20061127 Ver 1_COMPLETE FILE_20060711

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Mr. Mark Harrill
WMHH Properties, LLC
P. O. Box 2955
Boone, NC 28607
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AUG 3 1 2006
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Harrill:
Alan W. Klimek, P.E. Director
Division of Water Quality
August 28, 2006
DWQ# 06-1127
Ashe County
WMHH Properties, LLC has our approval, in accordance with the attached conditions, to place permanent fill
in 140 linear feet of perennial stream and in 0.155 acre of riparian wetlands in order to construct four'road
crossings for the Elk Creek Mountain residential subdivision located on Three Top Road, near Todd, in Ashe
County, as described in your application received by the Division of Water Quality (DWQ) on July 11, 2006
and in additional correspondence received on August 15, 2006. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3402, which can be
viewed on our web site at http://www.ncwaterguality.orgfwetlands.html. This Certification allows you to use
Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you
should secure any other applicable federal, state or local permits before you proceed with your project,
including (but not limited to) those required by Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire
unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you
change your project, you must notify us in writing, and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this
project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear
feet, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval
to be valid, you must follow the conditions listed in the attached certification, as well as the additional
conditions listed below:
The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Amount Approved Plan Location or Reference
Streams 140 linear feet Elk Creek and three unnamed tributaries located west of Three Top Road in
Ashe County near Todd, as depicted on the site plan included with the
application

Caro*
J?alzrra)l
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet h_fp://www.ncwaterouality.or-q
Customer Service Number: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Mark Harrill
Page 2, DWQ# 06-1127
August 28, 2006
Amount Approved Plan Location or Reference
Wetlands 0.155 acre Riparian wetlands associated with Elk Creek and three
unnamed tributaries located west of Three Top Road in
Ashe County near Todd, as depicted on the site plan
included with the application

2. Appropriate sediment and erosion control measures which equal or exceed those outlined in the most
recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual or the
North Carolina Surface Mining Manual (available from the Division of Land Resources at NCDENR
regional offices or the central office), whichever is more appropriate, shall be designed, installed and
maintained properly to assure compliance at all times with the North Carolina water quality standards
that are applicable to Class C waters as described in 15A NCAC 02B.0211 Fresh Surface Water Quality
Standards For Class C Waters. Such measures must equal or exceed the requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual. These measures must
be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor
owned and leased borrow pits, which are associated with this project.
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control measures in wetlands or waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
project is completed or, if applicable, within six months of the date that the project is released by the
North Carolina Division of Land Resources.
4. No waste, spoils, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the Pre-Construction Notification. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control "Best
Management Practices" shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Where riprap is required for energy dissipation and scour protection, it shall be limited to the minimum
dimensions specified by appropriate engineering calculations. Riprap may only be used below the
normal high water level. The original grade and elevation of the stream's cross-section must be
maintained. Riprap placed in the stream bottom must be inserted into the bottom matrix to a depth
sufficient to provide the thickness of riprap required for scour protection. The elevation of the stream
bottom must not be increased by the placement of riprap. Placement of riprap must not result in
destabilization of the streambed or banks upstream or downstream of any crossing.
6. All construction activities associated with this project shall minimize built-upon surface area, direct
stormwater runoff away from surface waters, and incorporate best management practices to minimize
water quality impacts. If concrete is used with any fill material, it shall not be allowed to come in
contact with surface waters until it has cured. If any stormwater must be collected for discharge into a
stream channel, it shall not enter the stream as a point source, but shall be slowed and discharged as
sheet flow prior to entering the riparian buffer on either side of the stream.
Mr. Mark Harrill
Page 3, DWQ# 06-1127
August 28, 2006
7. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the §401 Certification has been completed.
This certificate should be returned to the Wetlands/401 Certification Unit of the NC Division of Water
Quality at the address listed on the form. Along with the Certificate of Completion, please send
photographs upstream and downstream of each culvert site to document correct installation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Daryl Lamb in the DWQ Winston-Salem Regional Office at 336-
771-4959 or Ian McMillan in the Wetlands/401 Central Office in Raleigh at 919-715-4631.
Sincerely,
40/1' Alan W. Klimek, P.E.
AWK/cdl
Attachments
cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
DWQ, Winston-Salem Regional Office
Central Files
Wetlands/401 File Copy
Mr. John Vilas, E'nV Environmental Consulting Services, 3764 Rominger Road, Banner Elk, NC 28604

