20061390 Ver 1_COMPLETE FILE_20060825

OF WATFq
>_ 1 DWaYE
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
October 31, 2006
DWQ Project # 06-1390
Caldwell County
Larry Bragg
17505 West Catawba Ave.
Suite 350
Cornelius, NC 28031
Subject Property: Heartwood Forest
Caldwell County
E [9 F. 0 W 12
NOV 3 -- ZOU6
DENR • WATER QUALI7Y
MM.103A14D 3T031 W IR nt:MGfi
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bragg:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 125 linear feet of streams for the purpose of subdivision
development at the subject property, as described within your application dated September 28,
2006 and received by the N.C. Division of Water Quality (DWQ) on October 3, 2006. After
reviewing your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3406 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, stormwater, and water supply watershed regulations. Also,
this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application sliall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http!//h2o.enr.state.nc.us/ncvvetlands
o11C
NorthCarolina
,Xaturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Larry Bragg
Page 2 of 6
October 31, 2006
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
UT to Johns River 25 (feet) 1
UT to Johns River 25- (feet) 2
UT to Johns River 25 (feet) 3
UT to Johns River 25 (feet) 4
UT to Johns River 25 (feet) 4
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Alining 11anual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
I
Larry Bragg
Page 3 of 6
October 31, 2006
4. No Sediment & Erosion Control ivleasures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
5. Certificate of Completion
Upon completion of all wort: approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 iVlail Service Center, Raleigh, NC, 27699-1650.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as
diffuse flow at non-erosive velocities through the protected stream buffers such that it
will not re-concentrate before discharging into a stream. If this is not possible, it may be
necessary to provide stormwater facilities that are considered to remove nitrogen. This
may require additional approval from this Office.
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 213.0216.
8. Buffer Replanting
Replanting of vegetation within disturbed areas located within 30 feet of the top of any
stream bank or wetland boundary must be performed consistent with the Guidelines for
Riparian Buffer Restoration. All buffer restoration must be performed within 30 days
of disturbance, or prior to transfer of ownership of any lots within the development,
which ever occurs first.
9. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and erosion
control practices must be used to meet this standard.
Larry Bragg
Page 4 of 6
October 31, 2006
10. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control
program, an NPDES General stormwater permit (NCG010000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be?
discharged during land disturbing construction activities as stipulated by conditions in the
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
lttlp: //h2o. ettr. state. nc. tts/.vu/Form.v Documents. htm.
11. Deed Restrictions
Deed restrictions or conservation easements shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place prior to impacting any
wetlands, waters and/or buffers approved for impact under this Certification Approval
and Authorization Certificate.
12. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts shall be designed and installed to allow for aquatic life
movement as well as to prevent head cutting of the streams. If any of the existing pipes are
or become perched, the appropriate stream grade shall be re-established or, if the pipes
installed in a perched manner, the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert. Therefore, you must provide plans with adequate details
that indicate that the current stability of the stream will be maintained or enhanced. You
must receive written approval from this Office for the above plans before the culvert(s) is
installed. Culvert(s) must be installed according to approved plans.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality.
t
Upon completion of the project, the Applicant shall complete and return the enclosed
"Certificate of Completion" form to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party shall complete the attached form
Larry Bragg
Page 5 of 6
October 31, 2006
and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion form.
13. Final Construction Drawings
Two copies of the final construction drawings shall be furnished to NCDWQ prior to the
pre-construction meeting. Written verification shall be provided that the final
construction drawings comply with the attached permit drawings contained in the
Application dated July 12, 2006.
14. Notification of Construction
The applicatl t and/or authorized agent shall contact the DWQ Asheville Regional Ofice in
writing at th? letterhead address within 10 days of the commencement of construction.
Violations of an? condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification, shall expire upon expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
Larry Bragg
Page 6 of 6
October 31, 2006
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 contact Kevin Barnett at 828-296-4657.
Sincerely,
t
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3402
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Brian C. Keane, P.E.
Shield Engineering, Inc.
4301 Taggart Creek Road
Charlotte, NC 28208
USACE Asheville Regulatory Field Office
Cyndi Karoly, DWQ 401 Central Office
DLR Asheville Regional Office
Ron Linville, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 06-1390.HeartwoodDevelopment.approval
o pgv95
N0V 3 :. 2006
Uf'r;i t YVgejj QUALITY
y?'1'l.i,f??7? MRq BTQr,t?'t!l+Y?(t C?V???i 1
:D ?a (16 1 3 0
North Carolina Wildlife Resources Commission IQ]
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Steve Chapin, Permit Coordinator
Asheville Office, U. S. Army Corps of Engineers
FROM: Ron Linville, Regional Coordinator 'PW
Habitat Conservation Program
DATE: September 8, 2006 D.; -ALIT-
Tcr,.,,,WpTER Erv- vYCtt
SUBJECT: Heartwood Forest Residential Subdivision, Unnamed Tributaries Johns River,
Caldwell County
Mr. Larry Bragg with Heartwood Forest Development 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 develop a residential subdivision utilizing existing logging roadways by
widening and upgrading deteriorated forest road stream crossings. A total of five (5) culverts
will be improved. Jurisdictional water impacts will total 125 linear feet of perennial stream. The
Johns River is a designated Significant Natural Heritage Area (1613) Aquatic Habitat resource.
Waters in the area support Santee chub, Cyprinella zanema (NCSR) and the Brookfloater,
Alasmidonla varicosa (NCE, FSC). Sport fisheries in the area include Smallmouth bass. Known
rare and listed species for the Jones River, Wilson Creek, Upper Creek and Warrior Fork
watershed are the Brook floater, Alasmidonla varicosa (NCE, FSC); Notched rainbow, Villosa
conslricla (NCSC); Eastern creekshell, V, delumbis (NCSR) and Santee chub, Cyprinella zanema
(NCSR).
Based on the information provided by the applicant and our knowledge of the project area, we do
not believe this project will cause significant direct effects to waters if properly done. It is
essential that this watershed be protected from both direct and indirect impacts due to aquatic life
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Heartwood Forest Development -Page 2 -
September 8, 2006
diversity found in the basin. We will not object to the project providing the following non-
prioritized conditions are followed:
