20051745 Ver 1_Complete File_20050915

ATF
October 10, 2005
Mr. Kevin Barnett, Environmental Chemist
Division of Water Quality
North Carolina Department of Environmental and Natural Resources
2090 U.S. 70 Highway
Swarinanoa, NC 28778 _
Subject: DWQ Project # 05 -1745
Kenmure, Phase V
Dear Mr. Barnett:
As a follow-up to our telephone conversation on October 4, 2005, we do not want to
pursue this project and withdraw our application. We are changing our plans and design.
Thank you for your time and help.
Sincerely,
H. Lee King
Kenmure Properties, Ltd.
HLK:tnb
Cc: JMs. Cyndi Karoly, DWQ Wetlands / 401 Unit
Ms. Rebekah Newton, USACE
Lq
G'A .?
I ; ANCH
Mffy
,BRANCH
KENMURE PROPERTIES, LTD. - 10 KENMURE DRIVE - FLAT ROCK, NORTH CAROLINA 28731 -828/693.8481
Michael F. Easley, Governor
William G. Ross Jr., ent and Natural Resources
North Carolina Department of Environm
Alan W. Klimek, P.E. Director
Division of Water Quality
September 30, 2005
DWQ Project # 05-1745
Jackson County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED :7002 0=60 0001
9599 102
Lee King
Kenmure Subdivision
100 Clubhouse Drive
Flat Rock, NC 28731
Subject Property: Kenmure, Phase V
Henderson County
REQUEST FOR MORE INFORMATION
Dear Mr. King:
? ?-? g 2005
WADER QUALITY
?E
?TIANS AND ST4RMWATER BR?H
On August 31, 2005, the Division of Water Quality (DWQ) received your application to im act
130, linear feet of streams as part of Phase V of the Kenmure subdivision. The DW has
determined that your application was incomplete and/or provided inaccurate inform
discussed below. The DWQ will require additional information in order to process on our
application to impact protected wetlands and/or streams on the subject property. Therefore
unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will lace this project
hold as incomplete until we receive this additional information. Please provide the following
information so that we may continue to review your project. g
Additional Information Requested:
1. Project Information
Under Section III., Item 9. of your submitted application, you indicate that the site
conditions as "woody," yet this is phase 5 of a residential subdivision. Your application
needs to include a more detailed breakdown of the existing land uses in the area.
2. Proposed Impacts
Under Section III., Item 10. of your submitted application, you indicate that the overall
project (in detail) is to install a 130 linear foot culvert in a "wet weather ditch." As the US
401 Wetlands Certification Unit NorthCarolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Nlltl n l&
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/n wetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Kerunure, Phase V
Page2 of 3
September 30, 2005
Army Corps of Engineers has determined that this area is a jurisdictional stream (RE:
USACE Project 200531753, Dated August 6, 2005), This stream in not a "wet weather
ditch." Additionally, there is no discussion, nor any detail, provided about the culvert
installation. You must include a discussion in regards to headwalls, energy dissipation, and
installation details (along with the appropriate, typical, engineered drawings) as part of your
application.
3. Prior Project History
Under Section IV., of your submitted application, you have indicated that the Prior Project
History is "N/A" indicating it is not applicable. As Certification Condition number 4. under
which you have requested this authorization be issued states that "proposed fill, flooding or
substantial modification of greater than or equal to 150 linear feet (45.7_ meters) cumulative
impact on all streams for a project" (as required by 15A NCAC 02H .0506 (b) (4)) you
must enumerate all impacts which have occurred during the development of this project
(Kenmure Subdivision) and all mitigation performed to offset these impacts in your
submitted application.
4. Future Project Plans
Under Section V. of your submitted application, you have indicated that the future project
plans for this subdivision in "N/A." As required by 15A NCAC 02H .0506 (b) (4), the
Division opf Water Quality must take into account future development within the
community as part of its mission to protect surface waters. A thoughtful description as to
all future plans for this development, and all undeveloped lands within this development
must be provided as part of your application.
5. List All Perennial and Intermittent Stream Impacts
Under Section VI, Item 3. of your submitted application, you have indicated the impacts
will be to 1,000 FT stream. There is no such stream listed within the Classifications List,
nor indicated on the attached map. You must indicate the USGS stream name, or identify it
as a unnamed tributary to a USGS named-stream as part of your application.
