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HomeMy WebLinkAbout20060798 Ver 2_More Info Received_20061229V11NZ x~. ^ .. rj,, <, ~ ~~~~r ~~ ~v~~L ~ t)//1~'~r "' Wetland and Natural Resource "°~'~ Consultants, Inc. '~c,~ November 27~', 2006 Ms. Lori. Beckwith US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Mr. Kevin Barnett NC Division of Water Quality 2090 US Hwy. 70 Swannanoa, NC 28772 Re: iYs:l~la~aata~n'!daa~tdua~~:Perra~it~Application ~~a~for~='Conn1~, North Carolina Ms. Beckwith & Mr. Barnett: Attached is an application for an individual permit~i~~o'ns~ri~ct a'7.45 acr~.a within ~~'th~ Bill"s~~l~i~n~airrd~ear.~i~oprnre~t`,~ - ~ e~-appTicans seeking~auth~orizetion_to~.impac~-2565. _ ;li,nearfeet-of p~r~nii~~anc~ m ermltn~~lnnamed=~~~~aes-tie-BroadfR~ve= k associated-wt>~ the-~ons~truc~i~i~~of a;45-acre=-1~a~Ce~~Attachment 2. Agent Authorization Form). ~glicant Vista Developers LLC Attn.: Mr. Stig Wennerstrom 525 N. Main Street Hendersonville, NC 28792 Agent Wetland and Natural Resource Consultants Attn: Mr. Neill Yelverton P.O. Box 882 Canton, NC 28716 Location The Bill's Mountain project is located on the east side of Bills Creek Road in Rutherford County, NC. ~Coordiiafes {in ecima~-=degrees `for_~e_site-are~437~°E~~r~~: 82:~~~8°4 11V'est:--, Canton Office Newton Office PO Box 882 wnrinc.com PO Box 224 Canton, NC 28716 Newton, NC 28658 828-648-8801 828-465-3035 828-648-8802 Fax 1 828-465-3050 Fax Existing Site Conditions The land use in the surrounding area is primarily forestry and agriculture with some residential development. The land use on the project site was historically forestry. The site is primarily forested with mixed, mesic hardwoods and the valleys are rich cove rhododendron thickets. The site contains perennial and intermittent streams that are unnamed tributaries to Bills Creek, Cove Creek, and the Broad River. se,are-alb: ~~,s~ater~~•t#~e ;~~atl=a' Basin, Applicant's Stated Purpose As stated by the applicant, the purpose of the project is to provide a recreational and aesthetic lake for a residential development. Project Description The project consists of a 7.45 acre lake within a 769 acre residential development. The applicant is seeking authorization to impact 2565 linear feet of Class "C" perennial and intermittent unnamed tributaries to the Broad River. Development of the site will require clearing the proposed lake bed, grading the proposed dam site, filling necessary to impound the stream, and the resulting flooding. Heavy equipment, including graders, pan scrapers, excavators, bull dozers, etc., will be used for the construction of the project. Completion of the proposed project will require the construction of a dam to impound water. The subject channel will be diverted while the fill is discharged into the stream so that there is no contact between the fill and the water. There are no proposed impacts to wetlands resulting from construction of the lake. The applicant proposes to mitigate for impacts to stream channels with in-lieu fee payment to EEP and preservation of all remaining streams on the site with a 30' vegetated buffer. Previous permits (Action ID# 200630549) have been issued for impacts associated with the construction of roads (Attachment 3. Application for Department of Army Permit (ENG FORM 4345) & Attachment 4. Previous Permits). Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The consultant found that no EFH exists within the project area and therefore the project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Canton Office Newton Office PO Box 882 wnrinc.com PO Box 224 Canton, NC 28716 Newton, NC 28658 828-648-8801 828-465-3035 828-648-8802 Fax 2 828-465-3050 Fax Cultural Resources The consultant has reviewed the latest published version of the National Register of Historic Places and found no registered properties, or properties listed as being eligible for inclusion therein located on the property. Endangered Species The consultant has reviewed the project area and the latest North Carolina Natural Heritage Database and found no threatened or endangered species that occur within the project area. Based on this available information, the consultant has determined pursuant to the Endangered Species Act of 1973, that the proposed project will have no effect on federally listed endangered