Fax Number: 828-683-4335
E-mail Address:
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: Pamela M. Boaze
Company Affiliation: Fish and Wildlife Associates Inc.
Mailing Address: P.O. Box 241
Whittier NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
E-mail Address: Rva0a dnet.net
Page 5 of 13
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: The Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 9701 02 67 3422 and 9701 02 77 5316
4. Location
County: Buncombe Nearest Town: Leicester
Subdivision name (include phase/lot number): The Ridge
Directions to site (include road numbers, landmarks, etc.): Hwy 63 Leicester Hwy from
Asheville), Turn right onto Alexander Road (1620), Turn right onto Bear Creek Road
(1607) Property is at 1652 Bear Creek Road
5. Site coordinates, if available (UTM or Lat/Long): 35.66815N 82.6777W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 97.54 acres
7. Nearest body of water (stream/river/sound/ocean/lake): small unnamed tributary, of Sluder
Branch
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://li2o.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: see attached Environmental Evaluation
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
Project includes construction of a subdivision containing, 70tracts. Access from Bear Creek
Road is already present. Subdivision roads will require only one stream crossing. *1 3o-1_nd-is I
3osecl c???-t1?? 3i}ne??3e<I tribtitz?f3? clesi;;nated-a,,Strean}-1- Equipment to be used includes
bulldozers track hoes front end loaders backhoes dump trucks
11. Explain the purpose of the proposed work: To construct a subdivision with appropriate
access roads and utilities
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.
NA
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.
No
VL Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
Provide a written description of the proposed impacts: ?99 64 linear feet of stream
will be impacted by the culvert for the access road agd-tlaL--im1)Ottiidpient-op lICH)olld. Stream
1 has already been piped by the previous owner. Road access to much of the tract is
provided by this crossing. Tl)e-Elattr for the)E3lul ,aill l)e-t)lace(1-j?? this-aFea tt)cl-t))e e:istil?<?
1)li)??'ill-1)e`FeillOVe(1-??llei}-tll8-j3E3i1(1-}S-1)1111t??-feet-f)?tFeEtill-tYill-1)E'-f?()OEled-1)}I-t?10- up 1)(i-
The culvert for the access across Stream 2 will pipe 64 linear feet of stream. No wetlands
will be impacted
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Welland***

W-1
none
0 Riparian wetland
associated with headwater
of S-2

List each impact separately and identify temporary impacts. Impacts include, but are not Immmted to: mechanized ctesrmmg, gr=ng, Lill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at llttp://%kxAAv.fema.c,ov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.144 acres
Total area of wetland impact proposed: none
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(please specify)
S-2 culvert 64' Unnamed tributary of
Sludcr Branch 3' intermittent
SA- floodillt,' 2?1 l?illlillllCC1 triUtFlilf Of
Slud:;rf3rallch _? 13t 1"CRi12IIl

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 13
ww Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us; s.,ov. Several intetnet sites also allow direct download and printing of USGS maps (e.g., -'tiww.topozone.coni,
XyR1y.I11nJ)(Jl1eSt.C0111, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: ?9-9 64 1
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U. S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbod
y
(if applicable) Type of Waterbody
(take, pond, estuary, sound,
bay, ocean, etc.)

