20052000 Ver 1_Complete File_20050111

?Q.W- AMichael F. Easley, Governor
William G. Ross Jr., Secretary
j [ North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of WatcrQuality
December 22, 2005
DWQ Project # 05-2000 Ver. 2
Rutherford County
Tom Hartzog and James Dunn
Buffalo Cove, LLC
311 Buffalo Creek Road
Lake Lure, NC 28746
Subject Property: Buffalo Cove Subdivision Modification
Buffalo Creek Road, Rutherford County
Approval of 401 Water Quality Certification with Additiona
Dear Mr. Hartzog and Dunn:
D
DEC 3'0 2005
V1ETLA S/WD 7UT4 AT RIERI? Gi
1 Conditions
You have our approval, in accordance with the attached conditions and. those listed
below, to place fill within or otherwise impact 298 linear feet of streams for the purpose
of property development at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on November 4, 2005. The
modification is for the corrected mitigation requirement. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use
Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, stormwater, and buffer 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 culverting and impounding activities described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy
of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr state.nc.us/ncwetlands
One
North Carolina
,1Valurally
An Equal Opportunity/Affirmative Action Employer- 50°. Recycled/10°o Post Consumer Paper
Buffalo Cove, LLC
Yage2 of 8
December 22, 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 rnet.
No other impacts are approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
UT to Buffalo Creek 40 (feet) Road Crossing
UT to Buffalo Creek 10 (feet) Dam Fill
UT to Buffalo Creek 248 (feet) Impounded Waters
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.
I
Buffalo Cove, LLC
Pa-3 of 8
December 22, 2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you wish to make a payment to the Wetlands
Restoration Fund administered by the-'NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. You have one
month from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the
Ecosystem Enhancement Program to meet the following compensatory
mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 110 (feet) BRD05 - 9-53-(5)
7. 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.
Buffalo Cove, LLC
Pa;e4 of8
December 22, 2005
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
9. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 213. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
10. No Sediment and Erosion Control Measures in Wetlands
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.
11. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http.-Ah2o.enr.state.nc.us/su/Forms Documents.htm.
J,
Buffalo Cove, LLC
Page5 of 8
December 22. 2005
12. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
13. 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.
14. 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.
Buffalo Cove, LLC
Pa;e6 of 8
December 22, 2005
15. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the streambank
associated with any land disturbing activity, repair, replacement and/or maintenance must be
done in a manner consistant with the Guidelines for Riparian Buffer Restoration
hnmediatelyfolloivina construction. (Please see attached.)
16. Culverts that are less than 48 inches in diameter should be installed with 20% of the
diameter of the culvert placed below the level of the stream bottom to allow the
accumulation of stream bed materials and to facilitate aquatic life passage during
periods of low stream flow. Larger diameter culverts should be placed 1 foot below
the stream bottom. Culverts should be placed in the main flow channel (i.e.
thalweg). Partial burial of culverts in this manner also may require increasing their
size to accommodate flow requirements.
17. If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill.
18. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
19. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
20. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams must not be constructed.
21.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
22.AII crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
23. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) should be reestablished upstream and
downstream of the stream crossings if it is removed during construction to provide
bank stability and shading. We encourage the use of native plants that must be
removed from permanently disturbed areas.
Buffalo Cove, LLC
Pagel of8
December 22, 2005
24.All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
25. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
26.The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
27.All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
28.Any Bottomless Culverts installed must span from high bank to high bank. The
digging of footers which change the flow of the stream, or otherwise impact the
natural course on the stream are prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
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.
Buffalo Cove, LLC
Page 8 of 8
December 22, 2005
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 Kevin. BarnettCcDncmail. net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3402
Certificate of Completion
cc: Ecosystem Enhancement Program
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-2000Ver2.BuffaloCove, LLC. approval
OF WATER
(DUG,
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
November 15, 2005
DWQ Project # 05-2000
Rutherford County
Tom Hartzog and James Dunn
Buffalo Cove, LLC
311 Buffalo Creek Road
Lake Lure, NC 28746
Subject Property: Buffalo Cove Subdivision
Buffalo Creek Road, Rutherford County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hartzog and Dunn:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 298 linear feet of streams for the purpose