1. Bridges are recommended instead of culverts whenever practicable. Culverts 48
inches diameter or larger should be buried a foot into the streambed. Culverts less
than 48 inches diameter should be buried to a depth equal to or greater than 20% their
size to allow for aquatic life passage. These measurements must be based on natural
thalweg depths.
2. Sediment and erosion control measures should adhere to the design standards for
sensitive watersheds (15A NCAC 4B .0124).
3. All remaining jurisdictional waters, wetlands and associated buffers and floodplains
should be permanently preserved or restored to undisturbed forest conditions.
4. Minimum contiguous buffers of 50' for intermittent and 100' for perennial streams
should be provided and protected with conservation easements. Buffer averaging
may be used providing the maximum available floodplain areas are permanently
protected.
5. Impacts to waters must be thoroughly evaluated, including any riprap used for culvert
stability, etc. We encourage the US Army Corps of Engineers to issue a NWP 14 to
allow review and certification of the project by the NC Division of Water Quality.
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: Kevin Barnett, DWQ-ARO
Triage Check List
Date: 9/29/06
Kevin Barnett, Asheville Regional Office
To:
Project Name: Heartwood Forest
DWQ #:06-1390
County: Caldwell
60-day Processing Time: 9/28/06 to 11/26/06
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
Ej Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minim ization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
F-i 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!
ENGINEERING INC.
September 27, 2006
Ms. Cyndi Karloy
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center,
Raleigh, North Carolina 27699-1650
RE: Request For More Information Letter/401 Permitting
Heartwood Forest Development, Caldwell County
Waterfront Group
Shield Project No. 1060123-01
Dear Ms. Karoly,
13qo
O Co -
Regarding the additional information requested in the Request for More Information letter dated
August 29, 2006:
Water Quality Certification, I Processing, Item 2 - Nationwide Permit 39
A copy of the issued ACOE Nationwide Permit 39 for the Heartwood Forest Development, Action
ID SAW-2006-40676-314 is attached. Thanks.
Sincerely,
SHIELD ENGINEERING, INC.
Brian C. Keane, PE D
Project Engineer SEP 2 8 2006
Attachments [)ENi - V:•;T cR QUALITY
WVi;,14!)Si.- i40 STIi-WWATc;< R.,`XH
Cc: Kevin Barnett, DWQ Asheville Regulatory Field Office
I 1AProjccts\2006\1 060123-01 1leartwood Forest\404 & 401 Perm itting\Correspondence\401 Information Request.doc
4301 Taggart Creek Road Telephone [phone]
Charlotte, NC 28208 www.shieldengineering.com Fax [phone]
t9
Office Use Only: Form Vcrsion March 05
USACE Action ID No. DWQ No. O LP - 13q D
(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:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 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
V
II. Applicant Information
S E P 2 8 2006
1. Owner/Applicant Information
Name: Larry Bra UENR - WATER DUALITY
MYYAii R BRANCH
Mailing Address: 17505 West Catawba Ave. Suite 350. Cornelius. 280
Telephone Number: 704 896-5880 Fax Number: 704 896-2967
E-mail Address: LBraggnwaterfrontg_m.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Shield Engineering, Inc.
Company Affiliation:
Mailing Address: 4301 Taggart Creek Road, Charlotte, NC 28208
Telephone Number: 704 394-6913 Fax Number: 704 394-6968
E-mail Address: BKeaneOaShield En ineerina.com
Page 5 of 13
0L-P --13go
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-40676-314 County: Caldwell USGS Quad: Collettsville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Larry Bragg
Address: 17505 West Catawba Ave., Suite 350
Cornelius, North Carolina 28031
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Heartwood Forest
development located on a 513 acre tract in the vicinity of SR 1307, northwest of Collettsville
Description of projects area and activity: Replace/upgrade 5 existing culverted road crossings which
are part of a roadway that will serve a residential development. The protect will result in 125 LF of
impacts to unnamed tributaries to the Johns River.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Perniit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, those conditions outlined in the enclosed NCWRC letter, and your submitted
plans. Any violation of the attached conditions or deviation from your submitted plans may subject the perrnittee to
a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x224.
Corps Regulatory Official Steve Chapin Date: September 25, 2006
Expiration Date of Verification: March 18, 2007
Copy Furnished:
Shield Engineering (Brian C. Keane), 4301 Taggart Creek Road, Charlotte, NC 28208
Office Use Only: Form Vcrsion March 05
USACC Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing 2 0 0 6 1 3 0 0
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 1 RWrA0WFMP
II. Applicant Information AU G 2 5 2006
Owner/Applicant Information o!_NR • wAIER QUALITY
Name: Larry Brae Yr' 1MOSANDSTOWNATE.RDMU
Mailing Address: 17505 West Catawba Ave, Suite 350, Cornelius, NC 28031
Telephone Number: 704 896-5880 Fax Number: 704 896-2967
E-mail Address: LBragg_(a?waterfrontgrp.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Shield Engineering, Inc.
Company Affiliation:
Mailing Address: 4301 Taggart Creek Road, Charlotte, NC 28208
Telephone Number: 704 394-6913 Fax Number: 704 394-6968
E-mail Address: BKeanenShield En ing eerine.com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Heartwood Forest
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 9W16312
4. Location
County: Caldwell Nearest Town: Collettsville
Subdivision name (include phase/lot number): Heartwood Forest
Directions to site (include road numbers/names, landmarks, etc.): From Lenoir, take SR 90
through Collettsville, Turn left onto SR 1307 (less than 1 KM to the West of Collettsville)
and proceed approximately 2 KM, project entrance on left.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35 56.62 ON 81 42.08 °W
6. Property size (acres): 513
7. Name of nearest receiving body of water: Johns River
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a former logging site with a series of logging
roads throuehout the nronerty which cross various perennial streams via 5 culverts. The
current logging roads are to be utilized for the residential subdivision. These logging roads
are being improved for residential traffic, to include expansion of the road width. In order to
Page 6 of 13
expand the road width the current culverts need to be extended. Additionally, several of the
culverts have deteriorated and require replacement.
10. Describe the overall project in detail, including the type of equipment to be used:-
Approximately 40 private residential lots will be sold. The infrastructure improvements
include roadway and entrance improvements.
11. Explain the purpose of the proposed work: To replace the existing culverts with culverts of
the same diameter and extended length totaling no more than 125 linear feet (25-ft per
culvert)
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. Logging
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. 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
Page 7 of 13
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: The impact of the project
involves the extension and/or replacement of culverts in 5 perennial streams
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
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Culvert A Excavation/Fill Forested Yes 0 .0025
Culvert B Excavation/Fill Forested Yes 0 .0025
Culvert C Excavation/Fill Forested Yes 0 .0025
Culvert D Excavation/Fill Forested Yes 0 .0025
Culvert E Excavation/Fill Forested Yes 0 .0025

