20050703 Ver 1_Complete File_20050423

\ybtlJG)rc..
0( Y"
_. I
> -
;:; ;.".=,.~,..,..,~,':'oi -i
\.-";;':~'"
'.~~

William G. Ross k. Secretary
North Carolina Dcpartmcnt of Environment and Natural Resources

Alan W, Klimek. P.E. Director
Division ofWatcrQuality

May 10, 2005

DWQ Project # 05-0703
Avery County

Anthony S. DiSanti
Hardyston Management Company
925 South Federal Highway
Suite 715
Boca Raton, FL 33432

Subject Property: Bear Run at Banner Elk
Elk River, Avery County

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. DiSanti:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 80 feet of streams for the purpose of
providing property access at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 25, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3366, 3374, and 3402 (GC3366, GC3374, and
GC3402). The Certification(s) allows you to use Nationwide Permit(s) 12, 33, and 39
when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge, buffer and stormwater regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

Om ,
NpJlhCarohna
r/vntllrall!/

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]/lnternet httD:/Ih2oenrstate,ncus/ncwetlands

An Equal Opportunity/Affirmative Action Employer- 50% Recycled/l0% Post Consumer Paper

ra::,C~Ull
May 10,2005:

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:

Stream
Stream

Plan Location or Reference

Stream

20 feet)

UT to Elk River for Culvert
UT to Elk River for Utility
Crossin
Elk River for Tem . crossin

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina. Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.

ragc..::J VI I
May 10,2005:

4. No Sediment & Erosion Control Measures win Wetlands or Waters

Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flaw 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 of any and all buffer, wetland or water boundaries and along the
construction corridor within these boundaries approved under this authorization
shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities.

8. Temporary Access Corridor(s)

The proposed access corridor(s) must be the minimum width required to get the
construction equipment to the shoreline and shall not exceed 20 feet in width.
The access corridor(s) should cross the buffer as close to perpendicular as
practicable and disturbance to existing vegetation should be minimized.

t'uge'+ ur I
May 10,2005:

9. Turbidity Standard

The turbidity standard of 10 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.

10. No Impacts Beyond those in Application

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.

11. No Sediment and Erosion Control Measures in Wetlands or Streams

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 or locally delegated program has released the project.

12. Construction Stormwater Permit NCG01 0000

Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h20.enr.state.nc.us/su/FormsDocuments.htm.

ri;lg~ -' U1 I
May 10.2005:

13. Trout Moratorium

The stream is a Class 8 Trout Waters. In order to protect downstream uses for
Class 8 Trout Waters a requirement of this Certification is that any additional
work conducted within the stream may not occur between the dates of October
15 through April 15.

14. Deed Restrictions

Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
preservation against 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. A sample deed restriction can be downloaded from the 401NVetJands
Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample
deed restriction may be modified as appropriate to suit to this project.

15. Temporary Fills

All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,
planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
. (except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.

16. 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.

t'age D or I
May 10,2005:

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.

Installation of culverts in wetlands must ensure continuity of water movement and
be designed to adequately accommodate high water or flood conditions.

17.Sewer Systems

The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State,
Federal and local sewer system regulations.

18.Notification of Construction

The applicant and/or authorized agent shall contact the DWQ Express Review
Program in writing at the letterhead address within 10 days of the commencement
of construction.

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 9401
Certification has been completed. The responsible party shall complete the attached
form and return it to the 401NVetlands 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.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

.. US"" Vi ,

May 10,2005:

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either [e-mail] or at 828-296-4657.

Sincerely,

#)Ll C. ~ c4~<b~J"'

Alan W. Klimek, P.E.

AWK/khb

Enclosures: GC 3366, 3374, and 3402
Certificate of Completion

cc: Gary Wood, McGill Associates
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filename: 05-0703. BearRunatBannerElk.A very.Approval

~

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

May 10, 2005

DWQ Project # 05-0703
Avery County

Anthony S. DiSanti
Hardyston Management Company
925 South Federal Highway
Suite 715
Boca Raton, FL 33432

Subject Property: Bear Run at Banner Elk
Elk River, Avery County

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. DiSanti:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 80 feet of streams for the purpose of
providing property access at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on April 25, 2005. After reviewing
your application, we have decided that the impacts are covered by General Water
Quality Certification Number(s) 3366, 3374, and 3402 (GC3366, GC3374, and
GC3402). The Certification(s) allows you to use Nationwide Permit(s) 12, 33, and 39
when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge, buffer and stormwater regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.

This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

1. Impacts Approved

N~nnhCaroJina
Ivall/rall!!

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]/lnternel: http://h2o,enr,state.nc,us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Ir

Hardyston Management Company:
Page 2 of?
May 10, 2005:

The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:

Amount Approved (Units) Plan Location or Reference
Stream 50 feet UT to Elk River for Culvert
Stream 10 feet UT to Elk River for Utility CrossinQ
Stream 20 feet Elk River for Temp. crossing

2. Erosion & Sediment Control Practices

Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:

a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.

3. No Waste, Spoil, Solids, or Fill of Any Kind

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas ~eyond 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.