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
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.): Tl;e-c1a;?} gill-lie-?;r earn;e?} e;;?ba;?l:;??ent-,41;3terial-fc?r
;eclt;ireel-i;?-il;curea--ljil3ecl-?ar?d?lletl-t?}?-t)je-l?re??i4t}?-t3F?13ert-?-c??ili;er-I9etails-fo?tl;e-vent za;?cl
shilltvav-;3r?-shoc?;re;hatincl3ecl-skeet
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Aestf;edc
Size of watershed draining to pond: nacres Expected pond surface area: 4 -0-Nacres
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 original plans called for a crossing on Stream 2 that would have impacted 1050 feet of
stream and 0.1 acre of wetlands. This was changed to eliminate impacts to the wetland and
minimize the impact to the stream. Both streams will be crossed by access roads Stream I will
Page 9 of 13
utilize the existing access so that no additional culverts are needed. A new access on Stream 2
will involve placement of a culvert 64' in length
Two ponds were originally planned for the project This was reduced to one pond to minimize
impacts to the streams The pond is located in an area where the stream was piped by the
previous owner of the property The second pond has now been eliminated
The originalplans called for 73 lots and this was reduced to 70 lots to avoid impacts to the
wetland and minimize impacts to Stream 2
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr. state.nc.us/ncwetiands/strmaide.litini.
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.
No mitigation is proposed at this time as there will be only 64 linear feet of impact.
Page 10 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://li2o.enr.state.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): -249
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes El No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Page 1 I of 13
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(s ware feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 30 foci perpendicular from near bank of channel, Gone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XL Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage of the aronerty is 97.5. There is one acre of existinR impervious_acreaRe. The
proposed development will result in a total of 9 acres of impervious surfaces including houses,
roads, and driveways.
Stormwater will be controlled using a combination of silt fencing, check dams, and temporary
sediment basins. Four sheets are attached showing the location of erosion control structures.
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.
Each lot will have an individual septic system with drain field.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Page 12 of 13
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
?'.? ? ?? e ssaci zs ?c .
,V/. e Pes'de,?- 5- / 9- 1? 00 6
Applicant/Agent's Sigteture Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
r aT
';IE
_ NED
Office Use Only: Fonn Vcrsion May 2002
2,8
USACE Action ID No. DWQ No. n o ?' U 6 t
(If anv 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
2. Nationwide, Regional or General Permit Number(s) Requested: NWT 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
H. Applicant Information
1. Owner/Applicant Information
a[2@[20V125
MAY 2 3 2006
Name: MBJB. LLC
Mailing Address: 69 Old Newfound Road ottatt • WATER QUALITY
Leicester, NC 28748 V , ??
Telephone Number: 828-230-2855 Fax Number: 828-683-4335
E-mail Address:
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: Pamela M. Boaze
Company Affiliation: Fish and Wildlife Associates Inc.
Mailing Address: P.O. Box 241
Whittier. NC 28789
Telephone Number: 828-497-6505 Fax Number: 828-497-6213
E-mail Address: [e-mail]
Page 5 of 5
M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: The Ridge
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 9701 02 67 3422 and 9701 02 77 5316
4. Location
County: Buncombe Nearest Town: Leicester
Subdivision name (include phase/lot number): The Ridge
Directions to site (include road numbers, landmarks, etc.): Hwy 63 (Leicester Hwy from
Asheville), Turn right onto Alexander Road (1620), Turn right onto Bear Creek Road
(1607), Property is at 1652 Bear Creek Road
5. Site coordinates, if available (UTM or Lat/Long): 35.66815N 82.6777W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 97.54 acres
7. Nearest body of water (stream/river/sound/ocean/lake): small unnamed tributary of Sluder
Branch
8. River Basin: French Broad
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://112o.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: see attached Environmental Evaluation
Page 6 of 6
10. Describe the overall project in detail, including the type of equipment to be used:
Project includes construction of a subdivision containing 70tracts. Access from Bear Creek
Road is already present Subdivision roads will require only one stream crossing. A pond is
proposed on the unnamed tributar_,y designated as Stream 1 Equipment to be used includes
bulldozers track hoes front end loaders, backhoes dump trucks
11. Explain the purpose of the proposed work: To construct a subdivision with appropriate
access roads and utilities
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 7
1. Provide a written description of the proposed impacts: 299 linear feet of stream will
be impacted by the culvert for the access road and the impoundment of the pond. Stream 1
has already been piped by the previous owner. Road access to much of the tract is provided
by this crossing The dam for the pond will be placed in this area and the existing pipe will
be removed when the pond is built. 235 feet of stream will be flooded by the pond.
The culvert for the access across Stream 2 will pipe 64 linear feet of stream. No wetlands
will be impacted
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

W-1
none
0 Riparian wetland
associated with headwater
of S-2

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, gradmg, lilt,
excavation, flooding, ditching/draimge, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJ/NNAkNv.fema.ov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.144 acres
Total area of wetland impact proposed: none
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Im act Perennial or
Intermittent?
(please sif )
S-2 culvert 64 Unnamed tributary of
Sluder Branch 3' intermittent
S-1 flooding 235' Unnamed tributary of
Sluder Branch 3' perennial