Total Wetland Impact (acres) .0125
3. List the total acreage (estimated) of all existing wetlands on the property: 4.0
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, darn
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 ly length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Culvert A Not Named Excavation/Fill P 3 25 .002
Culvert B Not Named Excavation/Fill P 3 25 .002
Culvert C Not Named Excavation/Fill P 3 25 .002
Culvert D Not Named Excavation/Fill P 3 25 .002
Culvert E Not Named Excavation/Fill P 3 25 .002

Total Stream Impact (by length and acreage) 125 .01
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Type of Waterbody Area of
Site Number (if applicable) Impact (lake, pond, estuary, sound, bay, Impact
Page 8 of 13
(indicate on ma ocean, etc.) (acres)
N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .01
Wetland Impact (acres): .0125
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .0225
Total Stream Impact (linear feet): 125
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes X 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.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: 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. The existing site consists of
loeeine roads in mountainous terrain. Due to the steepness of the terrain and the lack of feasible
means for vehicular traffic to access the property, the current logging roads will provide the only
access to and within the subdivision. In order to improve the logginiZ roads for residential use,
the roads require widening to safely accommodate residential traffic and for proper storm water
management The current diameter sizing of the culverts is adequate, However, initial
Page 9 of 13
placement, repeated usage of the logging roads b heavy equipment and vehicles and natural
deterioration over time have damaged several of the culverts. The intent of this permit request is
to obtain permission to replace the 5 culverts in the perennial streams with culverts of similar
diameter and extended length in order to widen the subdivision road.
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/strms,ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also
Program (NCEEP).
[phone] to d
that they are will to
be made by payment into the North Carolina Ecosystem Enhancement
Please note it is the applicant's responsibility to contact the NCEEP at
;termine availability, and written approval from the NCEEP indicating
accept payment for the mitigation must be attached to this form. For
Page 10 of 13
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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No X
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 Waterslicd 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
trap, 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 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
Page I 1 of 13
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260.
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. The current impervious acreage (approximately
21 acres versus 513 of pervious area) consists of a series of logging roads throughout the project
area Additional impervious area will be added by widening and improving the logging roads, to
include extension/replacement of culverts. Storm water management consists of grassed/lined
drainage channels along the roadways to associated storm water culverts.
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.
Sewage treatment/disposal will consist of septic systems and will be the responsibility of the
individual homeowners.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No ?
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Additional impacts may occur. The lots may be developed by future respective buyers.
Page 12 of 13
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).
dlaloc
I .- 4F
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
Heartwood Forest Project -
Heartwood Forest
Road Example I
Heartwood Forest Project - Logging Road Example