of property development at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on November 4, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you
to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, stormwater, and buffer
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 culverting and impounding activities described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. If the property is sold, the new owner must be given a copy
of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Intemet:httr)7/ih2o.enr.state.nc.us/nc,,vetlands
N?oyr`tt,Carolina
,Xaturailll
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10°10 Post Consumer Paper
Buffalo Cove, LLC
Page 2 of 8
November 15, 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:
Amount Approved
Units Plan Location or Reference
UT to Buffalo Creek 40 feet Road Crossing
UT to Buffalo Creek 10 feet Dam Fill
UT to Buffalo Creek 248 feet Impounded Waters
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.
Buffalo Cove, LLC
Page 3 of 8
November 15, 2005
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table
below. We understand that you wish to make a payment to the Wetlands
Restoration Fund administered by the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. This has been determined by the
DWQ to be a suitable method to meet the mitigation requirement. Until the EEP
receives and clears your check (made payable to: DENR - Ecosystem
Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you
have any questions concerning payment into a restoration fund. You have one
month from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the
Ecosystem Enhancement Program to meet the following compensatory
mitigation requirement:
Compensatory Mitigation
Required River and Sub-basin
Number
Stream 298 feet BRD05 - 9-53-(5)
7. 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.
Buffalo Cove, LLC
Page 4 of 8
November 15, 2005
8. Protective Fencing
The outside buffer, wetland or water boundary and along the construction
corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for
the areas that have been approved to infringe within the buffer, wetland or water
prior to any land disturbing activities.
9. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard. Continuous
monitoring by onsite, calibrated, continuous recording, equipment must be
performed both. upstream and downstream of any instream work. The results of
this monitoring must be submitted along with the below required stability
monitoring. Additionally, should the results indicate a violation of the turbidity
standard, all work shall cease until such a point the measures are implemented
to protect surface waters form further violations.
10. No Sediment and Erosion Control Measures in Wetlands
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.
11. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the
Division of Land Resources (DLR) or a DLR delegated local erosion and
sedimentation control program, an NPDES General stormwater permit
(NCG010000) administered by DWQ is automatically issued to the project. This
General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is
covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation
control plan, self-monitoring, record keeping and reporting requirements are
required. A copy of this permit and monitoring report forms may be found at
http.-Ah2o.enr.state.nc.us/su/Forms Documents htm.
Buffalo Cove, LLC
Page 5 of 8
November 15, 2005
12. Deed Restrictions
Deed restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
13.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.
14. 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.
Buffalo Cove, LLC
Page 6 of 8
November 15, 2005
15. Riparian Zone Replanting
Replanting of vegetation within disturbed areas located within 25 feet of the streambank
associated with any land disturbing activity, repair, replacement and/or maintenance must be
done in a manner consistant with the Guidelines for Riparian Buffer Restoration
immediately following construction. (Please see attached.)
16. Culverts that are less than 48 inches in diameter should be installed with 20% of the
diameter of the culvert placed below the level of the stream bottom to allow the
accumulation of stream bed materials and to facilitate aquatic life passage during
periods of low stream flow. Larger diameter culverts should be placed 1 foot below
the stream bottom. Culverts should be placed in the main flow channel (i.e.
thalweg). Partial burial of culverts in this manner also may require increasing their
size to accommodate flow requirements.
17.If concrete is used during construction (e.g., headwalls), a dry work area must be
maintained to prevent direct contact between curing concrete and stream water.
Water that inadvertently contacts live concrete should not be discharged to surface
waters due to the potential for water chemistry change and a fish kill.
18. Rock, sand, or other materials should not be dredged from the stream channels
except in the immediate vicinity of the crossings. Instream dredging has severe
effects on aquatic life and disturbance of the natural form of the channel can cause
downstream erosion problems. The natural dimension, pattern, and profile of the
channels adjacent to the crossings should not be modified by widening or changing
their depths.
19. Sandbags, flexible pipe, or other diversion structures should be used to avoid
excavation in flowing water. Materials used for flow diversions should be removed
from the stream bed after completing the construction work. Any diversion channels
must be lined with fabric and/or rock.
20. Storm water from roads should be directed to vegetated buffer areas (e.g. level
spreaders) or retention basins and not routed directly to streams. Drop inlets on