J North Carolina Wildlife Resources Commission k
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U.S. Army Corps of Engineers w
IEVVVJ?
FROM: Ron Linville, Regional Coordinator Z i'006
Habitat Conservation Program
DE:NK - r.::',l
DATE: July 12, 2006 WETUWOM &'N0 Tt "hot, NH11
SUBJECT: Elk Creek Mountain Subdivision, Parcel ID: 04092-008, Elk Creek and tributaries
thereof, Todd Community, Ashe County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC
has reviewed information provided by the applicant, and field biologists on our staff are familiar with
habitat values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661-667d).
The project is to install three stream crossings for a 280 acre subdivision. Stream impacts will total 140
linear feet and wetland impacts will total 0.155 acres for road improvements. Wild, Southern strain
(native) Brook trout are known for Elk Creek and wild Brown and Rainbow trout are known for
tributaries around Elk Creek. In addition, the Kanawha minnow, Phenacobius teretulus (NCSC, FSC);
Kanawha darter, Etheostoma kanawhae (NCSR); Seep mudalia, Leptoxis dilatata, (NCT); green floater,
Lasmigona subviridis (NCE, FSC); tonguetied minnow, Exoglossum laurae (NCSR); sharpnose darter,
Percina oxyrhynchus (NCSC); spike, Elliptio dilatata (NCSC); and crayfish on the NC Watch List, New
River crayfish, Cambarus chasmodactylus; and Orconectes cristavarius, no common name, all occur in
the South Fork New River system. Kanawha minnow, Phenacobius teretulus (NCSC, FSC); Kanawha
darter, Etheostoma kanawhae (NCSR); tonguetied minnow, Exoglossum laurae (NCSR); and New River
crayfish, Cambarus chasmodactylus (NC Watch List) are known to inhabit smaller headwater streams as
well as the larger main stem portions of the system. The New River is designated as a national wild
and scenic river.
Based on the information provided by the applicant and our knowledge of the range of trout in the project
area, we do not believe this project will cause significant effects to waters supporting trout providing the
following non-prioritized conditions are followed:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Elk Creek Mountain Subdivision -Page 2 -
4.
5.
6.
July 12, 2006
Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout.
Sediment and erosion control measures must adhere to the design standards for sensitive
watersheds (15A NCAC 4B .0124).
Bridges are recommended for all permanent roadway crossings of streams, floodplains and
associated wetlands to eliminate the need to fill and culvert active floodplains. Bridges should be
the standard practice where significant natural resources like trout, listed species, or site
limitations like bedrock exist. Floodplain capacities and floodplain functions must be maintained
with bridges and culverts. If culverts must be used instead of bridges culverts should be
designed and installed to allow passage of aquatic organisms. Culverts 48" or larger must be
buried at least a foot (12") below the streambed. Culverts less than 48 inches diameter must be
buried to a depth equal to or greater than twenty (20) percent their size to provide aquatic life
passage. These measurements must be based on natural thalweg depths. Culverts should be
situated so that no channel realignment or widening occurs. Widening of the stream channel at
the inlet or outlet of structures usually causes a decrease in water depth and velocity resulting in
increased sedimentation and diminished aquatic life passage. Where multiple barrels are used,
the base flow barrel must be installed as indicated above while additional barrels should be placed
so that their bottoms are located on the active bank full elevation. These bankful barrels must be
connected to active floodplain benches to provide natural dimensions for the base flow channel
with sufficient water depth during low or normal flows to accommodate movement of aquatic
species. Regardless, natural stream dimensions must be maintained or provided/restored upon
work completion.
Riprap must not be placed in the streambed or in a manner to impeded aquatic life movement
during low flow or drought conditions.
If any concrete will be used, work must be accomplished so that wet concrete does not contact
stream water.
All remaining jurisdictional waters and wetlands should be permanently protected as undisturbed
forested common areas instead of being divided into portions of individual lots. We routinely
recommend 50' intermittent and 100' perennial stream buffers for areas without federally listed
threatened or endangered aquatic species. These buffers should be doubled where federally
threatened or endangered aquatic species are present.
If the development exceeds ten (10) percent imperviousness, stormwater management is recommended to
maintain or mimic pre-development hydrographic conditions. Stormwater management is appropriate
due to secondary and cumulative impact concerns prior to diminishment of the watershed from
development. Information about Secondary and Cumulative Impacts (SCI) can be found at
http://www ncwildlife org//pg07 WildlifeSpeciesCon/pg7c3 impacts.pdf Dispersed Low Impact
Development (LID) techniques are encouraged and recommended. Information on LID practices and
measures can be found at www lowi pactdevelopment.M.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
E-copy: Daryl Lamb, DWQ-WSRO
Matt Gantt, DLR-WSRO
George Smith, DWQ-WSRO
John Vilas, E'nV Consulting
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 7, 2006
DWQ# 06-1127
Watauga County
CERTIFIED MAIL: 7004 2510 0002 2177 4972
RETURN RECEIPT REQUESTED
Reference: Section 401 Water Quality Certification for the Elk Creek Mountain Residential Subdivision
Mr. Mark Harrill
WMHH Properties, LLC
P. O. Box 2955
Boone, NC 28607
Dear Mr. Harrill:
On July 11, 2006, the North Carolina Division of Water Quality (DWQ) received your application for a 401
General Water Quality Certification to impact 140 linear feet of Elk Creek and two unnamed tributaries and
to place fill in 0.155 acre of associated riparian wetlands in order to construct an access road and associated
side road for the proposed Elk Creek Mountain residential subdivision near Todd, in Ashe County. On July
27, 2006, Mr. Daryl Lamb of DWQ's Winston-Salem Regional Office visited this site in order to assess the
proposed impacts. Based on the information provided in your application and Mr. Lamb's site assessment,
additional information is required in order that we may determine your project's compliance with 15A
NCAC 2H.0500, Please provide five (5) copies of the following information:
1. The proposed alignment of the subdivision access road and associated side road does not appear
to provide access to all proposed buildable lots without additional stream and wetland impacts
beyond those requested in your application. Specifically, the proposed side road incorporating
stream crossing #3 does not appear to provide access to Lots 17, 19, and 20 as currently
configured. It appears from the proposed layout that an extension of the side road or one or
more driveways will be required, either of which will result in additional stream and wetland
impacts. Please re-evaluate the layout of your subdivision roads and submit a revised layout
that provides access to all proposed buildable lots with the minimum amount of stream and
wetland impacts. Please note that DWQ will not approve a layout that requires multiple
driveway stream crossings in order to access buildable lots.
Until the information requested in this letter is provided, I will request (by copy of this letter) that the U.S.
Army Corps of Engineers place this project on hold. Also, this project will be placed on hold for DWQ
processing due to incomplete information (15A NCAC 2H .0507(h)). The processing of this application
will begin when the requested information is received. Please be advised that if your proposed activity is
subject to Section 404 of the Clean Water Act (33 U.S.C. 1344), you must also receive a Section 401
Water Quality Certification from the N. C. Division of Water Quality before you begin any work.
None Cato ina
Naturldil
North Carolina Division of Water Quality
Wetlands Certification Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Phone [phone] FAX [phone]
2321 Crabtree Blvd. Raleigh, NC 27604-2260 Internet hftp://www.newaterouality.org
Customer Service Number: 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Mark Harrill
Page 2, DWQ# 06-1127
August 7, 2006
Please send the requested information to Mr. Ian McMillan, N. C. Division of Water Quality, Wetlands/401
Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you have any questions, please
contact Mr. Daryl Lamb, DWQ, Winston-Salem Regional Office, at [phone].
Sincerely,
*teveedder
Regional Supervisor
DWQ Winston-Salem Regional Office
SWT/cdl
cc: Ms. Amanda Jones, U. S. Army Corps of Engineers, Asheville Regulatory Field Office
DWQ, Winston-Salem Regional Office
Wetlands/401 Unit File Copy
Central Files
Mr. John Vilas, E'nV Environmental Consulting Services, 3764 Rominger Road, Banner Elk, NC 28604
AUG Y D
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Triage Check List
Date: 8/15/06 Project Name: Elk Creek Mountain
DWQ#: 06-1127
County: Ashe
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 8/15/06 - 10/13/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
E'nV
EnvlnonmentaI Consulting Services Im