4. No Sediment & Erosion Control Measures wIn 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

Hardyston Management Company:
Page 3 of?
May 10, 2005:

natural grade restored within six months of the date that the Division of Land
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.

6. Diffuse Flow

All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before discharging into a stream. If this is not
possible, it may be necessary to provide stormwater facilities that are considered
to remove nitrogen. This may require additional approval from this Office.

7. Protective Fencing

The outside of any and all buffer, wetland or water boundaries and along the
construction corridor within these boundaries approved under this authorization
shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer,
wetland or water prior to any land disturbing activities.

8. Temporary Access Corridor(s)

The proposed access corridor(s) must be the minimum width required to get the
construction equipment to the shoreline and shall not exceed 20 feet in width.
The access corridor(s) should cross the buffer as close to perpendicular as
practicable and disturbance to existing vegetation should be minimized.

9. Turbidity Standard

The turbidity standard of 10 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.

10. No Impacts Beyond those in Application

No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best

Hardyston Management Company:
Page 4 of7
May 10,2005:

Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.

11. No Sediment and Erosion Control Measures in Wetlands or Streams

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 or locally delegated program has released the project.

12. Construction Stormwater Permit NCG010000

Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http://h20.enr.state.nc.us/su/FormsDocuments.htm.

13. Trout Moratorium

The stream is a Class B Trout Waters. In order to protect downstream uses for
Class B Trout Waters a requirement of this Certification is that any additional
work conducted within the stream may not occur between the dates of October
15 through April 15.

14. Deed Restrictions

Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
preservation against 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. A sample deed restriction can be downloaded from the 401/Wetlands
Unit web site at http://h20.enr.state.nc.us/ncwetlands. The text of the sample
deed restriction may be modified as appropriate to suit to this project.

15. Temporary Fills

All temporary fill and culverts shall be removed and the impacted area returned
to the original grade, including each stream's original cross sectional dimensions,

.

Hardyston Management Company:
Page 5 of?
May 10, 2005:

planform pattern, and longitudinal bed and bed profile after construction is
complete or within 6 months of the establishment of the crossing, which ever is
sooner, and the various sites shall be stabilized with natural woody vegetation
(except for the maintenance areas of permanent utility crossings) and restored to
prevent erosion. If the crossings are not completely removed and restored as
described above within the specified time above, additional written approval from
this Office must be obtained to modify this condition.

16. 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.

Installation of culverts in wetlands must ensure continuity of water movement and
be designed to adequately accommodate high water or flood conditions.

17.Sewer Systems

The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State,
Federal and local sewer system regulations.

18.Notification of Construction

The applicant and/or authorized agent shall contact the DWQ Express Review
Program in writing at the letterhead address within 10 days of the commencement
of construction.

f

Hardyston Management Company:
Page 6 of?
May 10, 2005:

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 9401
Certification has been completed. The responsible party shall complete the attached
form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon
completion of the project. Please send photographs upstream and downstream of each
culvert site to document correct installation along with the Certificate of Completion
form.

Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized. by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at either [e-mail] or at 828-296-4657.

Sincerely,

Alan W. Klimek, P.E.

AWK/khb

Enclosures: GC 3366,3374, and 3402
Certificate of Completion

cc: Gary Wood, McGill Associates
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files

Filenam e: 05-0703,BearRunatBannerElk,A very ,Approval

Triage Check List

Kevin Barnett, Asheville Regional Office

Project Name: Bear Run at Banner Ell\:
DWQ#: 05-0703
County: Avery

Date: 4/27/05

To: 60-day Processing Time: 4/25/05 to 6/23/05

.. .J __J ,~.j . j .'.j j

From: Cyndi Karoly Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

o Stream length impacted
o Stream determination
O Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimizationlavoidance issues
o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill
O Mitigation Ratios
Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application meetings?
Cumulati ve impact concern
o
o
o

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!

050703

m fC!0 'Sil\\.l7f7;l.,~ @
1.5 \~;:;d .-:!. . I I i:2 D
.--~ U I.:;::)

APR 2 5 2005

" /

. ...<

, I

j'.. DENR - WA TEH QUALITY
IEllArIDS N~D STORMIYATER BRANCH

.'

. ".'.-c";
. ~ ~1

Pre-Construction Notification (PCN) Application Form

For Scction 404 andlor Scction 10 Nationwidc, Rcgional and Gcncral Pcrmits, Scction 401
Gencral Watcr Quality Ccrtifications, and Riparian Buffcr and Watcrshcd Buffcr Rulcs

This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 40 I
Water Quality Certification. The USACE Individual Permit application form is available online at
, http://www.saw.usace.army.millwetlands/Permapp.htm.

The USACE is the lead regulatory agency. To review the requirements for thc use of Nationwide,
Regional or Gcneral permits, and to determine which permit applics to your project, please go to the
USACE website at http://www.saw.usace.arnw.millwctlands/regtour.htm. or contact one of the field
offices listed on page 3 of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
rcgulation of wetlands and waters of the U.S.