streams must not be constructed.
21.Any riprap placed for inlet or outlet stabilization should be clean and limited to the
stream bank below the high water mark and vegetation should be used above. Rip
rap must not be placed in stream channels in a manner that obstructs fish passage.
22.All crossings should be constructed as close to perpendicular to the stream channels
as possible to minimize stream and buffer disturbance. Road and utility alignments
should be set-back as far as possible from stream channels to minimize
sedimentation and buffer disturbance.
23. Riparian vegetation, especially trees and shrubs, should be preserved as much as
possible. Native woody vegetation (e.g., rhododendron, dog hobble, silky dogwood,
sycamore, river birch, red maple) should be reestablished upstream and
downstream of the stream crossings if it is removed during construction to provide
bank stability and shading. We encourage the use of native plants that must be
removed from permanently disturbed areas.
t
Buffalo Cove, LLC
Page 7 of 8
November 15, 2005
24-All mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials.
25. Discharging hydroseed mixtures and washing out hydroseeders and other
equipment in or adjacent to surface waters is prohibited.
26.The remaining lengths of streams and riparian areas on the tract should be
protected in either their existing or improved state (i.e. with native vegetation
reestablished where absent) in perpetuity from fill, vegetation removal, and other
forms of disturbance with deed restrictions or similar instrument. A riparian buffer
width of 25 feet is minimally consistent with the "trout buffer rule", but wider buffers
are recommended to provide more water quality and habitat functions.
27.All jurisdictional waters on the site shall be inspected weekly for stability (longitudinal
profile, cross sectional dimension, and pattern) and a monthly report submitted to
the Asheville Regional Office within 15 days of the end of each month.
28.Any Bottomless Culverts installed must span from high bank to high bank. The
digging of footers which change the flow of the stream, or otherwise impact the
natural course on the stream are prohibited.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
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.
Buffalo Cove, LLC
Page 8 of 8
November 15, 2005
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 Kevin.Barnett(@ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3402 .
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
David McHenry, NC Wildlife Resources Commission
File Copy
Central Files
Filename: 05-2000.BuffaloCove,LLC.approval
NOV g 2005
DENR - WATER QU''E'R t., . LITY
i.'ETVj,'DSf,,DSTC_n.,;,?r,i?,.,._1 c. CH
RA,N;
Triage Check Dist
Date: 11/02/05
To:
Kevin Barnett, Asheville Regional Office
Project Name: Buffalo Cove, LLC
DWQ #:05-2000
County: Rutherford
60-day Processing Time: 11/01/05 to 12/30/05
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!
F@[ROWIRD
NOV 1 - 2005
Office Use Only:
DENR -','AMA'QLiA1ilTRebuary 2004
1%ETLANDS NO STOi INIATER BRAt1CH
USACE Action ID No. DWQ No.
(If any particular item is not applicablc to this project, please enter "Not .applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
-;01 ? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nw39
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP 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: ?
II. Applicant Information
I. Owner/Applicant Information
Name: BUffALD Cori.: LLC. om 14,0g Ao
Mailing Address: 311
LA 2
Telephone Number: ?2,?- (n7-5-2508 Fax Number: 2-2'- G 25' 4400
E-mail Address: P P_1„ Ct?iv%
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5of12
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
bodridaries 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 I I 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: QuFfAeP, CD< i
2. T.I.P. Project Number, NCIvIA or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: &%OU1?4 Nearest Town: ?Aie LINLC
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
t3?us UE04 2J -? OL46WO (A-Wv- /Lono s2 1314)
dN cry
5. Site coordinates (Lat/Long; D/IvUS format):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody..)
6. Property size (acres): 97. O.)
4 5
7. Nearest body of water (streain/river/sound/ocean/lake): ?T 1-0 04FAt0 GIrEK
3. River Basin: &AO La
(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: WOOthh 1U V.CSiDrNAAI,,
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
13ur-FA-Lo Caul / If-I.F`f /4"=S wr
- 7 U Q /4 ox ?.?f .f-r 6 ?- Y 2 H I., i s o?
2DA4 S aJ ITJJ /? ?Q t5cS4IJr/J /410e--I r40.j '7-4 4-I L Si04 Iwl6 -c-t54
C.C e 4SK A4= D PO.?/Q 2 i .r • I ?/ C T.4 L L n Q d I T L/ Y-Q .CG /G -h,[ v$
L04d S't t4 /?JL?.A o Zg2
IV.
V.
VI.
I I . Explain the purpose of the proposed work: Amaj ay Awo ?--%t Corirm i rfy
LNNoynA; Nf A??p lLo.4? !/lcsS,?C ram- Siff: q?ctsS ,--
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.
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.
NoNt6-
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.
Pan 7 of 12
1. Provide a written description of the proposed impacts: ffl) 'I /APO" OtA12NN
ANfl ? 1? Ro4o tAassla6 '
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of '
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, rill,
excavation, flooding, ditch ing/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
(FI INI), or FEMA-approved local tloodplain maps. Maps arc available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://w,?vw.fema.,ov.
**" List a wetland type that best describes wetland to be impacted (e.g., freshwatedsaltwater 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 ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please secif )
wwcAf !At TD NffAW 2' ?c KN1Al.
Ceti
"tit
N 6uffAw cy. 2 &Cci IPi ,