6. Impact Justification (Avoidance and Minimization)
Under Section VII of your application you did not provide a "justification" for the impacts
as requested within this section. You must provide detail as to the reasons that these
impacts are unavoidable in order for this office to continue its review of the submitted
package.
wF
7. Mitigation
Kenmure, Phase V
Page3 of 3
September 30, 2005
Section VIII. requires a mitigation plan for the proposed impacts and any other unmitigated
impacts once your impacts for the entire development exceeds 150 linear feet of stream. As
this development has been under construction for quite some time, and other stream impacts
have been documented onsite, a mitigation plan for all impacts must be developed and
submitted along with the Project History requested above.
8. Stormwater
Under Section XI. of your submitted application, there is no discussion as to how
stormwater will be dealt with in relation to this project (either during the construction
phase, or for the life of the development). A thoughtful discussion as to how stormwater
will be managed for the life of this.project must be submitted.
9. General Water Quality Certifications for this type of development are reserved for those
with impacts less than 300 linear feet of impact. Sould your cumulative impact be greater
than 300 linear feet, this project is not subject to authorization under a General
Certification.
Please respond within ten (10) business days of the date of this letter by sending this information
to me in writing and Cyndi Karoly of the DWQ 401 / Wetlands Certification Unit. If we do not
hear from you within ten (10) days of the issuance day of this letter, 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 ,me at 828-296-4657if you have any
questions regarding or would like to set up a meeting to discuss this matter.
Sincerely
Kevin H. Barnett, Environmental Chemist
Asheville Regional Office.
khb
cc: Kevin Barnett, DWQ Asheville Regional Office
Cyndi Karoly, DWQ Wetlands / 401 Unit
USACE Asheville Regulatory Field Office
File Copy
Central Files
Filename: 05-1745.KenmurePhaseV Subdivision.Add-Info
Triage Check List
Date: 09/ l 9/05
To:
Kevin Barnett, Asheville Regional Office
Project Name: Kenmure Phase V
DWQ #:05-1745
County: Henderson
Ex ?`
F"m I L
60-day Processing Time: 9/15/05 to 11/13/05
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination. and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
Jon H. Laughter, P.E.
U.S. ARMY CORPS OF ENGINEERS 2 0. 0 5 1 7 4 5
WILMINGTON DISTRICT
Action ID. 200531753 County: Henderson USGS
ty: Quad: Zirconia
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Lee King
Address: Kenmure Properties PP. ?,?FYl EP?J
100 Clubhouse Drive
EI,`." a !'? r t r
Flat Rock, North Carolina 28731 i, -, E! V' E
Telephone No.: 828-693-8481
Size and location of property (water body, road name/number, town, etc.): The project site is located off
Pinnacle Peak Lane in the Kenmure Subdivision near Flat Rock, in Henderson County, North
Carolina.
Description of projects area and activity: This permit authorizes approximately 130 linear feet of
stream impacts on an unnamed tributary to Freeman Creek associated with the installation of a
road crossing to provide access to residential building lots. Previously issued permit 200330170
issued to Mr. Lee King authorized 72 linear feet of stream impacts on an unnamed tributary to
Freeman Creek. Cummulative impacts for this proiect total 202 linear feet.
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 and Special conditions, the attached June 29, 2005 North Carolina Wildlife Resources
Commission conditions, 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 will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. 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 requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
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.
-2-
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Rebekah L: Newton at 828-271-7980.
Corps Regulatory Official Rebekah L. Newton Date: August 6, 2005
Expiration Date of Verification: March 18, 2007
Determination of Jurisdiction:
Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued Action ID
Basis of Jurisdictional Determination: Wetlands: n/a.
Waters: The unnamed tributary flows to Freeman Creek, which is a tributary to the Green River. The
Green River is a tributary to the Broad River, which is a navigable in fact water.
Corps Regulatory Official: Rebekah L. Newton
Date August 6, 2005
Enclosures
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
"Jon Laughter
Laughter, Austin & Associates
131 Fourth Avenue East
Hendersonville, North Carolina 28792
KEN M Q V--k-,-
Z'S' n5
J - I v5
! ? t rf
.6
i?
R fi
\N A
{^.
Q

Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
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 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.us ace. army.mil/wetlands/Perm gpp.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.u.sace.an-ny.mil/wetlands/index.htin, 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
regulation 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 determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) 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 GC. Applicants lacking access to the internet 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) prior to submittal of the application.
Page 1 of 12
Coastal Area Management Act (LAMA) 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 Permits - 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
hq://www.saw.usace.army.mil/wetlands/nwpfinalFedReg.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 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands 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 http://h2o.ehnr.state.ne.us/newetlands/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 401 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 Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell cDowell Swain
US Army Corps of Engineers Alleghany Catawba Henderson cklenburg Transylvania
151 Patton Avenue Ashe Cherokee Iredell itchell Union
Room 208 Avery Clay Jackson Polk Watauga
Asheville; NC 28801-5006 Buncombe Cleveland Lincoln Rowan Yancey v ;-
Telephone: [phone] Burke Gaston Macon Rutherford
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
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lerioir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan Natio nal Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret . . Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Historic Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
US Fish and Wildlife Service / National Marin e Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Tr out Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3 855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee ` Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
\? J
)?_ 4
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES I - 4.
Page 4of12
P YM EN
FIEVED
0.5, 1Z5
J t J
Office Use Only: Form Version May 2002
20051745
USACE Action ID No. DWQ No.
(1t 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:
g --Section 404 Permit ? Riparian or Watershed Buffer Rules
Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 7
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is.proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
II.
D R @ R PER
nh
1. Owner/Applicant Information AUG- 3 1 2005
Name: E - ??; IV G
Mailing Address:
O O C. ( t> 6 ?, a v t ?? 1? e WETLWs AND STOfiMyygT g q
Telephone Number: (32 18 (oq 3 _ Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: J o #.a L. Ay ca t-% 1't ?L
Company Affiliation: o G ?-1 T E %Z., Ay S t i S s c c 4 m J
Mailing Address: 1? 1 4- or 11 & ; F S A S !J
c2A d. P e -to n v ,i ' t I e . #-J C -L?th 7 z
Telephone Number: Fax Number: e) Z S to 1 i Sp • $ $ z Z
E-mail Address: L e Q "g e s o u .r
@1?GJL
N-
Page 5 of 12 ?E 15 2005
! r ?,,+?g+t?r ax1"< k '?? Ft,E
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:? N V ?? ?? 4? S AE _?-
2. T.I.P. Project Number or State?roj ect Number .(NCDOT Only):
3. Property Identification Number (Tax PIN): q 'S 7 (v IS 2 2 6 7-
4. Location
County: ?Ae A cr
! e arS o ., Nearest Town: ???'?- d c.
Subdivision name (include phase/lot number): K EK M y ct a HA S tr ?!-
Directions to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lat/Long): 3 5 14-'• 14-. lj3 7, . Z !o ?- S 7. u
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
I(o! A - c
7. Nearest body of water (stream/river/sound/ocean/lake): V IV 1Z-
8. River Basin: 6$ r e r A 9. % y eV1_
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing. conditions on the site and general land use in the vicinity of the project
at the time of this application: L&I o b d e d
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be J-11
11. Explain the purpose of the proposed work: Ge &s -t-JM. V CT Fa 44 D
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.
0(*6v
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provid2UIS tifi cation for the exclusion of this work from the current application.
rNr
VI. . Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts:
evtoQ t? 4fi4. t30
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain** '
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of W-2-7a ::d*'
?d D.Z.rA 5r'Ar0 ^5 QL.
900 'r

* List each impact separately and identity temporary impacts. impacts include, but are not irmitea to: mecnanizea cieanng, gracing, nu,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed: d
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
I u Lv 12 t" 13 o l o d O fit'