The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determincd by the USACE.
Applicants are encouraged to visit DWQ's 40 1 IWetlands Unit website at
http://h2o.cnr.state.nc.us/ncwetlands to read about current rcquirements for the 401 Water Quality
Certification Program and to determine whethcr or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (Ge) matching the specific 404
Permit requested. In some cases, written approval for General Certifications is not required, provided
that the applicant adheres to all conditions of the Oc. Applicants lacking access to the internct should
contact DWQ's Central Office in Raleigh at [phone].

Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on page 4 of this application).

Page] of 12

Coastal Area Management Act (CAMA) Coordination - If the project occurs in any of North Carolina's
twenty coastal counties (listed on page 4) the applicant should contact the North Carolina Division of
Coastal Management (DCM). DCM will determine whether or not the project is within a designated
Area of Environmental Concern, in which case DCM will act as the lead permitting agency. In such
cases, DCM will require a CAMA Permit and will coordinate the 404/401 Permits.

The applicant may also choose to coordinate with the United States Fish and Wildlife Service to ensure
that the proposed project will have no impact upon any endangered or threatened species or critical
habitat as regulated by the Endangered Species Act, and the State Historic Preservation Office, North
Carolina Department of Cultural Resources to ensure that the proposed project will have no impact upon
any properties listed or eligible for listing on the National Register of Historic Places. Compliance with
these regulations is required to be eligible for any Department of the Army permit. The addresses for
both agencies are listed on page 3 of this application.

USACE Pcrmits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office. Upon receipt of an application, the
USACE will determine if the application is complete as soon as possible, not to exceed 30 days. This
PCN form is designed for the convenience of the applicant to address information needs for all USACE
Nationwide, Regional or General permits, as well as information required for State authorizations,
certifications, and coordination. Fully providing the information requested on this form will result in a
complete application for any of the USACE Nationwide, Regional or General permits. To review the
minimum amount of information that must be provided for a complete PCN for each USACE
Nationwide permit, see Condition 13, 65 Fed. Reg. 12893 (March 9, 2000), available at
httn:llwww.saw.usace.armv.millwetlands/nwpfinaIFedReg.pdf. Processing times vary by permit and
begin once the application has been determined to be complete. Please contact the appropriate
regulatory field office for specific answers to permit processing periods.

401 Watcr Quality Ccrtification or Buffer Rulcs - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit scvcn collated copies of all USACE
Permit materials to the Division of Water Quality, 40llWetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at httn:llh2o.ehnr.state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 40 I Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.

Page 2 of 12

US Army Corps Of Enginccrs Ficld Officcs and County Covcrage
Ashevillc Regulatory Field Officc Alcxander Caldwell Haywood McDowell Swain
US Army Corps of Engineers Alleghany Catawba Hcnderson Mecklenburg Transylvania
151 Patton A venuc Ashe Cherokce lredcll Mitchell Union
Room 208 A very Clay Jackson Polk Watauga
Asheville, NC 28801-5006 Buncombe Clcveland Lincoln Rowan Yancey
Telephone: [phone] Burke Gaston Macon Ruthcrford
Fax: [phone] Cabarrus Graham Madison Stanley
Raleigh Regulatory Field Office Alamance Franklin Nash Surry
US Army Corps Of Engineers Caswell Forsyth Northampton Vance
6508 Falls of the Neuse Road Chatham Granville Orange Wake
Suite 120 Davidson Guilford Person Warren
Ralcigh, NC 27615 Davic Halifax Randolph Wilkcs
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgccombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Joncs Pitt
US Army Corps Of Engineers Bcrtie Dare Lenoir Tyrrell
Post Officc Box 1000 Camdcn Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Tclephone: [phone] Chowan Hcrtford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engincers Bladen Harnctt Pender
Post Officc Box 1890 Brunswick Hokc Richmond
Wilmington, NC 28402-1890 Carterct Montgomery Robeson
Tclcphone: [phone] Columbus Moorc Sampson
Fax: [phone] Cumberland Ncw Hanover Scotland

North Carolina State Agcncics

Division of Water Quality
401 Wctlands Unit
1650 Mail Scrvice Ccnter
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]

Division of Water Quality
Wetlands Rcstoration Program
1619 Mail Service Ccntcr
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]

State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Ccnter
Ralcigh, NC 27699-4617
Telephonc: [phone]
Fax: [phone]

US Fish and Wildlife Service / National Marine Fisherics Service

US Fish and Wildlife Service
Ralcigh Field Office
Post Office Box 33726
Ralcigh, NC 27636-3726
Telcphonc: [phone]

US Fish and Wildlifc Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]

Pagc 3 of 12

National Marine Fisheries Service
Habitat Conservation Division
Pivcrs Island
Beaufort, NC 28516
Telephone: [phone]

Division of Coastal Management
1638 Mail Scrvicc Center
Ralcigh, NC 27699-1638
Tclcphone: [phone]
Fax: [phone]

Western Piedmont Region Coordinator
3855 ldlewild Road
Kcrncrsville, NC 27284-9180
Telephone: [phone]

Mountain Region Coordinator
20830 Grcat Smoky Mtn. Expressway
Waynesville, NC 28786
Tclcphone: [phone]
Fax: [phone]

CAMA and NC Coastal Counties

Beaufort
Bertie
Brunswick
Camden
Carteret

Chowan
Craven
Currituck
Dare
Gates

NCWRC and NC Trout Counties

Alleghany
Ashe
A very
. Burke

Buncombe
Cherokce
Clay
Graham
Haywood

Caldwcll
Mitchell
Stokcs
Surry

Henderson
Jackson
Macon
Madison
McDowell

Hcrtford
Hyde
New Hanovcr
Onslow
Pamlico

Watauga
Wilkes

Polk
Ruthcrford
Swain
Transylvania
Yancey

Pasquotank
Pendcr
Perquimans
Tyrrell
Washington

APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.