* 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 I-300-358-9616, or online at
www.uses. ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mnpquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, pond-, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number

(indicate on ma)

Type of ImPact* Area
cot f
ImPa
(acres)
Name ofWaterbody

(if applicable) Type of Waterbody

(lake, pond, estuary, sound,

bay, ocean, etc.)

* r: u:
LSL caCu uupaCL separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? rsul Lt? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): b IA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):- 11\65'r A-M t_
Size of watershed draining to pond: AExpected 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.
f?NO tS INiti6ci?/tc? 4,41Musfix Z fit. vi :'N,,"l t7Y dr'
(,J?!itlL ?g! C.or?71'f7uNr?y .
VIII. Mitt ration
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 i\/fodification 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 NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.nc.us/ncwetlands/strmgide.htm1.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
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. A
2. Mitigation .may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NC. EEP). Please note it is the applicant's responsibility to contact the NCEEP 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
NCEEP, check the NCEEP website at http://www.nceep.net . If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
i
Amount of stream mitigation requested (linear feet): ! D O
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):
N C?? -- Cr, al?-a?" ?'?c???. - W;1? ?otzw??. dd r??.m c.n?'S v??1?
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 ?
Y. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer RequK ents), or other (please identify )?
Yes ? No 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 /acres) Multiplier Required
Mitigation
1 3 -

Total
Zone I extends out 30 feet perpendicular from 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. Presentation 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.
4 NU STd/lirt rho 04d4tcr-y /,J/.SGl42(, e-0
i'b S c.2fil c?
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.
0rJ• 511r- ?Pi?c
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes V1 No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/./o../1c LuLitc- /4 r- At:Z. d is /e=.a1- 4csod-r e--.r r 04
DLL At00 Z Y PQEJrovs ?D 41 C j? scvaS/O??
°/erg/---
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
Date
the pplicant is provided.)
Page 12 of 12
Attachment A:
Proposed Mitigation Plan.
Site Location: Site is off Buffalo Creek Road between the Apple Valley and Bald
Mountain Golf Courses at the Lake Lure Golf and Beach Resort at Lake Lure. Property
resides outside town limits. See attached site plan with affected UT highlighted.
Affected Area: UT to UT to Bill's Creek.
Preservation Mechanism. Protection of old mountain trail, 15+ green belt acres,
1700 feet of UT by deed restriction or conservation area with Foothills Conservancy.
Current Site Condition. Forested.
Mitigation: 100 linear feet of stream mitigation to North Carolina Ecosystem
Enhancement Program.
o
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American Expresss Jim'
It depends on the quality of the property and the context, but we typically accept
Aviation easements on qualified tracts that are at least 50 acres since our easement
responsibilities & associated stewardship costs are forever. If the trail and creek lin'
Buffalo Cove other conserved property or rare plant species exist, the acreage could perhaps be
Carver less. We would have to evaluate. Smaller areas can be protected with deed