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., wNyw.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
1 -1? O 51-
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately ana iaentity temporary impacts. impacts incluae, out are nuL 111111MU w. 1111, c.&La.vaLiuii, ui?,ur,ii16,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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
techniques to be followed during construction to reduce impacts.
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 Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htt-p://h2o.enr.state.nc.us/newetlands/stn-ngide.htinl.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a. plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/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 (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No [r
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 R
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional- Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify . )?
Yes ? No ,PL<, 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
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
Zone 1 extends out 3U teet perpendicular trom near bank of channel; Gone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund).. Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed . in order to protect surface waters and wetlands
downstream from the property.
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.
r.1,? ? ?t 5 c t-? ?• K- ? F"
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No (f]'
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional) :
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
'RE 41 SE'o Sep r- /O, Z 0 0 x
r
X. t I
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
1 _ .? rte. s
s
F5 ?i"i.3yin .? ? { ? r -'ry Imo` .1'c z „•
F
>.a s
r
t +
c. +
z ,z J'L? 0 0
/
Fit.
4
r •'
?FP ?L 4?'"-r`"`*,•'t a!!+--`'^-.,? 'fit
TY1
t !i
'isrr s 11 - .

If t
?y
f
Y lip . F
, F

t
-
Ii .c"` FS
-
?'t•zi i ? 'f '?'
s? '?`y ? it
r -

s s , i

C
L
CF,
r
J
Q
J
?..,.., • ?? i
IPs 18254 0.70 AC
S 1851
50 115 t4law
0.99 AC.
253 255 891 2 9
1.13 AC. S s188(7,0
0-9V AC. 1 57 8 1
184
1886 1.28 AC. 0.00 AC.
7777
1852 \
1863 ` 853
492 IP
1.27 AC. \-
IPS 5? 1855 \\ \ /
cif
J
2489 2487 00000
Y J ?'s? ?tght
263 257
2498 S 1.29 AC.
1.32 AC.
J a'
AC rA (? •6
V'rv / I
262 49 I
1.20 AC I I 52507
At RO. We 258
24971 S / 1.09 AC.
261
2.72 AC.

m00m
72.39
Of-190
Of-9.$O
S
??? I S 2496
I S 2505 259
1.29 AC.
260
4.09 AC.
L
PRELIMINARY
NOT FOR RECORD
0?2?9 1" = 150
i
0

_ v? V W
y?p? q ?y.^3N
d .: AON
N ^_ ` v NN p?
a
W) ? N
N "K
N m'K ?'K
W h N a
N
W N ? w?
W
V I N' `Q•?
be
NN I p cu cu
'K AM
f N NN
??.
qr, N N
W
Li
'K 'K
mV n / Q NN . I
m O ? ? ?: N
CID
l? N N
?'K
? v
N } ? V N
0 ?'K
H ? I N H ci
W
.
'K
??? ? N NOa N t?
?J y
tiK
'K 'K
'o
Na NN
o v ? ti
N
L5^ N N K
m
o. t ti
N a cu
/ Q N
? y
J Nh
1
`a 'K
` cv N? ^-K U U
p
\? ?• N o N p J 1 -__
Q SO' O.W
Ci
w e ?'
~ N O ^ 'K
V- 'V[ 'VC N N C??
N p N ? t^ a ?'K
o p Na N?
1
Q b
LU 1
`L
cr-
Q v
tt O
O
N
L?
V