Page 4 of 12

ffi)~@f~n\V7~ fn\
lI\\ Lf?1 ~. t~. I.J If] ,~
APR 2 G 2005

J; -l.,,'..~; \-' E:LJ

Office Use Only:

DENR. WATEH QUALITY
WETLANDS Nm STORMWATER BHANCtl

Form Version October 2001

USACE Action In No.

D\VQ No.

05070~;

If any particular item is not applicable to this project, please enter "Not Applicable" or "NI A" rather than
leaving the space blank.

I. Processing

I. Check all of the approval(s) requested for this project:
~ Section 404 Permit
D Section 10 Permit
~ 401 Water Quality Certification
D Riparian or Watershed Buffer Rules

2. Nationwide, Regional or General Permit Number(s) Requested: 12, 33, and 39

3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: D

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: D

II. Applicant Information

1. Ownerl Applicant Information
Name: Hardvston Management Company
Mailing Address: 925 South Federal Highway Suite 715
Boca Raton. FL 33432

Telephone Number: 561-368-5545
E-mail Address:

Fax Number:

2. Agent 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:
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

Page 5 of 12

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: Bear Run at Banner Elk

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN):

4. Location
County: Avery Nearest Town: Banner Elk
Subdivision name (include phasellot number):
Directions to site (include road numbers, landmarks, etc: approximatelv 1.25 miles South of
Banner Elk and approximately 0.3 mile south of the intersection ofNC 184 and route 1337.

5. Site coordinates, if available (UTM or Lat/Long): NI A
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)

6. Describe the existing land use or condition of the site at the time of this application:
Wooded and partially cleared

7. Property size (acres): 23.756 Acres

8. Nearest body of water (streamlriverlsound/oceanllake): Elk River

9. River Basin: WataU{!a
(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/.)

Page 6 of 12

10. Describe the purpose of the proposed work: Will be construct twenty-four (24) single
family condominiums and fortv-five (45) single family homes

11. List the type of equipment to be used to construct the project: Backhoe, Bulldozer, Road
grader, Front-end Loader, Dump Trucks

12. Describe the land use in the vicinity of this project: Residential. Commercial, Farminll and
industrial.

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.

N.A.

V. Future Project Plans

Are any future pernlit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N.A.

VI. Proposed Impacts to Waters of the United States/Waters of the State

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.

1. Wetland Impacts

Page 7 of 12

Wetland Impact Area of Located within Distance to
Site Number Type ofImpact* Impact 100-year Floodplain** Nearest Stream Type ofWetland***
(indicate on map) (acres) (yes/no) (linear feet)
N.A.

*

List each impact separately and identify temporary impacts. 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.
100-Year floodplains arc identified through the Federal Emergency Management Agency's (FErv1A) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps, Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hltn://www,fcma.cov.
List a wetland type that best describes wetland to be impacted (e,g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)

**

***

List the total acreage (estimated) of existing wetlands on the property: 0
Total area of wetland impact proposed: 0

2. Stream Impacts, including all intermittent and perennial streams

Stream Impact Length of A verage Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intennittent?
(indicate on map) (linear feet) Before Impact (p]ease specify)
I
Culvert 50' UT to Elk River 8' Perennial
2 Sanitary Sewer ]0' UT to Elk River 8' Perennial
Crossing
3 Temporal)' 20' Elk River 20' Perennial
Bridge

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, dnd net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gab ions, ctc.), excavation, ditching/straightening, ete, If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps, If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows, USGS maps are available through the USGS at 1-800-358-9616, or online at
www,uses,cov, Several internet sites also allow direct download and printing of USGS maps (e.g" www.topozone,com,
ww\\',mapqucstcom, etc,).

*

Cumulative impacts (linear distance in feet) to all streams on site: 80'

Page 8 of]2

3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.

Open Water Impact Area of Name of Water body Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc,)
0

.

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.

4. 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): 0 uplands 0 stream 0 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.):

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
teclmiques to be followed during construction to reduce impacts.
To the greatest extent possible, crossings have been minimized. Culverts are as short as
possible and stream revisions are only proposed as seen necessarv to provide stable channel
adiacent to the proposed road embankment.

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.

Page 9 of 12

USACE - In accordance with the Final Notice of Iss~ance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.

If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Teclmical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state. nc. uslncwetl andsl strm ~i de. I1tm 1.