Family restrictions by landowners. Send us more details if you would like to discuss this wi
us, and we can set up a time for a phone conversation. I'm glad that property owne
Finance like you are looking for ways to protect areas like this. We are working in partnershi
LewisTree now with N. G. tae Par KS, The Nature Conservancy, and Carolina Mountain Land
Conservancy to secure lands for the new Hickory Nut Gorge State Park and want ti
Misc work with private landowners in the area who are interested in conservation
Real Estate easements. Foothills Conservancy serves all of Rutherford, along with McDowell,
Resort Burke, Caldwell, Alexander, Catawba, Lincoln, and Cleveland counties. We have
protected almost 40,000 acres in the last 10 years working with state and federal
Roundhouse natural resource agencies and private landowners interested in conservation
Travel easements and land donations. Thank you for contacting us.
Susie Hamrick Jones
Executive Director
Foothills Conservancy
828437-9930/9912fax
PO Box 3023
Morganton, NC 28680
-Original Message -
From: James Dunn
To: [e-mail]
Sent: Monday, August 29, 2005 10:28 PM
Subject: Question
Hello
1 am developing some land in Lake Lure. There is a wonderful mountain trail ani
spring fed creek on the property that I want to preserve.. I will do this with either
greenbelt area or with the donation to a land trust.
http://us.f526.mail.yahoo.com/ymIShowLetter?Msgld=4642_0 731_1826 2581 0_8599... 10/28/2005
p?@Rowm 0
NOV 1 - 2005
DENR - WATER QUALITY
MMUS At@ STCPYWATER BRANCH
Office Use Only: Form Version February 2004
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
-:P' ? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nw39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
II.
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts (verify availability with NCEEP 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
1. Owner/Applicant Information
Name: BuFfgw CoV,= U.C Oh
Mailing Address: MW K -f
Telephone Number: Y22-- 15'2508 Fax Number: 28'- 2 00
E-mail Address:_ G? q (?) kA01_LA ln.AR- '. C-0WN,
?art?.sP4??v.icL' YaaF.eo,eo....
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:
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly slowing 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
bodridaries 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: &fFALZ,
r
2. T.I.P. Project Number, NCMA or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: _ kUk% ef-64 Nearest Town: Wz- "
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
rJ4
6N C_r-Fr - -
5. Site coordinates (Lat/Long; D/M/S format):
(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):
47. Ye aue s
7. Nearest body of water (stream/river/sound/ocean/lake): (AT' Th 64FFlw C CEK
3. River Basin: &AO &a
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:Hh2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Woo0cp j0 0.;610rri11AL;,
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
ISuFFA-Lo Coat tir Cl7.F`f /- "=S 4-J1-t4 ?4?Qosc?-Nor-rsc. r' 2 Ni,,cS o¢
A!0,44 S .,.) t-rJ4 .4 /D.Q ?sC: fl y oe4fe..-d, 40-4
C.CC??( .rt-.?4 C'o.•r.?so?? f?t=Q ?o,.ro f?s..?• ??cT.4L??O v?rt/ v-¢.4-a?crrfo?
Lo4d Est s?, /?JLLA o z?2.
1 I . Explain the purpose of the proposed work: AmefmfY IoNA rbo- Qgmmtw Ry
-L:-:t4 \0 ,4 M ',41- .qr?p 12-0.40 C-1 .sS w t rue- 5/M -J c""r-s
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
NoN5'
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: 1 WOVtaOtA<NJ
AN>D ? I? ?4? C?sSW6 '
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Locatcd within
100-year Floodplain**
(yes/r Distance to
Nearest Stream
(linear feet)
Type of Wetland***