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Page 8 of 8
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w w.usgs.Rov. Several internet sites also allow direct download and printing of USGS maps (e.g., wwr\v.topozonc.cow,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 299
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Watcrbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): The dam will be an earthen embankment. Material for
the dam will be taken from proposed lots on the subdivision. Some excavation will be
required in the area piped and filled by the previous property owner. Details for the vent and
spillway are shown on attached sheet.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Aesthetic
Size of watershed draining to pond: 70 acres Expected pond surface area: 1.05 acres
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 orieinal plans called for a crossinp, on Stream 2 that would have impacted 1050 feet of
stream and 0 1 acre of wetlands. This was changed to eliminate impacts to the wetland and
minimize the impact to the stream Both streams will be crossed by access roads. Stream 1 will
Page 9 of 9
utilize the existing access so that no additional culverts are needed. A new access on Stream 2
will involve placement of a culvert 64' in length
Two ponds were originally planned for the project This was reduced to one pond to minimize
impacts to the streams The pond is located in an area where the stream was piped by the
previous owner of the property
The original plans called for 73 lots and this was reduced to 70 lots to avoid impacts to the
wetland and minimize impacts to Stream 2.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp://112o.enr.state.nc.us/ncwetiands/strniiride.litiiii.
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.
Page 10 of 10
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at littp://1i2o.enr.state.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): 299
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Pap 11 of 11
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.
Zonc* (s uimact are feet) Multiplier Mitigation
1 3
2 1.5
Total
• Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total acreage of the property is 97.5. There is one acre of existing impervious acreage. The
proposed development will result in a total of 9 acres of impervious surfaces including houses,
roads, and driveways.
Stormwater will be controlled using a combination of silt fencing, check dams, and temporary
sediment basins Four sheets are attached showing the location of erosion control structures.
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.
Each lot will have an individual septic system with drain field.
X1H. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 12 of 12
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
1- ??? c.n.? ?'. ?? ??'e 55o&, cdes, =.?e .
?V. doa..j? . _Pres',It ? 5-19- aCOL
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pagc 13 of 13
U-9- ??, I-LC
April 25, 2006
Fish and Wildlife Associates, Inc.
P.O. Box 241
Whittier, NC 28789
Dear Sirs:
RE: The R dge Subdivision
Designated Agent For
State and Federal permits
Know all men by these presents, that MBJB,LLC. a North Carolina Limited Liability
Company, has appointed Fish and Wildlife Associates, Inc. as its acting agent for the subject project
to act in its place and stead to do any and all documents or instruments or communication on its
behalf in respect to the obtaining of state and federal pen-nits for the construction and compliance
of the subject project.
Please feel free to call me anytime if you have any questions or comments.
MTD/mtd
cc:
Sincerely,
MRJB, I,LC
MARK T. OISE Y, P. .
Manager of MBJB. LLC
69 Old Newtound Rd. Leicester, NC 28745 ph: 829.230.2855 fax: 828.6$3.4335
0-; ter 1:., : Fh;?.i1-[!EIdR EcF' -
91'J r' i _llhl F'`i` i,
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A,
.2.J
co ,stem
ra ti 4
PR0GRAM
May 12, 2006
Mark Dot'srt
NIBIB, LL(_
6`1 Old Nca found Road
Leicester, IBC 2'07.40
Piojccr- The Ridgc Subdivision
County: Tiuncolllbe
The purpose of this letter is to notify you that the. North Cirrolin:a ECOSYstetll }inhitncclllcn! Prugram (NC EEP:) is willing to
aecepr payment for impacts associated with the above referenced project. Please dote that this decision dues not assure that
the payment will be, approved by the permit issuing agencics as mitigation tot project impacts. It is the responsibility of the
applicant to conract these agencies to determine if payment to the NC f ISP 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 expi re. It is the applicant's responsibility to send
copies of the 404/401/C:ANfA permits to'tiC FEP. Once NC EEP receives a copy of the 404 I errnit and/or the. 401
Certification an invoice. will be issued and pavment must he made.
Based oil the information supplied by you the impacts that may require cotilp?ltlsatory illitig;+tion arc sumnlalized in the
following (able.
River Basin Wetlands _-_-
Catalo ,in , Strctrn Buffer Buffer
(Acres) (Linear Feet)
Unit lone 1 Lone
Riiarian - (.Sci. PC) (Sq. Ft.)
.. NGn-lrtip,iri<in Coastal Marsh Cold _CuGI warm
a-m -- --
h'rculi'h Broad 0 0 CI
0601(}105 l) 2y9 0 fl
tfpon receipt of paynle'.tlt, EFP will take. responsibility for providing the. c:om[ ensalory mitigation for tale pern itted 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 c•ompcnsator%
Mitigation will be as specified in the Section 404 Permit and/or 401 Watcr Qt ality Certification, and/or CAMA Permit, The.
mitigation will be performed in accordance with the Memorandum of Understanding bclwccn the N. C, Departnicnt of
Environment and Natural Resources and the U, S. Army Corps of Engineers dated November 4, 199
If you have any questions or need additional information, please contact Chri i M :nkoff at (9) 9) 716.1921.
Direr tur
cc: CYndi K:u'oly, Wetl;llldS/•301 Onit
Rehekah N( Vvton, 1 fSACE • A!zheville
Kevin f3arnctt. MVQ Regional Office - Ashcvilic
File