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 (acreagellinear 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 be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401lWetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h20.enr,state,nc,us/wm/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:

Amount of stream mitigation requested (linear feet):
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):

Page 10 of 12

IX. Environmental Documentation (DWQ Only)

Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?

Yes 0

No [2J

If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAlSEPA)?
Note: If you are not sure whether a NEP AlSEP A document is required, call the SEP A
coordinator at [phone] to review current thresholds for environmental documentation.
Yes 0 No 0

If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEP A or SEP A final approval letter.
Yes 0 No 0

X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.

Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes 0 No [2J If you answered "yes", provide the following information:

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 Mu]tiplier Required
(square feet) Mitigation
Tota]

*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone I.

Page] ] of ]2

If buffer mitigation is required, please discuss what type Of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.

XI. Stormwater (DWQ Only)

Describe impervious acreage (both eXIstmg and proposed) versus total acreage on the site.
Discuss storm water controls proposed in order to protect surface waters and wetlands
downstream from the property.
The total site is 23.756 acres all of which are pervious. We will be creating 3.6 acres of
impervious. The proposed site will have 3.6 acres of imperious and 20.156 acres of pervious.
Erosion control measures will be installed and maintained. VeQetation will be established as
soon as practical.

XII. Sewage Disposal (DWQ Only)

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.

XIII. Violations (DWQ Only)

Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 0 No [2J

Is this an after-the-fact permit application?
Yes 0 No [2J

XIV. Other Circumstances (Optional):

It is the applicant's responsibility to submit the application sufficiently in advan~e 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
(Agent's signature is valid onl

Date l.f... s-- o.r-
r . ation letter from the applicant is provided.)

Page ]2 of]2

\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\

HEADWALL
INV.=3670.00

36LF OF 60"RCP
@ 2.22% SLOPE

l

F2 HEADWALL
INV. 3670.80

---

-- .... ...

S 84'18

---

j

.

- --
--

---

- -

\ J \ 0
\ I \ co

"i\ ',,"-, - ==--J it"
, /\_\ ~J 11
\[ \ '
1", '
1,,[\\_mmmmmm- . !
~, \~\~3A~, \" ,

---

D ~

o

CD

PLAN
SCALE: 1"= 50'

M\ '~: , ", G"~' '.? 14, fit
," \;,. ffb.,,'~ ,"",. ~,'..~ ,',
,.' ,;.1 ~" "fl,.;

ASS 0 C I ATE S
't!'. ENGINEERING. PLANNING. FINANCE
55 BROAD STREET . ASHEVILLE. NC' PII. (704) ~52-0575

--~-
......
......
......
......
......
......

o

PLAN
SCALE: 1" = 50'

1
I
I
I
I
J
I
I
I
I
I
f

--

!'lIP

N 85"27'0

o

McGill

ASS 0 C I ATE S
ENGINEERING- PLANNING- FINANCE
55 BROAD STREET . ASHEVILLE. NC' PH. [phone]
I

S:

WATER QUALITY
AND OPERATIONS, I
DEED BOOK 365 PAGE 23

o
o
o

-1

!:t
~
N 9 -. O'OO"E 275.
'- 0
~_X-X-X--X-X-~
'J ~~ .
/ --- /

I
5/89'43'28 W
/
/
/
/
/ /
.....- /
TEMPORARY BRIDGE TO SPAN
RIV~R" UNTIL PERMANMENT
BRlbGE IS INSTALLED

",-
\

3670

o

CD

PLAN
SCALE: 1 "= 50'

cGill

ASS 0 C I ATE S
ENGINEERING - PLANNING - FINANCE
55 BROAD STREET . ASHEVILLE. NC' PH. [phone]

RESLOPE EXISTING STREAM BANK TO ORIGINAL
CONTOURS AND STABILIZE WITH NATIVE PLANT
SEED MIX PER EROSION CONTROL NOTES

NORMAL STREAM LEVEL

2' MAX.

J VARIES 6" - 12"

EXTEND RIPRAP A MINIMUM
OF 12" BELOW STREAM BED

STREAM BANK PROTECTION

(NO FERTILIZER TO BE USED WITHIN 10' OF BANK)

McGill

ASS 0 C I ATE S
ENGINEERING' PLANNING. FINANCE
55 BROAD STREET . ASHEVILLE. NC' PH. [phone]
I

BI

EXISTING CREEK

I

TEMPORARY PIPE
(SIZED TO CARRY NORMAL FLOW)

SAND BAG BERM

B~

II U1
Uf- W
C5 9 0::
g:~ :;

INSTALL PIPE UNDER
TEMPORARY PIPE
SAND BAG BERM

AL

PROPOSED
WA TER OR SEWER LINE

-TA

PLAN

SAND BAG BERM

TEMPORARY PIPE
(SIZED TO CARRY NORMAL FLOW)

p

/'NSTALL PIPE UNDER
TEMPORARY PIPE
\
q

SECTION AA

(MEDIUM CREEKS)

ENGINEERING. PLANNING. FINANCE
55 BROAD STREET . ASHEVILLE. NC' PH. [phone]