August 11, 2006
Daryl Lamb
Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, NC 27107
RE: Elk Creek Mnt PCN revision
3764 Rominger Road
Banner Elk, NC 28604
Ph/Fax: [phone]
www.env-ecs.com
The enclosed permit application is a revision to the original. This revision has addressed
concerns of ACOE and DWQ personnel with regards to stream crossing #3 and also
additional impacts anticipated in providing access to proposed lots. This project proposes
to impact 140 linear feet of stream and 0.155-acres of jurisdictional wetlands. Please
review and consider this revised application. As you need further information, we can be
reached anytime at the above contact information.
Sincerely,
E'nV Environmental Consulting Services Inc.
Brian an efur
Wetland Ecologist, E'nV
CC: Ms. Amanda Jones
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DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH

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Pre-Construction Notification (PCN) Application Form
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. D LO - ? k 11
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Kenneth Wilcox, Joe Miller, Mark Harrill, and Larrv Hushes (WMHH Properties. LLC
Mailing Address: WMHH LLC
151 Mr. Bish Blvd.
Boone, NC 28607
Telephone Number: 828.265.6275 Fax Number:
E-mail Address: N/A
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: John Vilas
Company Affiliation: E'nV Environmental Consulting Services
Mailing Address: 3764 Rominger Road
Banner Elk, NC 28604
Telephone Number: 828.297.6946 Fax Number: 828.297.6946
E-mail Address: iohn(2env-ecs.com
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: Elk Creek Mountain
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Parcel ID 04092-008
4. Location
County: Ashe Nearest Town: Todd
Subdivision name (include phase/lot number): Elk Creek Mountain
Directions to site (include road numbers/names, landmarks, etc.): North on NC Hwy 194
from Boone travel approximately 10 miles to Ashe Countv line. Turn left onto Three Ton
Road and travel approximately 1.5 miles, project site is located along west side of road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 30'20' 8" N 81s 36' 21 W
6. Property size (acres): -280-acre
7. Name of nearest receiving body of water: Elk Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site consists of primarily undeveloped forest and open
pasture land. Three drainages were identified on the Todd USGS topo quad to originate on
the project area and drain directly into Elk Creek (DWO class C:Tr:+). A COE delineation
performed by E'nV ECS, Inc. and completed on 5/3/06 identified and mapped (see Figure 4)
roughly 6900 linear feet of perennial and intermittent streams and 1.96-acres of jurisdictional
wetlands within the project boundary. Unnamed tributary to Elk Creek 1 (UT-1) drains the
southern portion of the site and includes 7 additional intermittent and perennial tributaries.
These systems are fed by groundwater discharge and in some areas sustain significant
riparian wetlands. Substantial groundwater discharge at the base of the toe slope along the
floodplain of Elk Creek maintains adjacent meadow riparian wetlands (EC-WA/B). The wet
meadow located to the west of Elk Creek (EC-WA) receive additional hydrologic recharge
from UT-2. UT-3 drains the central portion of the site and is mapped intermittent on the
USGS topo: however, an inspection of this stream revealed that a significant spring at the
head of the drainage went subsurface throughout the steeper grade of the slope and was not
determined to be a jurisdictional channel through the project area. UT-4 is an impressive
high gradient stream with long_glides/slides over bedrock. This stream is located within a
common area of the subdivision and will not be impacted by this development. The project
site is bounded with rural residential along Three Top Road and undeveloped forest land
across the southeastern slopes and peak of Black Mountain (USGS).
10. Describe the overall project in detail, including the type of equipment to be used: The 280-
acre Elk Creek Mountain subdivision will include approximately 100 single-family
residential lots, approximately 60-acres in common area, and the construction of a main
access road, side-access roads, and driveways. Four proposed stream crossings and three
wetland impacts are anticipated with the construction of the main road and two side roads,
and a private driveway. The main road will connect with Three Top Road and cross Elk
Creek crossing 1) and UT-lA (crossing 2). An additional side road to access lots 7, 8, 10,
12, and 14 will cross UT-1 (crossing 3). A driveway off the main road will cross UT-lA to
access lot 36 (crossing 4). Standard construction equipment (Track hoe, dozers, large trucks)
will be used to excavate and grade roads. Appropriate erosion and stormwater control
measures will be installed and maintained during and following construction.
11. Explain the purpose of the proposed work: The proposed stream crossings and wetland
impacts are associated with the construction of access roads to residential lots within the Elk
Creek Mountain subdivision.
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. There have been no previous *urisdictional determinations or permits
requested or obtained for this project.
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 future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed impacts include the
installation of 50 linear feet of 112"05" CMP arch pipe along Elk Creek, 40 linear feet of
36" CMP pipe along _UT-IA, 30 linear feet of 48" CMP pipe along UT-1, 20 linear feet of
36"CMP along UT-IA, 5075 square feet of wetland impact to EC-WA (impact 1), 1500
square feet of wetland impact to EC-WB (impact 2), and 215 square feet of wetland impact
to UT-IAW (impact 3). Wetland impacts include the discharge of clean fill material into
wetlands to raise road grade at entrance to subdivision from Three Top Road. Fill material
into wetlands will extend only to the width necessary for road construction.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
EC-WA Fill Riparian wet meadow No Adjacent 0.116
EC-W13 Fill Riparian wet meadow No Adjacent 0.034
UT-IAW Fill Riparian wet meadow No Adjacent 0.005
Total Wetland Impact (acres) 0.155
3. List the total acreage (estimated) of all existing wetlands on the property: 1.96-acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres
X-ing 1 Elk Creek 112"05' arch pipe Perennial 6 50 0.008
X-ing 2 UT-IA 36" CMP Perennial 8 40 0.007
X-ing 3 UT-1 48" CMP Perennial 8 30 0.005
X-ing 4 UT1A 36" CMP Perennial 4 20 0.002
Total Stream Impact (by length and acreage) 140 0.022
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name Waterbody Type of Waterbody Area of
Site Number (if applicable) e) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
None
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Imp act (acres : 0.022
Wetland Impact acres : 0.15
Open Water Impact acres : 0
Total Impact to Waters of the U.S. (acres) 0.172
Total Stream Impact linear feet : 140
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no impacts to isolated waters anticipated for this project.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. This application is a revision
to the original permit application received on 7/10/06. Crossing 1 & crossing 2 are identical
(same pipe size, length, and location) to the original permit application. Crossing 3 has been
relocated roughly 900 feet downstream of prior proposed stream crossing and includes proposed
impact to 30 linear feet of UTl. The new location of crossing 3 is situated at an existing stream
crossing (no pipe) and was considered during field inspection by DWQ and ACOE personnel to
be a more appropriate location for road crossing with regards to stable stream channel. One
additional stream crossing is required to provide access to all proposed lots throughout the
project area. Crossing 4 will impact 20 linear feet of UT-IA for the construction of a private
drive to access lot 36.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
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.
None proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:Hh2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Less than 15% of the 280-acre subject tract will
be developed into impervious from buildinvs. drivewavs. and access roads. Runoff venerated
from these areas will be dissipated and directed into undisturbed vegetated areas.
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.
Wastewater generated from the single-family residences will be treated in a septic systems
designed and installed in accordance with local health department standards.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: There
are no anticipated impacts to nearby downstream water quality as a result of this project.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits
on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered
and Threatened Species, accessibility problems, or other issues outside of the applicant's
control).
%Wl.-f&r••f/ rtf~v meaJAK.. JIM ### 4-.C