fioith CatOlll" Ecesysterr Enhancement Prc,r,,r=m. 16;2 Mail 1311 vice center, pale igl-; nJ;; 76ac_ll ? , t:+-'1E 0:7G nr,cet,.r et
Application for 401/404 Permit
Applicant: MBJB, LLC
1652 Bear Creek Road
Leicester, NC 28748
Buncombe County
Attachment for Section III No. 9
Environmental Evaluation of Existing Conditions
Proiect Description
The proposed development is a subdivision to be built in Leicester, NC off Bear Creek
Road. The land has previously been used for a horse farm. The development will be
constructed on approximately 100 acres of land consisting of three ridges and two small
headwater streams. A total of 70 parcels will be accessed via one main access road
branching into 3 access roads and ending in 7 cul-de-sacs. Each lot will have its own
well and septic system. The lots average approximately 1.4 acres in size.
Land Use
The project area is located near the town of Leicester. Current land use is a mixture of
farmland for cattle and hay production and rural single family dwellings. There is
subdivision development along Leicester Highway and in a few locations around the
Town of Leicester.
Terrestrial Resources
Vegetative communities on the project consist mainly of pasture land along the two
streams and up the slopes. There are two forested areas, one to the southwest and one to
the northeast of the property. The vegetative community is montane oak forest on the dry
ridge and rich cove hardwood along drainageways. As this area has been previously
logged, there is a mixture of species present. The field survey identified white pine,
mockernut hicory, white oak, red oak, red maple, tulip poplar, and white pine. Flowering
dogwood, sourwood, and young oaks and hickories made up the understory. Herbaceous
vegetation was sparser than expected under the oak forest, possibly from grazing.
Wildlife value for the tract is fair to poor. There are large amounts of open area with no
cover, especially along the watercourses. There is a large amount of forest meadow
interface, but with the fragmented forest in the area due to extensive farming in the past
100 years, only wildlife tolerant of human activity is likely to be present. Some deer and
turkey are known to utilize the area as well as squirrel, raccoon and opossum. Rodents
and other small mammals should be present in the area as well.
Aauatic Resources
The project is located in the Upper French Broad River basin. Two small first-order
streams are located on the property. Stream I is a perennial stream, approximately 20
inches wide and 1 to 5 inches deep. The banks along this stream vary from 6 to 12 inches
in height, but this Class C stream has developed bankfull benches within an incised
channel. Substrate for Stream 1 was sand, gravel and silt. Benthos and fish were present.
This stream arises off the property. Riparian vegetation is solely herbaceous plants such
as grasses, rush, sedge, buttercup, and clover.
Stream 2 arises on the property. Beginning as drainageways between the ridges, it forms
an active channel just above the wetland. The stream is likely intermittent as the
substrate is clay for almost the entire length. The channel does not have any vegetation
or root material in it. The channel is 8 inches wide with water from 0.5 to 1 inch deep.
No benthos or fish were observed. Riparian vegetation is trees at the upper end, changing
to just pasture grasses as the stream meanders down to its confluence with Stream 1.
Wetlands
There is a small wetland associated with Stream 2. It is 0.144 acres in size. It supports
rush, carex, cattails, jewelweed, and other hydrophytic vegetation. A few willows and
dogwood were present, but the vegetation is primarily herbaceous. The wetland has
several channels and there are small pools scattered around. However, it probably dries
up in the summer. Soils were clay with a color of 2.5Y4/1.
Threatened and Endangered Species
A list of federal threatened, endangered, and species of concern for Buncombe County
was obtained from the North Carolina Natural Heritage Program database. Thirty-seven
species have been recorded for Buncombe County, including 9 federally endangered, 3
federally threatened, and 32 federal special concern species.
Habitat requirements for each of the 44 species were considered. Species requiring
specific habitat such as caves, high elevation balds and forests, spray zones of waterfalls,
and moderate to large streams were eliminated from further consideration as there was no
habitat for these species on the site. Possible presence of the remaining 18 species was
evaluated based on habitat available, signs of utilization by each species, and overall
suitability for this species.
Two species that utilize wetland habitat were evaluated: bunched arrowhead (E) and bog
turtle (T). The small wetland does not have an obvious springhead and no mucky areas
were present. This wetland is not suitable for bunched arrowhead. The wetland is
unlikely to host bog turtle for two reasons. It is located at the headwaters of an
intermittent stream and does not have the springfed marshy habitat suitable for this
species.
The 16 federal species of concern that might utilize the area include 5 mammals, 5 birds,
1 invertebrate, and 5 plants. The 5 mammals are the eastern and Appalachian woodrats,
gray bat, small-footed bat, and Rafineque's big-eared bat. Both woodrats prefer rocky
areas where they build nests of twigs, but may utilize brush piles instead. No brushy
areas were present at the time of the field survey and it is unlikely that woodrats are
utilizing the area.
The five birds include Bachman's sparrow, Cerulean warbler, southern Appalachian red
crossbill, southern Appalachian black-capped chickadee, and Appalachian yellow-bellied
sapsucker. Bachman's sparrow nests on the ground in open forests with a heavy
undercover of shrubs and grasses or may occasionally use overgrown fields with heavy
grass cover and a scattering of shrubs. The forested areas do not support much
undergrowth and the fields are being harvested for hay. Neither habitat is suitable for this
species.
The Cerulean warbler inhabits the upper canopy of mature deciduous forests. Although
occasionally found on dry slopes, it prefers bottomland forests along streams, lakes and
rivers. Some habitat exists on the slopes of this project site for this species.
The southern Appalachian red crossbill feeds on the seeds of conifers and is usually
found in conifer or conifer/deciduous forests. The project supports a mixed pine-oak
forest that could be utilized by this species. Due to the low component of pine and the
fragmented nature of the forest resources in the area, it is unlikely that this area has red
crossbills.
The southern Appalachian black-capped chickadee might be found in the project area.
This species is tolerant of human presence and chickadees are regular visitors to bird
feeders in the winter. The forest has some mature trees with appropriate hollows that
could be used for nesting by chickadees. While mature trees would be an attractant, the
Appalachian yellow-bellied sapsucker breeds at higher elevations and would not be found
in the project area except as an occasional migrant.
The French Broad River crayfish is known to inhabit headwater streams of the French
Broad River drainage. This species prefers headwater stream with a moderate flow and
could potentially be present in the downstream portion of the perennial stream on this
project. The upper reach of Stream 1 is more sluggish and separated from the
downstream. reach by several hundred yards of culvert. Stream 2 is not suitable for the
crayfish.
Piratebush, French Broad heartleaf, Fraser loosestrife, sweet pinesap, and mountain
catchfly are the five plant species that required further consideration. Mountain catchfly
was ruled out based on the requirement for mafic or circumneutral soils. No heartleaf
was found during the field survey. Piratebush could potentially be present, but very little
understory growth was present and no specimens were found.
The deciduous forest with pines scattered throughout would be suitable habitat for sweet
pinesap. However, this plant would have been nearly impossible to find in early May.
There is no evidence to confirm or deny presence. Fraser loosestrife, known to occur
along roadsides, would be unlikely to grow along the highly disturbed, non-forested
roadways on the tract. None of five plants under consideration were found during the
field survey. It is unlikely that any of the five species is present on the tract due to the
extended period of disturbance by agricultural use of this tract.
?N
1 I ?