Heartwood Forest Project - Culvert B Entrance

Heartwood Forest Project - Culvert Extension/Replacement
Heartwood Forest Project - Culvert Extension/Replacement
Heartwood Forest Project - Culvert D Entrance
Heartwood Forest Project - Culvert Extension/Replacement
h,-
sr
4a? a r
4
r
_ .i tAdg+xis
• ? ? ? a Lt ? } _ y
a '1 ?T ^KetfC
44
d
H?ARTWDO
D
FOREST
.oe
PROJECT H _N_
s
K ?
to i .r a
1 +Fj Gj r'! r°+ x s
?? { - _ • -
O?LEfT LL
SHIELD PROJECT#:1060123-01 WATERFRONT GROUP
PROJECT BOUNDARY N.?. DATE: 08/14/06
-FORMER LOGGING ENGINEERING, INC. HEARTWOOD FOREST PROJECT
QUADRANGLE LOCATION 4301 TAGGART CREEK ROAD PROJECT MGR: KAA CALDWELL COUNTY, NORTH CAROLINA
ROAD COLLETTSVILLE, NC CHARLOTTE NO 28208
ro..®3 DRAWN BY: TS SITE VICINITY MAP
• CULVERT LOCATIONS SCALE: NBCK
TS

mI
O
'x\ n
?Q
[' oo
C),O
O
W
00
o?
J ?
O
? CL
W CULVERT D j v
-?.? STgF4M % ?
O
a ,
s
o
ULVERT E
r\
?Q
O?
J ?
C,
?Q
?N
O
J
0
LOT
10.107
,31
ACRES
0

CULVERT A
EXISTING
ROADWAY
,'LOT 40
i•` s
1_''029 ACRES
l

LOT 27
10.010 ACRES

LOT 28
10.015 ACRES
LOT 29
10.007 ACRES
LOT 26
10. 085 ACRES
LOT 24
10.109 ACRES
\ O
LOT 30
i 0.030 ACRES LOT
j 10.08%R?
REVISIONS PROJECTS1060123-01 WATERFRONT GROUP
REV. DATE COMMENTS SHIELD DATE: 08114Po6
0 8/14106 PERMIT SUBMITTAL PROJECT MGR KAA HEARTWOOD FOREST PROJECT
ENGINEERING, INC. DESIGNED BY: BCK CALDWELL COUNTY, NORTH CAROLINA
1301 -G- C?
° or'K - DRAWN BY: BCK DRAWING
1 "°° SITE PLAN
SCALE: 1'100' I
LOT 45
13.142 ACRES
LLJ
ct
O?
J ?
0
?`rl
i?
ROADWAY
EXPANSION
CULVERT B
cl?
CULVERT C Q