14/woV
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Elk Creek Mtn
Vicinity Map
Ashe County,
North Carolina
Property of:
WMHH PROPERTIES, LLC
Approximate location of
Elk Creek Mnt Project Area
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OF
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Pre-Construction Notification (PCN) Application Form
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 0 ? _ 2-1
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
p@m0wPM R
AUG 1 5 2006
DENR -WATER QUALITY
WETLANDS AND STORMWATER BiiANCli
R
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Kenneth Wilcox, Joe Miller, Mark Harrill, and Larrv Hushes (WMHH Pronerties. LLC
Mailing Address: WMHH LLC
151 Mr. Bish Blvd.
Boone. NC 28607
Telephone Number: 828.265.6275 Fax Number:
E-mail Address: N/A
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: John Vilas
Company Affiliation: E'nV Environmental Consulting Services
Mailing Address: 3764 Rominger Road
Banner Elk, NC 28604
Telephone Number: 828.297.6946 Fax Number: 828.297.6946
E-mail Address: johngenv-ecs.com
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: Elk Creek Mountain
2. T.I.P. Project Number or State Project Number (NCDOT Only):_
3. Property Identification Number (Tax PIN): Parcel ID 04092-008
4. Location
County: Ashe Nearest Town: Todd
Subdivision name (include phase/lot number): Elk Creek Mountain
Directions to site (include road numbers/names, landmarks, etc.): North on NC Hwy 194
from Boone travel approximately 10 miles to Ashe Countv line. Turn left onto Three Ton
Road and travel approximately 1.5 miles, project site is located along west side of road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 364 20' 8" N 81-4 36' 21 W
6. Property size (acres): -280-acre
7. Name of nearest receiving body of water: Elk Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site consists of primarily undeveloped forest and open
pasture land. Three drainages were identified on the Todd USGS topo quad to originate on
the project area and drain directly into Elk Creek (DWQ class C;Tr:+). A COE delineation
performed by E'nV ECS, Inc. and completed on 5/3/06 identified and mapped (see Figure 4)
roughly 6900 linear feet of perennial and intermittent streams and 1.96-acres of jurisdictional
wetlands within the project boundary. Unnamed tributarX to Elk Creek 1 (UT-1) drains the
southern portion of the site and includes 7 additional intermittent and perennial tributaries.
These systems are fed by groundwater discharge and in some areas sustain significant
riparian wetlands. Substantial groundwater discharge at the base of the toe slope along the
floodplain of Elk Creek maintains adjacent meadow riparian wetlands (EC-WAB). The wet
meadow located to the west of Elk Creek (EC-WA) receive additional hydrologic recharge
from UT-2. UT-3 drains the central portion of the site and is manned intermittent on the
USGS topo; however, an inspection of this stream revealed that a significant sprin at t the
head of the drainage went subsurface throughout the steeper grade of the slope and was not
determined to be a jurisdictional channel through the project area. UT-4 is an impressive
high gradient stream with long_glides/slides over bedrock. This stream is located within a
common area of the subdivision and will not be impacted by this development. The project
site is bounded with rural residential along Three Top Road and undeveloped forest land
across the southeastern slopes and peak of Black Mountain (,USGS .
10. Describe the overall project in detail, including the type of equipment to be used: The 280-
acre Elk Creek Mountain subdivision will include approximately 100 single-famiIX
residential lots, approximately 60-acres in common area, and the construction of a main
access road, side-access roads, and driveways. Four proposed stream crossings and three
wetland impacts are anticipated with the construction of the main road and two side roads,
and a private driveway. The main road will connect with Three Top Road and cross Elk
Creek crossing 1) and UT-IA (crossing 2). An additional side road to access lots 7, 8, 10,
12, and 14 will cross UT-I (crossing 3). A driveway off the main road will cross UT-lA to
access lot 36 (crossing 4). Standard construction equipment (Track hoe, dozers, large trucks)
will be used to excavate and grade roads. Appropriate erosion and stormwater control
measures will be installed and maintained during and following construction.
11. Explain the purpose of the proposed work: The proposed stream crossings and wetland
impacts are associated with the construction of access roads to residential lots within the Elk
Creek Mountain subdivision.
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. There have been no previous jurisdictional determinations or permits
requested or obtained for this project.
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 future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Proposed impacts include the
installation of 50 linear feet of 112"05" CMP arch pipe along Elk Creek, 40 linear feet of
36" CMP pipe along UT-IA, 30 linear feet of 48" CMP pipe along UT-l, 20 linear feet of
36"CMP along UT-IA, 5075 square feet of wetland impact to EC-WA (impact 1), 1500
square feet of wetland impact to EC-WB (impact 2), and 215 square feet of wetland impact
to UT-IAW (impact 3). Wetland impacts include the discharge of clean fill material into
wetlands to raise road grade at entrance to subdivision from Three Top Road. Fill material
into wetlands will extend only to the width necessary for road construction.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
EC-WA Fill Riparian wet meadow No Adjacent 0.116
EC-WB Fill Riparian wet meadow No Adjacent 0.034
UT-IAW Fill Riparian wet meadow No Adjacent 0.005
Total Wetland Impact (acres) 0.155
3. List the total acreage (estimated) of all existing wetlands on the property: 1.96-acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multi 1 length X width, then divide b 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet aces
X-ing 1 Elk Creek 112"x75" arch pipe Perennial 6 50 0.008
X-ing 2 UT-IA 36" CMP Perennial 8 40 0.007
X-ing 3 UT-1 48" CMP Perennial 8 30 0.005
X-ing 4 UT1A 36" CMP Perennial 4 20 0.002
Total Stream Impact (by length and acreage) 140 0.022
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name
Wat Type of Waterbody Area of
Site Number (if applicable) ) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
None
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the ro'ect:
Stream Imp act acres : 0.022
Wetland Impact acres : 0.15
Open Water Impact acres : 0
Total Impact to Waters of the U.S. (acres) 0.172
Total Stream Impact linear feet): 140
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no impacts to isolated waters anticipated for this project.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. This application is a revision
to the original permit application received on 7/10/06. Crossing 1 & crossing _2 are identical
(same pipe size, length, and location) to the original permit application. Crossing 3 has been
relocated roughly 900 feet downstream of prior proposed stream crossing and includes proposed
impact to 30 linear feet of UT1. The new location of crossing 3 is situated at an existing stream
crossing (no pipe) and was considered during field inspection by DWO and ACOE personnel to
be a more appropriate location for road crossing with regards to stable stream channel. One
additional stream crossing i_s required to provide access to all proposed lots throughout the
project area. Crossing 4 will impact 20 linear feet of UT-IA for the construction of a private
drive to access lot 36.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.htm1.
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.
None proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
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/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 0213.0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone Ir, Multiplier
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Less than 15% of the 280-acre subject tract will
be developed into impervious from buildings, driveways, and access roads. Runoff generated
from these areas will be dissipated and directed into undisturbed vegetated areas.
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.
Wastewater i?enerated from the single-family residences will be treated in a septic systems
designed and installed in accordance with local health department standards.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
ham://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: There
are no anticipated impacts to nearby downstream water duality as a result of this project
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits
on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered
and Threatened Species, accessibility problems, or other issues outside of the applicant's
control).