CREEK CROSSING

N

<v
<v
0~
0~
<v&
~~
,,(Q ~ ~
-1S~l;y <v ~
1'01' ^' CJ
lED

TOWN OF
BANNER ELK

."'" .",.... ,~_i'"'!" ;f':"

LOCATION OF
PROJECT

~
~~
CJC5
~
f
~
CJ"f

\,\~'t..
- <=-'?\<.~~
P ~

COUNTY

PROJECT LOCATION MAP

NOT TO SCALE

Q)
:0
.B
(3
u
:E

.:.::
Ui

...
Q)
c:
c:
C1l
co

....
C1l
c:
:::l
0::

...
C1l
Q)
co

-

-

-

-

<l:
U,
d
U,
(ry
N
<
0:
'c
to
co
~
~
"
a
~ >-
()"='
r-- cdi
I1l
-()
g 8-
:J ,_
0:0-
-

I--

- I--

<i
cL
~f-
ro
'0
o
<II
<II
<l:_
(3
u
:<

-

I--

I--
I--

I--

-

-

-

-

~
'0
I1l
C.
l1l
()
Q) -
ltJ C.
8 a:
['oj '0
~ ~
-5]
{:j :;
:<0:

:::;;;~.':;'::
:1t.~ ~.~ 0

;',lt~}~ ~
0:.k~.~~.~~ 0
f/~{~I~ 0
~I~fj~ 5
:~(f:/i ~
~I';!i~ ~

~k1';~ /Q~'~:;:~~ 0
'~:,: g,. : 9:'~ t2f ~
~~~~;;~.:::~ ~

.. .', ".." ,-
;'rn:,'::::';'~~?;':' lO
;~."Ig~,:'a:..',~ ~
~.t~~)'~i~;;~ ~

>
~~

o
co
:: <ri
o <0
0,,-
<'1
o
o
ai
<0
"-
<'1

0.:> c
o CJ ::
I- w 8

o
~~c.~
W ::J "-
<'1
o
c. :> 0
~~:3"~

<'1

~ rJ ClJ _ ~
(i..9- g- ~ 0
_~O-Ui ~~

<II
-0)
C .
.~ l~
I1l
:<

g:,-ro~
c:: :< 0:

~ tV =E,
2:ci~~~
<l: -'

8.~ZlO
c:: Vi - <'1

UOllUaluaa

i3 ['oj
ti 0
~ c::i

:i:

1:
CJ
E
0)
CJ
(f)
CJ
a.
c::~

o

'"
'"

o

o

::.::
o

<0
.:j

['oj
['oj
N
<'1

"-
"-
N
['oj

'<t
['oj
c::i
['oj

o
o
ai
o
"-
<'1
a
o
N
~
"-
<'1
o
ltJ
<ri
['oj
"-
<'1
o
ltJ
ai
['oj
"-
<'1

~
01
co
ai
~

['oj
o
d

0-
()
0:

co
co

to
<'1

Cii

N
CD

o

o

~

o

::.::
o

~
['oj

<'1
01
ai

['oj
N
<ri

<'1
l[)
u-i

o
l[)
<ri
Ol
<0
<'1
o
o
ai
01
to
<'1
o
ltJ
<Xi
Ol
<0
<'1
o
~
o
"-
<'1

~
o
o
u-i

['oj
o
d

0-
()
0:

o
'<t

o
<'1

u

N
()

o 0

N "
... ...

o 0

o 0

::.:: ::.::
o 0

<!:l
~

ltJ
~
~
~

ltJ
'<t
d
~

Ol
N
01

o
o

o
"-
<'1
o
~
'<j'
o
"-
<'1
o
~
['oj
o
"-
<'1
o
o
u-i
o
"-
<'1

~
<0
~
N

N
o
d

0-
()
0:

['oj
'<j'

<0
<'1

o

N
o

~
~

lli
N
~

OJ
C"i
~

<0
<'1
N
~

o
co
<Xi
<0
<0
<'1
o
~
~
"-
<0
<'1
o
o
d
"-
<0
<'1
o
o
C"i
"-
to
<'1

~
o
o
C"i

N
o
d

0-
()
0:

o
'<t

<0
<'1

~
uJ

N
uJ

'"
'"

o

o

o

::.::
o

....
N

<0
o
N
'<j'

l[)
<Xl
C"i
'<j'

<0
OJ
<Xi
<'1

o
o
d
"-
<0
<'1
o
o
C"i
"-
<0
<'1
o
<0
c::i
"-
<0
<'1
o
co
C"i
"-
<0
<'1

~
N
"!
N

N
o
d

0-
()
0:

<0
<'1

o
<0

~
u..

['oj
u..

o

o

o

N
"'

::.::
o

co
d

"-
~
N

<'1
<'1
N

"-
~
N

"-
<0
...:
<0
<0
<'1
"-
<!:l
~
"-
<0
<'1
o
N
<Xi
<0
<0
<'1
o
r--:
~
"-
to
<'1

~
['oj
~
~

N
o
c::i

0-
()
0:

N
l[)

'<j'
N

N
(9

<'1
(9

o

o

o

'"
'"

::.::
o

OJ
d

01
<!:l
N

Ol
<Xl
N

"-
~
N

"-
<0
u-i
to
to
<'1
"-
<0
...:
to
<0
<'1
"-
<0
...:
<0
<0
<'1
"-
<!:l