? Q Q 5 1 7 5
U.S. ARMY CORPS OF ENGINEERS 4
WILMINGTON DISTRICT
Action ID. 200531753 County: Henderson USGS Quad: Zirconia
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Lee King
Address: Kenmure Properties
100 Clubhouse Drive ; ,
Flat Rock, North Carolina 28731 RECEIVED
Telephone No.: 828-693-8481
Size and location of property (water body, road name/number, town, etc.): The project site is located off
Pinnacle Peak Lane in the Kenmure Subdivision near Flat Rock_ in Henderson County, North
Carolina.
Description of projects area and activity: This permit authorizes approximately 130 linear feet of
stream impacts on an unnamed tributary to Freeman Creek associated with the installation of a
road crossing to provide access to residential building lots. Previously issued permit 200330170
issued to Mr. Lee King authorized 72 linear feet of stream impacts on an unnamed tributary to
Freeman Creek. Cummulative impacts for this project total 202 linear feet.
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 and Special conditions, the attached June 29, 2005 North Carolina Wildlife Resources
Commission conditions, 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 will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. 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 requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract toxommence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
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.
V
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Rebekah L. Newton at 828-271-7980.
Corps Regulatory Official Rebekah L. Newton Date: August 6, 2005
Expiration Date of Verification: March 18, 2007
Determination of Jurisdiction:
FJ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless
there is a change in the law or our published regulations, this determination may be relied upon for a period not
to exceed five years from the date of this notification.
? There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _. Action ID
Basis of Jurisdictional Determination: Wetlands: n/a.
Waters: The unnamed tributary flows to Freeman Creek, which is a tributarv to the Green River. The
Green River is a tributarv to the Broad River, which is a navigable in fact water.
Corps. Regulatory Official: _ Rebekah L. Newton
Date August 6, 2005
Enclosures
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
on Laughter
Laughter, Austin & Associates
131 Fourth Avenue East
Hendersonville, North Carolina 28792
e? Q
OS
Coffin 4- t, .
41-z'5/0-5

n.
L
^C
Q
Pre-Construction Notification (PCN) Application Form

For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
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 401
Water Quality Certification. The USACE Individual Permit application form is available online at
htlp://www.saw.usace.army.mil/wetlands/Perm-app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use -of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.anny.mil/wetlands/index.htin, 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
regulation 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 determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
httU://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules 'are applicable. The
applicant is also advised to read the full text of the General Certification (GC) 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 GC. Applicants lacking access. to the internet 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) prior to submittal of the application.
\N A
Page 1 of 12
Coastal Area Management Act (LAMA) 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 Permits - 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
http://Nvww.saw.usace.army.mil/wetlands/nwpfinalFedReg.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 Water Quality Certification or Buffer Rules. - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands 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 htti)://h2o.ehn.r.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 401 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 -Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Caldwell cDowell
US Army Corps of Engineers Alleghany Catawba Henderson cklenburg
151 Patton Avenue Ashe Cherokee Iredell itchell
Room 208 Avery Clay Jackson Polk
Asheville, NC 28801-5006 Buncombe Cleveland Lincoln Rowan
Telephone: [phone] Burke Gaston Macon Rutherford
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
Raleigh, NC 27615 Davie Halifax Randolph Wilkes
Telephone: [phone] Durham Johnston Rockingham Wilson
Fax: [phone] Edgecombe Lee Stokes Yadkin
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret . Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
US Fis]
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
Pitt
Tyrrell
Washington
Wayne
Swain
Transylvania
Union
Watauga
Yancey '-
*Croatan National Forest Only
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
h and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service National Marine Fisheries Service
Asheville Field Office Habitat Conservation Division
160 Zillicoa Street Pivers Island
Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone]
Page 3 of 12
CAMA and NC Coastal Counties
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
Hertford Pasquotank
Hyde Pender
New Hanover Perquimans
Onslow Tyrrell
Pamlico. Washington
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, NC 27284-9180
Telephone: [phone]
Mountain Region Coordinator
20830 Great Smoky Mtn. Expressway
Waynesville, NC 28786
Telephone: [phone]
Fax: [phone]
?v
NCWRC and NC Trout Counties
Alleghany Caldwell
Ashe Mitchell
Avery Stokes
Burke Surry
Buncombe Henderson
Cherokee `-Jackson
Clay Macon
Graham Madison
Haywood McDowell
Watauga
Wilkes
Polk
Rutherford
Swain
Transylvania
Yancey
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1 - 4.
Page 4 of 12
05,125
IJ 'w
r
Office Use Only: Form Version May 2002
2 0 5 1 4 5
O ?
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Jt,_CL /E
1'k D
1. Check all of the approval(s) requested for this project:
Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: :f2?
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is.proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed oa page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
S
219@imoyfi?
on
1. Owner/Applicant Information A U G 3 1 2005
Name: L. E: L-: N
Mailing Address:
100. C,(%.>6 k e leS e De- t?@ WETLANDS AND STORIWwATER BRAND
9 L &A ?d c. Ir.... Nl C. t 1B -7 3 /
Telephone Number: -(3Z 8 to q 3 . $ 4 $1 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: . ) o x.) L. AL) G t-i rt IL
Company Affiliation: L A LJ G t-1 T E. 9-, S t i oi ?A S S.a! r
Mailing Address: Q- or N ?!!, v A S
.}=Ad & r so ? v e 11 ? ? ?` ?$ ? Ft
Telephone Number: Fax Number: g Z '? (o 3 • $ 5% 2
E-mail Address: L. 4 e ?.k s e u
SEP , r 2005 Page 5 of 12
J