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Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Residential Development
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Triage Check List
Date: 7/17/06 Project Name:Elk Creek Mountain
DWQ#: 06-1127
County: Ashe
Daryl Lamb, Winston-Salem Regional Office
To:
60-day processing time: 7/11/06 - 9/09/06 r K mR M
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
_P L,?J aao66 / (2*?
JUL 2 0 2006
WE7 q , AND ST FO MATER BRAND
??J North Carolina Wildlife Resources Commission I
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office. U.S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator '/- "
Habitat Conservation Program
DATE: July 12, 2006
SUBJECT: Elk Creek Mountain Subdivision, Parcel ID: 04092-008, Elk Creek and tributaries
thereof, Todd Community, Ashe County
The applicant is requesting a letter of concurrence from the North Carolina Wildlife Resources
Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC
has reviewed information provided by the applicant, and field biologists on our staff are familiar with
habitat values of the project area. These comments are provided in accordance with provisions of the
Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat.
401, as amended; 16 U.S.C. 661-667d).
The project is to install three stream crossings for a 280 acre subdivision. Stream impacts will total 140
linear feet and wetland impacts will total 0.155 acres for road improvements. Wild, Southern strain
(native) Brook trout are known for Elk Creek and wild Brown and Rainbow trout are known for
tributaries around Elk Creek. In addition, the Kanawha minnow, Phenacobius teretulus (NCSC, FSC);
Kanawha darter, Etheostoma kanawhae (NCSR); Seep mudalia, Leptoxis dilatata, (NCT); green floater,
Lasmigona subviridis (NCE, FSC); tonguetied minnow, Exoglossum laurae (NCSR); sharpnose darter,
Percina oxyrhynchus (NCSC); spike, Elliptio dilatata (NCSC); and crayfish on the NC Watch List, New
River crayfish, Cambarus chasmodactylus; and Orconectes cristavarius, no common name, all occur in
the South Fork New River system. Kanawha minnow, Phenacobius teretulus (NCSC, FSC); Kanawha
darter, Etheostoma kanawhae (NCSR); tonguetied minnow, Exoglossum laurae (NCSR); and New River
crayfish, Cambarus chasmodactylus (NC Watch List) are known to inhabit smaller headwater streams as
well as the larger main stem portions of the system. The New River is designated as a national wild
and scenic river.
Based on the information provided by the applicant and our knowledge of the range of trout in the project
area, we do not believe this project will cause significant effects to waters supporting trout providing the
following non-prioritized conditions are followed:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Elk Creek Mountain Subdivision -Page 2 -
July 12, 2006
1. Instream work and land disturbance within the 25-foot wide buffer zone are prohibited during the
trout spawning seasons of October 15 through April 15 to protect the egg and fry stages of trout.
2. Sediment and erosion control measures must adhere to the design standards for sensitive
watersheds (I5ANCAC 4B .0124).
3. Bridges are recommended for all permanent roadway crossings of streams, floodplains and
associated wetlands to eliminate the need to fill and culvert active floodplains. Bridges should be
the standard practice where significant natural resources like trout, listed species, or site
limitations like bedrock exist. Floodplain capacities and floodplain functions must be maintained
with bridges and culverts. If culverts must be used instead of bridges culverts should be
designed and installed to allow passage of aquatic organisms. Culverts 48" or larger must be
buried at least a foot (12") below the streambed. Culverts less than 48 inches diameter must be
buried to a depth equal to or greater than twenty (20) percent their size to provide aquatic life
passage. These measurements must be based on natural thalweg depths. Culverts should be
situated so that no channel realignment or widening occurs. Widening of the stream channel at
the inlet or outlet of structures usually causes a decrease in water depth and velocity resulting in
increased sedimentation and diminished aquatic life passage. Where multiple barrels are used,
the base flow barrel must be installed as indicated above while additional barrels should be placed
so that their bottoms are located on the active bank full elevation. These bankful barrels must be
connected to active floodplain benches to provide natural dimensions for the base flow channel
with sufficient water depth during low or normal flows to accommodate movement of aquatic
species. Regardless, natural stream dimensions must be maintained or provided/restored upon
work completion.
4. Riprap must not be placed in the streambed or in a manner to impeded aquatic life movement
during low flow or drought conditions.
5. If any concrete will be used, work must be accomplished so that wet concrete does not contact
stream water.
6. All remaining jurisdictional waters and wetlands should be permanently protected as undisturbed
forested common areas instead of being divided into portions of individual lots. We routinely
recommend 50' intermittent and 100' perennial stream buffers for areas without federally listed
threatened or endangered aquatic species. These buffers should be doubled where federally
threatened or endangered aquatic species are present.
If the development exceeds ten (10) percent imperviousness, stormwater management is recommended to
maintain or mimic pre-development hydrographic conditions. Stormwater management is appropriate
due to secondary and cumulative impact concerns prior to diminishment of the watershed from
development. Information about Secondary and Cumulative Impacts (SCI) can be found at
http://www.ncwildlife.orp-/pgO7 WildlifeSpeciesCon/pg76 impacts pdf. Dispersed Low Impact
Development (LID) techniques are encouraged and recommended. Information on LID practices and
measures can be found at «w« .loNN-i pactdevelopment.org.
Thank you for the opportunity to review and comment on this project. If you have any questions
regarding these comments, please contact me at 336/769-9453.
E-copy: Daryl Lamb, DWQ-WSRO
Matt Gantt, DLR-WSRO
George Smith, DWQ-WSRO
John Vilas, E'nV Consulting
E'nV
Consulting SE>?ViC?S 1110.
July 7, 2006
Steve Chapin
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
RE: Elk Creek Mnt PCN
3764 Rominger Road
Banner Elk, NC 28604
Ph/Fax: [phone]
www.env-ecs.com
Enclosed please find a pre-construction notification (Nationwide 39) application package
for a proposed residential subdivision located within Ashe County, North Carolina. This
project will involve the construction of access roads and include 140 linear feet of stream
impact to Elk Creek and an unnamed tributary and approximately 0.16-acres of wetland
impact as a result of access road construction. E'nV Environmental Consulting Services,
Inc. developed this application on behalf of WMIiH Properties, LLC. Please review and
consider our permit application. As you need further information, we can be reached
anytime at the above contact information.
Sincerely,
E'nV Environmental Consulting Services Inc.
Bri
Wetland Ecologist, EW
CC: Mr. Ron Linville
Mr. John Domey
WMHK LLC
c:
JUL 1 1. 2006
UENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH

0
OF INATF9
QGDUa-V;
r
Pre-Construction Notification (PCN) Application Form
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:' ?
II. Applicant Information 030W--- ?D
1. Owner/Applicant Information JUL 1 1 M6
DENR - A TER QIJ.AuTY
Name: Kenneth Wilcox, Joe Miller, Mark Harrill, and Larry Hughes (W lei ,___ )RRA,CH
Mailing Address: P.O. Box 2955
Boone NC 28607
Telephone Number: 828.265.6275 Fax Number:
E-mail Address: N/A
Elk Creek Mnt PCN Page 1 of 16 E'nV ECS, Inc.
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: John Vilas
Company Affiliation: E'nV Environmental Consulting Services
Mailing Address: 3764 Rominger Road
Banner Elk, NC 28604
Telephone Number: 828.297.6946 Fax Number: 828.297.6946
E-mail Address: johngenv-ecs.com
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: Elk Creek Mountain
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Parcel ID 04092-008
4. Location
County: Ashe Nearest Town: Todd
Subdivision name (include phase/lot number): Elk Creek Mountain
Directions to site (include road numbers/names, landmarks, etc.): North on NC Hwy 194
from Boone travel approximately 10 miles to Ashe Countv line. Turn left onto Three Forks
Road and travel approximately 1.5 miles, project site is located along west side of road.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 364 20' 8" N 81-Q 36' 21" W
6. Property size (acres): 280-acre
Elk Creek Mnt PCN Page 2 of 16 E'nV ECS, Inc.
7. Name of nearest receiving body of water: Elk Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site consists of primarily undeveloped forest and open
pasture land. Three drainages were identified on the Todd USGS topo quad to originate on
the project area and drain directly into Elk Creek (DWO class C;Tr:+). A COE delineation
performed by E'nV ECS, Inc. and completed on 5/3/06 identified and mapped (see Figure 4
roughly 6900 linear feet of perennial and intermittent streams and 1.96-acres of jurisdictional
wetlands within the project boundary. Unnamed tributary to Elk Creek 1 (UT-1) drains the
southern portion of the site and includes 7 additional intermittent and perennial tributaries.
These systems are fed by groundwater discharge and in some areas sustain significant
riparian wetlands. Substantial groundwater discharge at the base of the toe slope along the
floodplain of Elk Creek maintains adjacent meadow riparian wetlands (,EC-WA/B). The wet
meadow located to the west of Elk Creek (EC-WA) receive additional hydrologic rologic recharge
from UT-2. UT-3 drains the central portion of the site and is mapped intermittent on the
USGS topo; however, an inspection of this stream revealed that a significant spring at the
head of the drainage went subsurface throughout the steeper grade of the slope and was not
determined to be a jurisdictional channel through the project area. UT-4 is an impressive
high gradient stream with long glides/slides over bedrock. This stream is located within a
common area of the subdivision and will not be impacted by this development. The project
site is bounded with rural residential along Three Forks Road and undeveloped forest land
across the southeastern slopes and peak of Black Mountain (USGS).
10. Describe the overall project in detail, including the type of equipment to be used: The 280-
acre Elk Creek Mountain subdivision will include approximately 107 single-family
residential lots, a 37-acre common area, and the construction of a main access road, side-
access roads, and driveways. Three proposed stream crossings and 2 wetland impacts are
anticipated with the construction of the main road and one side road (Road D). The main
road will connect with Three Top Road and cross Elk Creek (crossing 1) and UT-IA
(crossing 2). Side road D will cross UT-11-1 (crossing 3). Standard construction equipment
(Track hoe, dozers, large trucks) will be used to excavate and grade roads. Appropriate
erosion and stormwater control measures will be installed and maintained during and
following construction.
11. Explain the purpose of the proposed work: The proposed stream crossings and wetland
impacts are associated with the construction of access roads to residential lots within the Elk
Creek Mountain subdivision.
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
Elk Creek Mnt PCN Page 3 of 16 EW ECS, Inc.
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. There have been no previous Jurisdictional determinations or permits
requested or obtained for this project.
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 future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Proposed impacts include the
installation of 60 linear feet of 112"05" CMP arch pipe along Elk Creek, 40 linear feet of
36" CMP pipe along UT-IA, 40 linear feet of 36" CMP pipe along UT-1H, 5075 square feet
of wetland impact to EC-WA (impact 1), 100 square feet of wetland impact to EC-WB
(impact 2), and 215 square feet of wetland impact to UT-JAW (impact 3). Wetland impacts
include the discharge of clean fill material into wetlands to raise road grade at entrance to
subdivision from Three Top Road. Fill material into wetlands will extend only to the width
necessary for road construction.
Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se aratel list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet
EC-WA Fill Riparian wet meadow No Adjacent 0.116
EC-W13 Fill Riparian wet meadow No Adjacent 0.034
UT-IAW Fill Riparian wet meadow No Adjacent 0.005
Total Wetland Impact (acres) 0.155
Elk Creek Mnt PCN Page 4 of 16 E'nV ECS, Inc.
3. List the total acreage (estimated) of all existing wetlands on the property: 1.96-acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
X-ing 1 Elk Creek 112"05" arch pipe Perennial 6 60 0.008
X-ing 2 UT-IA 36" CMP Perennial 8 40 0.007
X-ing 3 UT-1H 36" CMP Perennial 4 40 0.004
Total Stream Impact (by length and acreage) 140 0.019
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name Waterbody Type of Waterbody Area of
Site Number (if applicable) e) Type of Impact (lake, Pand estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
None
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Imp act acres): 0.019
Wetland Impact acres : 0.15
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.169
Total Stream Impact (linear feet): 140
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no impacts to isolated waters anticipated for this project.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Elk Creek Mnt PCN Page 5 of 16 E'nV ECS, Inc.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. Due to boundary and
topographic constraints, the subdivision entrance road off of Three Top Road must cross Elk
Creek (crossing 1 to enter property. This crossing has been situated to traverse perpendicular to
stream and impact a minimal of identified jurisdictional wetlands (impacts 1 & 2 Crossing 2
has been located along an existing unimproved stream crossing, and is situated between identified
wetlands to minimize impact 3.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetiands/strmgide.htm1.
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
Elk Creek Mnt PCN Page 6 of 16 E'nV ECS, Inc.
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.
None proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No F1
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 02B.0243 (Catawba) 15A NCAC
Elk Creek Mnt PCN Page 7 of 16 E'nV ECS, Inc.
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)? Yes ? No
3.
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multioliers.
Zone* Impact Multiplier Required
(square feet Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration ,
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or.0244, or.0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Less than 15% of the 280-acre subject tract will
be developed into impervious from buildings, drivewavs. and access roads. Runoff venerated
from these areas will be dissipated and directed into undisturbed vegetated areas.
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.
Wastewater generated from the single-family residences will be treated in a septic systems
designed and installed in accordance with local health department standards.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: There
are no anticipated impacts to nearby downstream water quality as a result of this project.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Elk Creek Mnt PCN Page 8 of 16 E'nV ECS, Inc.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits
on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered
and Threatened Species, accessibility problems, or other issues outside of the applicant's
control).
%W I.- i4 0, 0.5if