;:::
to
<'1

~
o
"!
~

N
o
c::i

0-
()
0:

<0
<0
~

'<j'
N

(9

N
(9

"

o

o

...
0>

::.::
o

~
~

o
~
C"i

Ol
Ol
d

co
co
d

o
o
<Xi
to
<0
<'1
o
o
d
"-
<0
<'1
o
l[)
ai
<0
<0
<'1
o
o
C"i
"-
<0
<'1

~
o
<!:l
~

N
o
d

0-
()
0:

'"
Ol

'<j'
N

~
:I:

N
:I:

o

o

o

N
"'

::.::
o

co
c::i

N
l[)
N

<'1
'<j'
c::i

co
<'1
d

ltJ
<Xl
N
to
<0
<'1
o
Ol
<ri
<0
<0
<'1
o
'<j'
C"i
<0
<0
<'1
o
Ol
<ri
<0
<0
<'1

~
to
~
~

N
o
d

0-
()
0:

N
III

'<j'
N

['oj
...,

<'1
...,

o

f~'

o

iO~
:N:i

o

..
_0
'..:t
..

N
...

,r,::'l
f5\
~.:.,~

::.::
o

OJ
d

ro
'0
I-

'"
"-
N

"-
~
~

'<j'
~
~

co
~
to
<0
<'1
co
o
C"i
to
<0
<'1
l[)
co
N
<0
<0
<'1
o
Ol
<ri
to
<0
<'1

...
ClJ
01
I1l
a.

~
l[)
['oj
.,...:1---

N
o
d

0-
()
0:

N
'"
~

'"
N

~
...,

N
...,

,... ".'E
'.::: 0
o Ll"l
, ~ ~
.."..,.0
~ '.:".:'" " 0 '
>c '. :. ~ Ll"l
Ln . 0 r-:
N ",'

'"
'"
N
N

'" N
N N
.n; to

N
N
to

\0 ~
6 ,,' ~
~ ~

~ (")
'c-? " (") ",
'~ N
1 '

\0
co
c-?
~

(")
(")
N
I

OJ OJ
co OJ
N ','ci

':j ., ~
ci

,
, "
~ ~ '':j ',' ~
ci ci ci ,.. ci

',' 'f4:1'~~,'~~~'1 N 'N N N' N " :'! I" N ~ ~ ,'" N' ." '",:
.' .~ r-: r-: r-: r-: r-: ,- r-: '. '" '" '" r-:
., ,:""lIelu!e~' I'",."I~ ,', ..,:' ';

.,.',..'.' aE,~ :~; ~ "0> . :.~t.~t;:~ P::;:;. .~ ~'" :~ G '~
,;...:..',,',0.:::: I[)I,,', ON'.,,: '...:::! ;N',col..."" ,'0,; '.;. '.'0",'" ';~"
.__ _:I:.;~.~, ..U '~I""" ...:0 ...... '..0 ;l~1 "'<: !C"1I.;:::.;, ,c:';l 2'.;~ ,N "" '. _;,., _ _.__,'.'.,. _

,', .,,' ", a I[) , .' ' , 'to ;,. 'co .': .. " I"~ ';::iC'}!
," :1[) ~ ;', ~..gJ,..::t? /', :o>r,'{;,"'~ ~ '~ ~
'. . , ,.0 Ll"l . ,,1 :", 'j'::. :N':;,.: 'co I".' .", ,
;~; ".:,~. ';..-,liX ~J: '.~!." :.c:l7'I'::. 's;,,' ;(")' ~:". '.>;. :.'2, .,,' .:=;1::, 0 .:~'. 0

'..'=~ :'cU"acE'co' ~' to',' '", ."co', ,', .'o>l""~:".en .'~ .'0 :'in ,"N
.....' 0::::"-1"('1..:;;1'::,: }o.l.::~' #c:,:> ,':6;.I,;,,:'p .... c.~ ;,;.' ,'!'!'I:',<cjC;:: ';:',LJ!
8 c. ,0 r-, I"N, i\"; c,~;; :i'i":::' ',; ',: I",' 'C)"'c :,?, ''is:,,?,

,', d; a co.' '1' ,.. 'cD ,," 'u-, cO", 'OJ " '~c; I[)" '1' \' 0), (")
'i. .....- "',I> (") ,... ..', to,' .~ :' . -;:;. ;.'::;0 ,~. ';~ " ~', (")
'''0..,;. "c.O,... N:.': N ,'1'I'.;".tO",..- ~ ,0;' 01...: 0:(.. ,0

; ",';;(~H/UI \: I,,' " "":' .,,1;', '::, ',. I;: ::, 'li,., .'.C': .,'.'..;;:,
: : >14, ISUGlUI ,;~,,) ,'1',', ",J ;.'1".. ,:<1',',';;: <Z;> ,1:<1'",: !;:, ;'1'," .,' "~:; ',::-r,',I),. .'''+
:<":u'eju!e~r~'> ~;.~, ;", '~,,:i~/'.:~:'::i~f>:, !i~:;';';"tO< ;~,I",. i':-' :::'~~.