I

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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 (FEaIMA) Flood Insurance Rate Maps
(FIRM), or FENIA-approved local tloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http:NwNvw.tema.,,ov.
*"* List a wetland type that best describes wetland to be impacted (e.g., freshwatcdsaltwater 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 ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Strcam
Before Impact Perennial or
Intermittent?
(please secif )
1 ww6mf IAf TO 6tMt4 If
?Jl?n'NIA(.

1Rf.'+''t0 osa >,-
Z 1?+?Pcwr aL?r „? . uT ro WMLO CK. Z ??RCc.NIAI.

* 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 strc:un 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
wwtv.us?_,s.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., WWW.tOV07one.com,
www.mnpquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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 ma)
Type of Impact* Area of
I Im act
p
(acres) Name Waterbody
tt
applicable)
( pp Type of Waterbody
I (lake, pond, estuary, sound,

bav, ocean, etc.)
I

LtsL ca?u impact separately and tdennry temporary impacts. impacts include, but arc not limited to: rill, 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
L.A r;J1
stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): b &A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):- AC, 51>AS'n t_
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.
b 'ra p2o410 C AM C-% iD EM-AN'4 516t 09 P/L03E CT ,
?+D is r?yiti6??2tt, ??fMr?3an? ?'r?Z ?..?""?•?s:?„? ??r ar'
VIII. Mitibation
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 iVloditication 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 it, determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://l12o.enr.state.nc.us/ncwetIands/stn-n.izide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate"sheet if more space is needed.
2. Mitigation .may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NEEP). Please note it is the applicant's responsibility to contact the NCEEP 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
NCEEP, check the NCEEP website at http://www.nceep.net . If use of the NCEEP is
proposed, please check the appropriate box on page three and provide the following
information:
i
Amount of stream mitigation requested (linear feet): !DD
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 (federaUstate) funds or the use of public
(federaUstate) 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 ?
Y. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requir ments), or other (please identify )?
Yes ? No 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* fm pact
(square feet /acres) Multiplier Required
Nfititzation
1 3 _
2 - 1.5
Total
Zone l extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the cdge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed 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 15 A NCAC 2B .0242 or .0200.
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.
Nd 3;T3/441 rho D??.?iGTrtGGy /JisGn26?? Ib Swt1-??
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.
N, s mR 5?, P;7c
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes [AJ No ?
Is this an after-the-fact permit application?
kri
No ?
Yes p
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).
OL0 AiPF IsY PQEJ1ovs ??,?/ •C I ?Scv?s.o.•!
cJlSze. .LL'S co_rx-_et?4_7-ra_e d -ecse. -C e
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorizati0 ett from the applicant is provided.)
Page 12 of 12
Attachment A:
Proposed Mitigation Plan.
Site Location: Site is off Buffalo Creek Road between the Apple Valley and Bald
Mountain Golf Courses at the Lake Lure Golf and Beach Resort at Lake Lure. Property
resides outside town limits. See attached site plan with affected UT highlighted.
Affected Area: UT to UT to Bill's Creek.
Preservation Mechanism. Protection of old mountain trail, 15+ green belt acres,
1700 feet of UT by deed restriction or conservation area with Foothills Conservancy.
Current Site Condition. Forested.
Mitigation: 100 linear feet of stream mitigation to North Carolina Ecosystem
Enhancement Program.
A-7-7-4-C
9.

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Draft To: "James Dunn" <[e-mail]>
Sent CC: [e-mail]
Bulls (90) [Empty] Subject: : ?' Re: Question
Trash [Empty]
Date: Tue, 30 Aug 2005 07:32:20 -0400
My Folders [Hide]
Jim,
American Expresss It depends on the quality of the property and the context, but we typically accept
Aviation easements on qualified tracts that are at least 50 acres since our easement
responsibilities & associated stewardship costs are forever. If the trail and creek lin!
Buffalo Cove other conserved property or rare plant species exist, the acreage could perhaps be
Carver less. We would have to evaluate. Smaller areas can be protected with deed
Family restrictions by landowners. Send us more details if you would like to discuss this wi
us, and we can set up a time for a phone conversation. I'm glad that property owne
Finance like you are looking for ways to protect areas like this. We are working in partnershi
LewisTree now with N. G. tae a s, e Nature Conservancy, and Carolina Mountain Land
Conservancy to secure lands for the new Hickory Nut Gorge State Park and want b
Misc work with private landowners in the area who are interested in conservation
Real Estate easements. Foothills Conservancy serves all of Rutherford, along with McDowell,
Resort Burke, Caldwell, Alexander, Catawba, Lincoln, and Cleveland counties. We have
protected almost 40,000 acres in the last 10 years working with state and federal
Roundhouse natural resource agencies and private landowners interested in conservation
Travel easements and land donations. Thank you for contacting us.
Susie Hamrick Jones
Executive Director
Foothills Conservancy
828-437-9930/9912fax
PO Box 3023
Morganton, NC 28680
- Original Message --
From: James Dunn
To: [e-mail]
Sent: Monday, August 29, 2005 10:28 PM
Subject: Question
Hello
I am developing some land in Lake Lure. There is a wonderful mountain trail any
spring fed creek on the property that I want to preserve. I will do this with either
greenbelt area or with the donation to a land trust.
http://us.f526.mail.yahoo.com/ym/ShowLetter?MsgId=4642 0 731_1826 2581 0_8599... 10/28/2005
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PROGRAM
RECEIPT
Tom Hartzog
Buffalo Cove, LLC
311 Buffalo Creek Road
Lake Lure, NC 28746
Project: Buffalo Cove
County: Rutherford
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JAN 3 0 2006
DENR - YVATER QUALITY
i riL AtiDS AND STO(ilCvVATER EMiCli
January 23, 2006
DWQ #: 05-2000
COE #: 200630112
The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $24,090.00, check
number 1104, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US
Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced
project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this
project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s)
including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government
permits or authorization associated with this activity.
The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the
compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with
the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army
Corps of Engineers dated November 4, 1998.
Wetlands (credits) Stream (credits)
River Basin Cataloging
Unit
Riparian
Non-
Coastal
Cold
Cool
Warm Buffer
(sq. ft.)
Riparian Marsh
Broad 03050105 0 0 0 110 0 0 0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely, ,
illiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACE - Asheville
Kevin Barnett, DWQ Regional Office - Asheville
File
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ern
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net