e
Stream 1
"i?
IN
' r
Wetland ,-1 .0 Y
f: k 'rt
I
Stream 2 r`
e4 =
D
0 245
Location of aquatic resources on MBJB, LLC project, Buncombe County, NC
980
= Feet
1,960

SUBDIVISION
THE RIDGE
GRADING & EROSION CONTROL PLAN
MBJB, LLC
BUNCOMBE COUNTY, NORTH CAROLINA
D RSEY ENGIh EERINC, C - -
THE RIDGE
R
LEICESTER
PIN 9701 02 67 3422 & 9701 02 77 5316
PORTION OF 9701 02 68 9372
LEICESTER TOWNSHIP
BUNCOMBE COUNTY, N.C.
SCALE 1'-50' 6/17/05
x. ED- NQYES, P"
ED IC. 4 AS=AM% LANG llMWMM
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(62e)125-4547
APRIL, 2006
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GRADING AND EROSION
PLAN FOR
THE RIDGE SUBDIVISION
PIN 9701 02 57 3422 & 9701 02 77 5316
PORTION CF 9701 02 63 9372
LEICESTER T0'I.NSHIP
BUNCOMEE COUNTY, N.C.
SCALE 1-=50- 6/17/05
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PRELIMINARY
NOT FOR RECORDATION,
CONVEYANCES OR SALES
FOR REVIEW PURPOSES ONLY
GRADING AND EROSION
PLAN FOR
THE RIDGE SUBDIVISION
PIN 9701 02 67 3422 & 9701 02 77 5316
PORTICN OF 9701 02 66 9372
LEICESTER T01',NSHIP
BUNCCV2E COUNTY, N.C.
SCALE 1-=50' 6/17/05
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