ROADWAY
EXPANSION

-AA

/ EXISTING
ROADWAY
NEW CULVERT
FOOTPRINT
CONSTRUCTION /
AREA
25' or Les

/ EXISTING 48
CULVERT

0
a

T
p
0 ?
CULVERT C a
Q?
REVISIONS SHIELD PROJECT#1060127-01
REV. DATE COMMENTS DATE: 08121/06 WATERFRONT GROUP
0 8121106 PERMIT SUBMITTAL PROJECTMGR: KAA HEARTWOOD FOREST PROJECT
ENGINEERING, INC. DESIGNED BY: BCK CALDWELL COUNTY, NORTH CAROLINA
4-T¢r TC? no
oo Qo LKn DRAWN BY: BCK DRAWING
m?3.e"3 DETAILS
m.?waoeeF
SCALE: NTS 7
5' ?R LESS
s aM BED F`aDDED CUL VERT LEN
G TH
18
EXISTING ROAD SURFACE
5
EXISTING CULVERT
COMPACTED BASE
CULVERT CROSS SECTION
NTS
TYPICAL
NOTE: STREAM BED INVERT AND CULVERT INLET AT SAME ELEVATION FOR EACH CULVERT
REVISIONS
REV. DATE COMMENTS
0 8114106 PERMIT SUBMITTAL
SHIELD
ENGINEERING, INC.
4701 TAGGART CREEK ROAD
CHARLOTTE, NC 7820
7047946913
704.394.6968 FAX
P@129WRO
AUG 2 5 x006
YY11p?„r?gri x Iwga7Tt9???i ?q?qFF???6FtFfLi}??L, uu
??alkry????3yg ?IM 1?aH1"?? E!1?t:?tl
Ta1060123 -01
DATE:
DATE: 08/14106 WATERFRONT GROUP
PROJECT MGR: KAA HEARTWOOD FOREST PROJECT
DESIGNED BY: gCK CALDWELL COUNTY, NORTH CAROLINA
DRAWN BY: g TYPICAL CULVERT DETAILS DRAWING
SCALE:
N 3
T
R L n
dkdo
ENGINEERING, INC.
September 27, 2006
Ms. Cyndi Karloy
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center,
Raleigh, North Carolina 27699-1650
RE: Request For More Information Letter/401 Permitting
Heartwood Forest Development, Caldwell County
Waterfront Group
Shield Project No. 1060123-01
Dear Ms. Karoly,
(?cl? C)
O6-
Regarding the additional information requested in the Request for More Information letter dated
August 29, 2006:
Water Quality Certification, I Processing, Item 2 - Nationwide Permit 39
A copy of the issued ACOE Nationwide Permit 39 for the Heartwood Forest Development, Action
ID SAW-2006-40676-314 is attached. Thanks.
Sincerely,
SHIELD ENGINEERING, INC.
'b" C -V.--
Brian C. Keane, PE
Project Engineer
WW D
SEP 2 8 2006
Attachments UENi? *A =Ft QUALITY
'NEiL,,1mSAiluSTU,WWAIe;2' V4CH
Cc: Kevin Barnett, DWQ Asheville Regulatory Field Office
H:\Projects\2006\1060123-01 Heartwood Forest\404 & 401 Perin itting\Correspondence\401 Information Request.doc
4301 Taggart Creek Road Telephone [phone]
Charlotte, NC 28208 www.shieldengineering.com Fax [phone]
n
?L
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. C) lD _ 13q O
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 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 herea DWF.
II. Applicant Information [M D
SEP 2 8 2006
1. Owner/Applicant Information
Name: Larry Bra DENR - WATER QUALITY
*Bb MWATVHRANCF
Mailing Address: 17505 West Catawba Ave, Suite 350, Cornelius, 280
Telephone Number: 704 896-5880 Fax Number: 704 896-2967
E-mail Address: LBragg_nwaterfrontgrn.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Shield Engineering, Inc.
Company Affiliation: -
Mailing Address: 4301 Taggart Creek Road, Charlotte, NC 28208
Telephone Number: 704 394-6913 Fax Number: 704 394-6968
E-mail Address: BKeane0a
,Shield En ing eering.com
Page 5 of 13
O u - 1390
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. SAW-2006-40676-314 County: Caldwell USGS Quad: Collettsville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Larry Bragg
Address: 17505 West Catawba Ave., Suite 350
Cornelius, North Carolina 280.31
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): Heartwood Forest
development located on a 513 acre tract in the vicinity of SR 1307; northwest of Collettsville
Description of projects area and activity: Replace/upgrade 5 existing culverted road crossings which
are part of a roadway that will serve a residential development. The protect will result In 125 LF of
impacts to unnamed tributaries to the Johns River.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions, those conditions outlined in the enclosed NCWRC letter, and your submitted
plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWT
to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration
date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all new and/or modified terms and
conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or
revoke a case specific activity's authorization under and NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the pemmittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x224.
Corps Regulatory Official Steve Chapin Date: September 25, 2006
Expiration Date of Verification: March 18, 2007
Copy Furnished:
Shield Engineering (Brian C. Keane), 4301 Taggart Creek Road, Charlotte, NC 28208
Office Use Only: Form Version March 05
20061390
USACIJ Action ID No. D`VQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
i
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
X 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
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 L--
11. Applicant Information
D
AUG 2 5 2006
1. Owner/Applicant Information
DENit • WATCk
Name: Larry Bragg ??E
Mailing Address: 17505 West Catawba Ave Suite 350, Cornelius, NC 2V Al Al 11!y
Telephone Number: 704 896-5880 Fax Number: 704 896-2967
E-mail Address: LBragg a waterfront ?rp.coIn
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: Shield Etngineerinl* Inc.
Company Affiliation:
Mailing Address: 4301 Taggart Creek Road Charlotte NC 28208
Telephone Number: 704 394-6913 Fax Number: 704 394-6968
E-mail Address: BKeanenShield Engineering com
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Heartwood Forest
2. T.I.P. Project Number or State Project Number (NCDOT Only)
N/A
3. Property Identification Number (Tax PIN): 9W16312
4. Location
County: Caldwell Nearest Town: Collettsville
Subdivision name (include phase/lot number): Heartwood Forest
Directions to site (include road numbers/names, landmarks, etc.): From Lenoir, take SR 90
through Collettsville; Turn left onto SR 1307 (less than 1 KM to the West of Collettsville)
and proceed approximately 2 KM, project entrance on left.
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): 3556.62 ON 81 42.08 °W
6. Property size (acres): 513
7. Name of nearest receiving body of water: Johns River
8. River Basin: Catawba
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.nc.us/adniin/neaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is a former logging site with a series of logging
roads throuehout the nronertv which cross various perennial streams via 5 culverts. The
current logging roads are to be utilized for the residential subdivision. These logging roads
are being improved for residential traffic, to include expansion of the road width. In order to
Page 6 of 13
expand the road width the current culverts need to be extended. Additionally, several of the
culverts have deteriorated and require replacement.
10. Describe the overall project in detail, including the type of equipment to be used:-
Approximately 40 private residential lots will be sold. The infrastructure improvements
include roadway and entrance improvements.
11. Explain the purpose of the proposed work: To replace the existhw culverts with culverts of
the same diameter and extended len,,th totaling no more than 125 linear feet (25-ft per
culvert)
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. Logging
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream charmels 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
Page 7 of 13
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: The impact of the project
involves the extension and/or replacement of culverts in 5 perennial streams
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 arately list impacts due to both structure and flooding.
Wetland Impact

Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain

( es/no) Distance to
Nearest
Stream

(linear feet) Area of
Impact
(acres)
Culvert A Excavation/Fill Forested Yes 0 .0025
Culvert B Excavation/Fill Forested Yes 0 .0025
Culvert C Excavation/Fill Forested Yes 0 .0025
Culvert D Excavation/Fill Forested Yes 0 .0025
Culvert E Excavation/Fill Forested Yes 0 .0025

Total Wetland Impact (acres) .0125
3. List the total acreage (estimated) of all existing wetlands on the property: 4.0
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
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Culvert A Not Named Excavation/Fill P 3 25 .002
Culvert B Not Named Excavation/Fill P 3 25 .002
Culvert C Not Named Excavation/Fill P 3 25 .002
Culvert D Not Named Excavation/Fill P 3 25 .002
Culvert E Not Named Excavation/Fill P 3 25 .002

Total Stream Impact (by length and acreage) 125 .01
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact Name of Waterbody Type of Impact Type of Waterbody Area of
Site Number (if applicable) (lake, pond, estuary, sound, bay, Impact
Page 8 of 13
(indicate on ma) ocean, etc.) (acres)
N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .01
Wetland Impact (acres): .0125
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) .0225
Total Stream Impact (linear feet): 125
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes X 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.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: 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. The existing site consists of
loaaina roads in mountainous terrain. Due to the steepness of the terrain and the lack of feasible
means for vehicular traffic to access the property, the current logging roads will provide the only
access to and within the subdivision. In order to improve the logging roads for residential use,
the roads require widening to safely accommodate residential traffic and for proper storm water
management The current diameter sizing of the culverts is adequate, However, initial
Page 9 of 13
placement repeated usaie of the logginy, roads by heavy equipment and vehicles and natural
deterioration over time have damaged several of the culverts. The intent of this permit request is
to obtain permission to replace the 5 culverts in the perennial streams with culverts of similar
diameter and extended length in order to widen the subdivision road.
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
littp://h2o.enr.state.ne.us/ncwctlands/strin?,ide.litm1.
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.
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
Page 10 of 13
additional information regarding the application process for the NCEEP, check the NCEEP
website at littp://li2o.enr.state.nc.us/wrp/index.litm. 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No X
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 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No X
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
I 3 (2 for Catawba)
Page I 1 of 13
* Zone l 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 213 .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. The current impervious acreage (approximately
21 acres versus 513 of pervious area) consists of a series of logging roads throughout the project
area Additional impervious area will be added by widening and improving the logging roads, to
include extension/replacement of culverts Storm water management consists of grassed/lined
drainage channels along the roadways to associated storm water culverts.
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.
Sewage treatment/disposal will consist of septic systems and will be the responsibility of the
individual homeowners.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1.0500) or any Buffer Rules?
Yes ? No X
Is this an after-the-fact permit application? Yes ? No X
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.ne.us/ncwetlands. If no, please provide a short narrative description:
Additional impacts may occur. The lots may be developed by future respective buyers.
Page 12 of 13
YV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing; that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