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: -Ke lJ M V ?-e pK A 51E
_
2. T.I.P. Project Number or State Project Number.(NCDOT Only):
3. Property Identification Number (Tax PIN)
q'57Co IS 27- 6 Z.
4. Location
County: ?Ae A of e t S-u"t Nearest Town: -r IcJ V. d G
Subdivision name (include phase/lot number): ,K E" M y a. fs Q!-! S "-
Directions to site (include road numbers, landmarks, etc.):
A^ a C_ C P re. L
5. Site coordinates, if available (UTM or Lat/Long): 3 S;° 14-' - /I.'% Ae ZA, Z (01- S 7. V it
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres):
1(o! A- c
7. Nearest body of water (stream/river/sound/ocean/lake): r cc' •e 1Z % v IV If-
8. River Basin: 6? r e e^ t?. v e
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing. conditions on the site and general land use in the vicinity of the project
at the time of this application: UJo b CA e c l
Page 6of12
r
10. Describe the overall project in detail, including the type of equipment to be used:
A s ? ? k k cut -'r 9- ., Gj.?4 w -ecz tt-, f .i-
11. Explain the purpose of the proposed work: Ge, As - ie- V CT PO A D
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.
0lA
i
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. . Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
s-
1. Provide a written description of the proposed impacts:
v y e 4,& e-+
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
?o D.'2 ? st?s•?QL,
900 Pt'

* 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 are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.ferna.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(pleasespecify)
1 COLVEIL. T 13 0' 1 00

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
* 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
Nvww.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol)ozone.coni,
www.mapyuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site. 1 O 57-
Page 8 of 12

4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the. method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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
techniques to be followed during construction to reduce impacts.
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 Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USAGE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
htt-P:Hh2o.enx.state.nc.us/ncwetlands/stn-ngide.htlnl.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/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 (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No [
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
. Yes ? No '-T
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map; whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional- Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify . )?
Yes ? No LN-31 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
(square feet) Multiplier Required
Mitigation
l 3
2 1.5
Total
Gone 1 extends out 3U teet perpendicular trom near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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.
XII.
Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed-. in order to protect surface waters and wetlands
downstream from the property.
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.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
"Yes ? No 10
Is this an after-the-fact permit application?
Yes ? No X
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for - these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
'r zoaS
REVtsElzp SILFPr /0
, 2 w, Zoo s
-2 e
K A`- k
J 100"
XJ
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
•
a
1 = 1 :
e t}
L w
- s
Myr
00
Ilk,
03
y { ;}'gib +•:wr 1 ?t" ? ? i _ ,,rrY n'°e•°?,? ? {_?.a?'! ? +. q? « + - r f
f %? 'CST- ? ., •°?a• j('t S?jF a"ka.L-?( ? .?..° "?' •-c - J
llk
Ile-
rry§
a
. )!}3 s.<-`??s•.a,..FS,.n-off{}? _ • -?'.?. ?? .. ?°.. _ ? { ? { t?.. a ? °?g. .x+"'c'. 4
yg txs ^t
?.:. F
[ f
.... .-
t!.
17 fj17 '` f 771
t . A C
T `
00 •'k
'y E
m
+.'
't ?.
'alt .F ? i .T? .??FJ: i ? ?'. '? •,q? + - ..:..", + + ? : + ? -
1 ?
r
Tie t ? ??°!.? ± ? R n"1i } ?.7.j? '.? ?•• f •f
k- t
N J.,
tom.. ?? ? ? 1 ; ?W f ?A•
's•"°'a--mac. f -N i.} ? L •?rr ... ?? ?a?
{
COP
M - _ e