441/. 4-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Elk Creek Mnt PCN Page 9 of 16 E'nV ECS, Inc.
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Elk Creek Mnt PCN Page 11 of 16 E'nV ECS, Inc.

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impact as result of road construction.
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Page 16 of 16
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Proposed installation
E'nV ECS, Inc.
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at location of proposed entrance road
from Three Top Road. Notice wetland
EC-WA along base of toe slope.
along UT-IA. Current unimproved
crossing provides access to upper portion
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Pre-Construction Notification (PCN) Application Form
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(it any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), ch re:
II. Applicant Information
1. Owner/Applicant Information JUL. 1 I 2006
WHY- - - 4VF;1 i=R ?i)ALl I Y
Name: Kenneth Wilcox, Joe Miller Mark Harrill and Larry Hughes N4;g?841?4?91 q",
Mailing Address: P.O. Box 2955
Boone, NC 28607
Telephone Number: 828.265.6275 Fax Number:
E-mail Address: N/A
Elk Creek Mnt PCN Page I of 16 E'nV ECS, Inc.
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: John Vilas
Company Affiliation: E'nV Environmental Consulting Services
Mailing Address: 3764 Rominger Road
Banner Elk, NC 28604
Telephone Number: 828.297.6946 Fax Number: 828.297.6946
E-mail Address: johngenv-ecs.com
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: Elk Creek Mountain
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Parcel ID 04092-008
4. Location
County: Ashe Nearest Town: Todd
Subdivision name (include phase/lot number): Elk Creek Mountain
Directions to site (include road numbers/names, landmarks, etc.): North on NC Hwy 194
from Boone travel approximately 10 miles to Ashe Countv line. Turn left onto Three Forks
Road and travel approximately 1.5 miles, project site is located along west side of road.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 364 20' 8" N 81-2 36' 21 W
6. Property size (acres): 280-acre
Elk Creek Mnt PCN Page 2 of 16 E'nV ECS, Inc.
7. Name of nearest receiving body of water: Elk Creek
8. River Basin: New River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httl2:Hh2o.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: The site consists of primarily undeveloped forest and open
pasture land. Three drainages were identified on the Todd USGS topo quad to originate on
the project area and drain directly into Elk Creek (DWO class C;Tr:+). A COE delineation
performed by E'nV ECS, Inc. and completed on 5/3/06 identified and mapped (see Figure 4)
roughly 6900 linear feet of perennial and intermittent streams and 1.96-acres of jurisdictional
wetlands within the project boundary. Unnamed tributary to Elk Creek 1 (UT-1) drains the
southern portion of the site and includes 7 additional intermittent and perennial tributaries.
These systems are fed by groundwater discharge and in some areas sustain significant
riparian wetlands. Substantial groundwater discharge at the base of the toe slope along the
floodplain of Elk Creek maintains adjacent meadow riparian wetlands (EC-WAB) The wet
meadow located to the west of Elk Creek (EC-WA) receive additional hydrologic recharge
from UT-2. UT-3 drains the central portion of the site and is mapped intermittent on the
USGS topo; however, an inspection of this stream revealed that a significant sl2rin at t the
head of the drainage went subsurface throughout the steeper grade of the slope and was not
determined to be a jurisdictional channel through the project area UT-4 is an impressive
high gradient stream with long_glides/slides over bedrock. This stream is located within a
common area of the subdivision and will not be impacted by this development. The project
site is bounded with rural residential along Three Forks Road and undeveloped forest land
across the southeastern slopes and peak of Black Mountain (USGS.
10. Describe the overall project in detail, including the type of equipment to be used: The 280-
acre Elk Creek Mountain subdivision will include approximately 107 single-family
residential lots a 37-acre common area and the construction of a main access road side-
access roads and driveways Three proposed stream crossings and 2 wetland impacts are
anticipated with the construction of the main road and one side road (Road D). The main
road will connect with Three Top Road and cross Elk Creek (crossing 1) and UT-IA
(crossing 2). Side road D will cross UT-11-1 (crossing 3). Standard construction equipment
(Track hoe, dozers, large trucks) will be used to excavate and grade roads Appropriate
erosion and stormwater control measures will be installed and maintained during and
following construction.
11. Explain the purpose of the proposed work:_ The proposed stream crossings and wetland
impacts are associated with the construction of access roads to residential lots within the Elk
Creek Mountain subdivision.
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
Elk Creek Mnt PCN Page 3 of 16 EW ECS, Inc.
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. There have been no previous jurisdictional determinations or permits
requested or obtained for this project.
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 future permits are anticipated for this project.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Provide a written description of the proposed impacts: Proposed impacts include the
installation of 60 linear feet of 112"x75" CMP arch pipe along Elk Creek 40 linear feet of
36" CMP pipe along UT-IA, 40 linear feet of 36" CMP pipe along UT-1H 5075 square feet
of wetland impact to EC-WA (impact 1)1500 square feet of wetland impact to EC-WB
(impact 2)and 215 square feet of wetland impact to UT-lAW (impact 3) Wetland impacts
include the discharge of clean fill material into wetlands to raise road grade at entrance to
subdivision from Three Top Road. Fill material into wetlands will extend only to the width
necessary for road construction.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact

(indicate on map)
herbaceous, bog, etc.)
Floodplain Stream (acres)
es/no linear feet
EC-WA Fill Riparian wet meadow No Adjacent 0.116
EC-W13 Fill Riparian wet meadow No Adjacent 0.034
UT-IAW Fill Riparian wet meadow No Adjacen 0.005
Total Wetland Impact (acres) Elk Creek Mnt PCN Page 4 of 16 E'nV ECS, Inc.

3. List the total acreage (estimated) of all existing wetlands on the property: 1.96-acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet acres
X-ing 1 Elk Creek 112"05" arch pipe Perennial 6 60 0.008
X-ing 2 UT-IA 36" CMP Perennial 8 40 0.007
X-ing 3 UT-IH 36" CMP Perennial 4 40 0.004
Total Stream Impact (by length and acreage) 140 0.019
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name
Wat Type of Waterbody Area of
Site Number )
applicable)
(if ap Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
None
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Imp act acres : 0.019
Wetland Impact acres : 0.15
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. acres 0.169
Total Stream Impact linear feet): 140
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
There are no impacts to isolated waters anticipated for this project.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Elk Creek Mnt PCN Page 5 of 16 E'nV ECS, Inc.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. Due to boundary and
topographic constraints, the subdivision entrance road off of Three Top Road must cross Elk
Creek (crossing 1) to enter property. This crossing has been situated to traverse perpendicular to
stream and impact a minimal of identified jurisdictional wetlands (impacts 1 & 2) Crossing 2
has been located along an existing unimproved stream crossing and is situated between identified
wetlands to minimize impact 3.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.htmi.
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
Elk Creek Mnt PCN Page 6 of 16 E'nV ECS, Inc.
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.
None proposed
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0
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)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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 213 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
Elk Creek Mnt PCN Page 7 of 16 E'nV ECS, Inc.
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify)? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ice,,., - f o,N Multiplier
3 (2 for Catawba)
1.5
3
XI. Stormwater (required by DWQ)
Total I
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what
Donation of Property, Riparian Buffer Restoration /
Riparian Buffer Restoration Fund). Please attach all
within 15A NCAC 2B .0242 or .0244, or .0260.
type of mitigation is proposed (i.e.,
Enhancement, or Payment into the
appropriate information as identified
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Less than 15% of the 280-acre subject tract will
be developed into impervious from buildings, driveways and access roads Runoff generated
from these areas will be dissipated and directed into undisturbed vegetated areas
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.
Wastewater generated from the single-family residences will be treated in a septic systems
designed and installed in accordance with local health department standards
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: There
are no anticipated impacts to nearby downstream water quality as a result of this project
Elk Creek Mnt PCN Page 8 of 16 E'nV ECS, Inc.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits
on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered
and Threatened Species, accessibility problems, or other issues outside of the applicant's
control).
Afar ?"•??f P,&. MfrJ.&+ vow ois 4A.4=
'?` c--:_
? (4 71 /-0 4_
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Elk Creek Mnt PCN Page 9 of 16 E'nV ECS, Inc.
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Elk Creek Mnt PCN Page 11 of 16 1"liv FIGS, Inc.

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Elk Creek Mountain Stream & Wetland Impact Photo Sheet

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Page 16 of 16
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Above: Wet meadow (EC-WB) lo(
along flood plain of Elk C
Approximately 0.034-acre of prof
impact as result of road construction.
Left: Photo of Elk Creek
looking upstream at location
of proposed road crossing #l.
Above: Location of road crossing
along UT-1H. Proposed installation
36" CMP.
E'nV ECS, Inc.
Above: Looking west across Elk Creek
at location of proposed entrance road
from Three Top Road. Notice wetland
EC-WA along base of toe slope.
along UT-IA. Current unimproved
crossing provides access to upper portion
of ?o? ctkttft PCN