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

?z
Heartwood Forest Project -
Extension/Replacement
Heartwood Forest Project - Logging Road Example 2
44
Heartwood Forest Project - Culvert B Entrance
Heartwood Forest Project - Culvert Extension/Replacement
Heartwood Forest Project - Culvert Extension/Replacement
Heartwood Forest Project - Culvert B Entrance
I V4

a4 r? yj ,? }?? -

Heartwood Forest Project - Culvert D Entrance
Heartwood Forest Project - Culvert Extension/Replacement
Heartwood Forest Project - Culvert D Outfall
Klilb :-,-. 4 f :s ''• i'' ' t •?•r , t ? - ' -?
' ?t
4
j -.,•,. ' (ter ?'- il. py?y
r _
,
i ,
ARTW?D
U
H-E
%
FOREST R. R,
I
.
PRO JE C `
%
H N-
---
F y?yn -
77
4-1
4•
' _• ?7 : ' ,... his ?c !- "'.? ?l '5,,.+r ..
e
%
1
_ _ 7 • 4 t,
rarM
.. .,
,
rr = •--fir- •. - ' °'.°•.. `. . ! J 7'.f=l . s - r "'' '
. • t •...._ •. ?-' _. is ?c .- _:,.. a ? ,a? . _ .S ?T 3 - i {_--v _
'* i r t i{ 4 - ' s " : 4 ? -•'? 4l v 110
.
LLE
N
r
,per ?' •
lp FS.
,} 4
lrr _
!Y fir,
SHIELD PROJECT#:1060123-01 WATERFRONT GROUP
PROJECT BOUNDARY DATE: 08/14/06 HEARTWOOD FOREST PROJECT
FORMER LOGGING QUA ENGINEERING, INC.
QUADRANGLE LGCATIUI 4301 TAGGARTCREEKROAD PROJECT MGR: KAA CALDWELL COUNTY, NORTH CAROLINA
ROAD CHARLOTTE. NC 28208
• CULVERT LOCATIONS COL=SVILLE, NC X43 DRAWN BY: BCK
SCALE: NTS SITE VICINITY MAP
"WICTS13006\10601IJ 01 H10111101 111111111F 111GMIAI DPAy'INGUTVEN 4 0 I
70.056 AcRES
?y
Y ^
?? l J
r
c LOT 48
r- / m 70.064 ACRES
fTl .\ I Z
LOT 36'?•,
7 0.2 7 9 ACRES"PROPERTY BOUNC
LOT 47
10.008 ACRE ?•?
LOT 37 j LOT 46
7 0.89 7 ACRES 10.315 ACRES
o ?
LOT 38
7 0.052 ACRES \'`•?% c
% <
O ?2 --??- '?? ?• <
m
LOT 39 ''•?.? -+ X
7 0. 7 63 ACRES'. > Q
? C >>
? \ z°C
no -f QD
o r,
Z
? ?' ? • pin ?-?7
it _
N
o?
- o NO
I, o x
?1 \\' N O Rl D z
n G7 ?
O
mah A i C
p Q)
v j D
C
mo '? ? ? ?+1
K ? ? o
<Am? ?N o
O,
?rn U? '{ nN J
rp,
o (??
Z C 00 - n U D (O? F--
0? t7t
z ;o z
4m Nj
>oc
;a
D -I v) \ /
0

JA
ROADWAY
EXPANSION

/ EXISTING
ROADWAY
NEW CULVERT
FOOTPRINT
CONSTRUCTION 7--,
AREA
25' or Les?? EXISTING 48

CULVERT
CULVERT
T
C
F@[Ruwgo
s 6 zoos
AUG . -i
It T?' p';p sT//???RxpUn?(I(??iTryryY ?!}?
?TY!!Y:u!:1?- r'%Ah4iW,
Islo T97001 WATERFRONT GROUP
COMMENTS DATE:
DATE: 08/218RII0h
PERMIT SUBMITTAL SHIELD PRaECTAICR: xAA HEARTWOOD FOREST PROJECT
ENGINEERING, INC. DESIGNED BY: BCx CALDWELL COUNTY, NORTH CAROLINA
?b r--cam
" 0° ' NC- DRAWN BY: BCN DRAWING
DETAILS
2
25' OR LESS
s AM BeD FIOADDED EL VERr LENGTH
18
EXISTING ROAD SURFACE
5
EXISTING CULVERT
OMPACTED BASE
CULVERT CROSS SECTION - TYPICAL
NTS
R C2@ 12 0dL2 p
D
AUG 2 6 ?006
T?zc?"'M
NOTE: STREAM BED INVERT AND CULVERT INLET AT SAME ELEVATION FOR EACH CULVERT
REVISIONS PROJECTp1060123.01