i ."r...E N
., ".,.Y.~, :;;

.,;', ,,,
N ~
I'",.. 0 ci
'. '.'. .,' ",...':
,.'... N
:u "':0' E to
~ ,',.'...,'.:-.~,\~, :

i....' .,..
",;"..;'
,C' .......; '.'\
1<.".".,...' '"

I, ",.'(JH/UI
. '.',~ISU;)lUI ~

" ueiule~

"... " \0
>:oct ~
,..., ::,.";. '1'

'..", , '0'

'.".):';:~'0 g
?,~,.';>,:~.>:. ci

:()
:';__:,-".~'j, "C

':;".:}el g
,;;:!,~C\I ~

.. ''0
',.;
: ;".

j:;~':':~ b ~"., .-
: .',' ." /:';; : i.~.,

'. ,_'::,~V,

'-:"':':~J.I \0

,.'.' ,

-,;.:=:~-
'i.g>:~. ~
':"Ql',-

:--:.., :'6
'~ ~
". '" ""'.'

E N

:..:,.'..; at, <

:. c:
'Vi
Ol ~
ell

to
~
'<t

\0
to
N
~

(")
0>
N

to
~
~

to
~
..-

o
-.i

N
~
..-

o
o
lO
ci

o
o
o
(")
ci

(").
..-

1.0

CO
co

~
CO

N
ell

(")

\0 '. ~
'<t 0>
ci (")
~ ~

to
'1'
c-?

~
co
.n

lO
'1'
c-?

~
co
.n

(")
":
~

o
0>
N

(")
":
~

o
OJ
N

o
-.i

o
-.i

'1'
~
..-

N
'<t
N

o
o
lO
ci

o
o
lO
ci

o
o
o
(")
ci

o
o
o
(")
ci

\0

'1'

Ll"l

Ll"l

o
'1'

N
'1'

~
()

~
o

N
()

N
o

\0

'1'

(")
....
r-:

to
(")
-.i
N

(")
....
r-:

to
('1
'<t
N

to
co
c-?

CO
~
N
..-

to
co
c-?

CO
..-
N
~

o
-.i

o
-.i

N
~
(")

\0
~
ci
~

o
o
to
ci

o
o
lO
ci

o
o
o
(")
ci

o
o
o
(")
ci

....

CO

\0

\0

o
'1'

to
(")

~
W

~
u.

N
W

N
U.

'"

CO

o
('1
~

..-
to.

o
('1
~

~
(")
ci

\0
to
ci

o
co
ci

\0
to
ci

to
.-
ci

o
-.i

o
-.i

~
\0
ci

(")
~
ci

o
o
to
ci

o
o
lO
ci

o
o
o
(")
ci

o
o
o
(")
ci

0)

o
~
cri

\0

\0

N
\0

lO
lO
~

N
Cl

~
Cl

(")
Cl

N
Cl

0)

o
~

\0
Ll"l
ci

'<t
N
ci

\0
\0
ci

'1'
N
ci

CO
N
ci

N
..-
ci

CO
N
ci

N
..-
ci

o
-.i

~
'<t

(")
N
ci

o
~
ci

o
o
to
ci

o
o
lO
o

o
o
o
(")
ci

o
o
o
(")
ci

~
..-

N
~

Ll"l

\0

'1'
0)

N
Ll"l

~
J:

N
-,

N
J:

(")
-,

~
~

N
..-

\0
lO
ci

~
'<t
ci

N
(")
ci

o
N
ci

o
-.i

'"
~
ci

o
o
lO
ci

o
o
o
(")
ci

(")
~

N
~

\0

,S
E
:0=; LO
() a II
II LO
a 0 g
II
'0 -t .~
~ [ ~ ~
UJ ~ ~ c 'Vi
5 ~ a> 8 ~
-c:oc:c
b: 0 II 8 ....
:E rg '0 '0 ~
:JOC~Ql[:1I11
~~~E'iiioLOII
oct :J () i= IX ..- ~ ~

N
'1'
~

~
-,

N
-,

0:: N
10 ,...: 0::

(")
..-

McGILL ASSOCIATES. P.A.

NC Division of WQter QUQ1ity

Tr2fl # Ill'v'C:C'2

r;~,~,,~

36072 041905

Invoice

L,..::::' .::;

04/19/05 Boar Run DWQ Permit

;';'.,;~: c' rc ~l ,::~

C,r.;ck I~l:r;,r;(~r:

0,j~ '-.::

4/20/2005

Ct-ii:?CI: fl.""':.'::

i.~.ll.<Jnc-.:

;)i~:;count

$200,00

$0.00

~&@&llW&@

APR 2 6 2005
\''l:T! P'ENR . WAr"f>
1l:IlJIl~DSNiDS~ ';:, \ QUALITY
O/IMWATER f]FiAllCH

4 6 4 4[343
$200.00

Pay A~iourJt

$200.00