U
2
6
A
Z

I S 1850 1859 S 15254 \ 0.78 AC
??' 253 0.93 AC' 255. 891

0.83 AC.
1.13 AC
S 2 9
1857 8s8v,o1
184

Z56 56

- -+=-
--? 3
886
1.28 AC. 0.60 AC.
1852IPSIPS

iN 1663
492 IP 85`
264
1
27 AC
. 54 /
IPS
?... ..... / X1855\\\ /oe
• 2489 2487
?0 ZAr j Xtr??"9l`
263 / 257
2498 S 1.23 AC. J /?. 1.3Z AC.
65

7 AC ?J

6
(? / I
? O ?
262 49
I
1.20 AC l
.1Alr 9W. W.
258 I 2507
24971 S l 1.03 AC.

/ 494
S
S r
259
1.29 AC.
261
2.72 AC.
260
4.09 AC.
o G
2496
Moo
72.39
04-190
04-990

L
D. Z
PRELIMINARY
NOT FOR RECORD
042M 1' = 150

w
.. a
m m \
Pmt
N n ?? Ny N
N Y
m \ N
?CD 'K 'K
NO NN
ti
A. n
OD
to 'K oOY' ? Li
h ® ° -? a o O "C
m ,n^
in
tC\ 'K
Win
e / Q NN oIK
N
m ?
m ?
V!
03
?'K
I NM P
..m N
Na
O r` r
ti 'K
1 D] N
?\ \?Q7d. ? ?, Noa N N
1-09
a N
N
0 N
N
N
\\\ Y"? "V ? ' N
f
/W / V NN N /N h
? e a ti
/ N off.
i /m y ?'K
J "z
a v 'K J
too No t
Na
H1 o a?no? .011 J ?--
Q U a
e e `.
m
N ?` N?
Hm ^"K ^-K
u NX
Ni$ h ?o'
C h
Z o
C
? O
O
n. Z
7
i?
Q
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 2, 2005
Henderson County
CERTIFIED MAIL
Laughter, Austin and Associates
Attn: Jon Laughter
131 Fourth Avenue East
Hendersonville, NC 28792
Subject: Incomplete Application
Dear Mr. Laughter:
On August 31, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on behalf
of Lee King for a 401 Water Quality Certification in Henderson County, North Carolina. Your application
package is being returned to you. The submitted application failed to supply the Nationwide, Regional or General
Permit Number Requested (see I. 2. under Processing). The USACE would have dictated the permit type to
request. In addition, DWQ requires a total of five (5) complete application sets and associated maps in order to
initiate the review process.
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 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. In order for DWQ to begin review and process your request, you must send a check in
the appropriate amount made payable to the N.C. Division of Water Quality. Your check is being returned 'since
an incorrect payment amount was received with the package.
If you have any questions regarding this letter please do not hesitate to call me at [phone].
Sincerely,
Cyndi Karoly
Enclosure: PCN Application
Check # 23922 for $200
CBK/lj d
cc: Lee King, 100 Clubhouse Dr., Flat Rock, NC 28731
File copy
Lee King (Henderson) Retu Incomplete Appl_Sets_Ck
NWE
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htlp:/fh2o.ena•.state.nc.ustncwetlands)
Customer Service #: 1-877-623-6748
KENMURE PROPERTIES, LTD. .023922
NORTH CAROLINA DIV. OF WATER INVOICE NUMBER DDATE AMOUNT DISCOUNT
QUALITY APPLIC FEE 8/23/2005 $400.00 400.00
8123/2005
DENR - WATER QUALITY
---CHECK NUMBER WETLQjM0.STftwA*i8w,
23922
Sub Total $400.00
WC/GL Insurance Withheld $0.00
Total $400.00
Negative. Amounts Are Credits Applied On This Payment
11'02392211' 40S 3 1003001: SG I 13S G? 6 2118
KENMURE PROPERTIES, LTD. 028g 91
UNT
INVOICE ?? • 61SCOUNT NET •
Application Fee 9/9/05 200.00
7 mil •?
ry?
G
(T
?CHECK NUMBER
023991 "?