REV.
DATE
COMMENTS
? SHIELD
DATE: Ds»vob WATERFRONT GROUP
0 8/14/06 PERMIT SUBMITTAL w, PROJECT MGR: NAA HEARTWOOD FOREST PROJECT
ENGINEERING, INC. CALDWELL COUNTY
NORTH CAROLINA
DESIGNEDBY: BCN ,
4301 TAGGART CREEK ROAD
CHARLOTTE, NC 28208
DRAWN BY: BCN
DRAWING
704-3946968FAx TYPICAL CULVERT DETAILS
w«wshield-ginee .co. SCALE: NTS 3
?QF W ATF9 Michael F. Easley, Governor
\O? OG William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p -? Alan W. Klimek, P.E. Director
Division of Water Quality
August 29, 2006
DWQ Project # 06-1390
Caldwell County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Larry Bragg
17505 West Catawba Ave
Suite 350
Cornelius, North Carolina 28031
Subject Property: Heartwood Forest
Nationwide Permitting Information
® REQUEST FOR MORE INFORMATION
RETURN OF APPLICATION PACKAGE
Dear Mr. Bragg:
On August 25, the Division of Water Quality (DWQ) received your application dated August 17, 2006 for
the above referenced project. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact protected wetlands and/or streams on the subject property.
Therefore, unless we receive five copies of the additional information requested below, we will have to
move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on
hold as incomplete until we receive this additional information. Please provide the following information
so that we may continue to review your project.
Additional Information Requested:
® Water Quality Certification, See I. Processing, Item 2.. Please state which Permit
(Nationwide, Regional or General) number you intend to use. Please contact the U.S. Army
Corps of Engineers in the Asheville Regional Office to determine which permit you will need
to apply for to perform your proposed activity, and apprise DWQ of this information. See I
Processing, Item 2 (page 5 of 12).
? DWQ requires the name of an individual shown as "Owner/Applicant" to set up the project.
? The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last
page of application. (Agent's signature is valid only if an authorization letter from applicant is
provided).
? Water Body information not stated. See III Project Information, Item 7.
? Lack of permitting fee. Please note that beginning January 1, 1999, the N.C. General
Assembly passed legislation requiring payment of a fee for all 401 applications. The fee for
NOne Carolina
401 Oversight/Express Review Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr,statc.nc.us/ncwctfands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/] 0% Post Consumer Paper
applications is $200 for projects impacting less than an acre of wetland and less than 150
linear feet of streams. For projects impacting one or more acres of wetland or 150 or more
feet of streams, the fee is $475.
? Incorrect permitting fee. Please see above item. Your check # for $ is
herein enclosed.
? A request for a modification of an issued permit requires re-submission of five (5) application
sets and appropriate fee. We have herein returned your modification request.
? Application was missing pages or sections of information. See Other section below.
OTHER:
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact this office in writing and
Kevin Barnett of the DWQ Asheville Regional Office. If we do not hear from you within three weeks,
we will assume that you no longer want to pursue this project and we will consider the project as
withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Ian McMillan or Ms. Cyndi Karoly at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Since
1
Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ljd U
cc: Shield Engineering, Inc., Brian Keane, 4301 Taggart Creek Rd., Charlotte, NC 28208
Kevin Barnett, DWQ Asheville Regional Office
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 06-1390Hea rtwoodForest(Caldwell)_Hold_NW #
DWQ 06-1390 Heartwood Forest
Subject: DWQ 06-1390 Heartwood Forest
From: Laurie Dennison <[e-mail]>
Date: Tue, 29 Aug 2006 11:22:57 -0400
To: [e-mail], [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being
forwarded to you electronically so that you may expedite preparation of your
response. Please do not send your response as a reply to this e-mail or via fax.
The hard copy is being sent via US Mail. All response correspondence is to be
mailed via hard copy to the 401 Oversight and Express Permits Unit, 2321 Crabtree
Blvd., Raleigh, NC, 27604 unless otherwise noted.
Content-Type: application/msword
061390Heart`voodForest(Caldwcll)_Hold_NW Content-Encoding: base64
1 of 1 8/29/2006 11:23 AM
'R, /7, n
ENGINEERING, INC.
20061390
August 23, 2006
Mr. Steve Chapin
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Ave, Rm 208
Asheville, North Carolina 28801-5006 f]?j
?D
Subject: Heartwood Forest Development AUG - D
404 Permit/401 Cerification Application 5 X006
t,ZTL?'j3H • wgrck
AVASPgr{ yQtALp
Dear Mr. Chapin:
Enclosed you will find the Pre-Construction Notification Application Form for the Heartwood
Forest Development located in Caldwell County, North Carolina. The purpose of the application
is to request permission to replace 5 culverts initially place as part of a logging road in the project
area. The intent is to replace these culverts with culverts of equal diameter, but increase the
length by no more than 25 feet in order to expand the existing roadway for residential traffic.
There will be approximately 40 ten-acre lots in the project area, 19 of which will be serviced by
this road.
Should you have any questions or comments regarding application, please do not hesitate to
contact us at [phone].
Respectfully,
SHIELD ENGINEERING, INC.
Brian C. Keane, P.E. Keith A. Anthony, P.E.
Project Engineer Chief Engineer
ATTACHMENT
CC: NC DWQ Raleigh Office, Kevin Barnett, David McHenry
%C i
r r.doc
4301 Taggart CrVeA'Ft'115gs\2006\1060123-01 I Icartwood Porest\404 & 401 PcrmittingWCOE Co
Telephone [phone]
Charlotte, NC 28208 www.shieldengineering.com Fax [phone]
V-4909W 031716
SHIELD ENGINEERING, INC. 031716 V PLEASE DETACH AND RETAIN FOR YOUR RECORDS
KEANEB 08/16/2006 102148 200.00
* Total 200.00