or threatened species or their formally designated critical habitat. Thank you for your time and consideration and please call me at (828) 712-9613 with any questions that you may have. rega Neill Yelve Cc: Ms. C~di Karoly, NC DWQ Mr. David McHenry, NC WRC Ms. Becky Fox, US EPA Mr. Brian Tompkins, US FWS Canton Office Newton Office PO Box 882 wnrinc.com PO Box 224 Canton, NC 28716 Newton, NC 28658 828-648-8801 828-465-3035 828-648-8802 Fax 3 828-465-3050 Fax Project Summary Sheet Owner /Applicant Name: Mailing Address: Phone Number: Vista Developers, LLC Attn: Mr. Stig Wennerstrom 525 N. Main St. Hendersonville, NC 28792 828-698-2400 Street Address of Project: Bills Creek Road Lake Lure, NC Nearest Waterway: Broad River River Basin: Broad Nearest City: Lake Lure County: Rutherford Decimal Degree Coordinate Location of Project Site: 35.4375 N 82.1428 W USGS Quadrangle Name: Lake Lure Table of Contents -Bill's Mountain IP Application -- Cover Letter -- Project Narrative 1.0 Project Purpose & Need 2.0 Alternatives Analysis 3.0 Description of Discharge 4.0 Avoidance & Minimization 5.0 Mitigation Proposal -- Table 1. Bill's Mtn. Channel Impacts and Mitigation Attachments -- Attachment 1. Location Maps & Site Plans -- Attachment 2. Agent Authorization Form ..... page 1 ..... page 4 ..... page 6 ..... page 8 ..... page 9 ..... page 10 -- Attachment 3. Application for Department of Army Permit (ENG FORM 4345) --Attachment 4. Bill's Mtn Previous Permits --Attachment 5. Bill's Mtn. Real Estate Analysis --Attachment 6. Lake Lure Fire Coordinator Letter --Attachment 7. Stream Classifications & Stream Identification Forms --Attachment 8. Photographs --Attachment 9. Coldwater Release Design Typical --Attachment 10. Adjacent Landowner List --Attachment 11. NC EEP Acceptance Letter --Attachment 12. Qualitative Analysis of Cumulative .Impacts Project Narrative Bill's Mountain Individual Permit Application 1.0 Project Puruose and Need Vista Developers, LLC, the project proponent, proposes to construct a 7.45 acre lake that floods perennial and intermittent streams to serve a subdivision in Rutherford County, NC. The development team designed the lake to satisfy the needs listed below. Recreation: The proposed lake would provide onsite recreational opportunities, with a focus on canoeing and fishing. The size of the lake would allow enjoyable canoeing and fishing opportunities for multiple parties at the same time. Economic: Waterfront lots and lake-view lots demand a premium; Vista Developers estimates that the proposed Lake would increase sales revenue from $38,500,000 to $58,000,000 an increase of $19,500,000 which is more than a 50% increase in revenue (Attachment 5. Real Estate Analysis). The availability of and proximity to recreational and other amenities creates more desirable communities. According to the National Association of Homebuilders: Purchasers of second homes valued their proximity to "An ocean, river or lake, 40%" (the highest percentage of all things rated), and Activities of interest to vacation home buyers included "Beach, lake or water sports, 37%" (the highest percentage of all things rated). • Aesthetic: Lakeview lots and common areas are very desirable for their serene and picturesque nature. They are therefore more desirable for potential property buyers, and increase the economic viability of the project. (Attachment 5. Real Estate Analysis) Fire suppression: A dry hydrant and fire truck access will be incorporated into the lake design in order to provide sufficient water for fire suppression in the event of structural and/or forest fires on site. This will make water access faster and easier for on-site fire suppression, and will improve fire safety for the community. (Attachment 6. Lake Lure Fire Coordinator Letter) Bill's Mountain IP Application 4 WNR Based on multiple needs, the proponent's desire was to maximize the lake's size based on onsite conditions. Using a steep bottleneck valley, the design team was able to create a design to satisfy all of these needs. Bill's Mountain IP Application 5 WNR 2.0 Alternatives Analysis The proponent has considered four alternatives in order to satisfy the needs stated above. 1) No Lake 2) On-Site Lake (Off-line Option) 3) On-site Lake (On-line Option) 4) Off-Site Lake Alternative #1. No Lake The decrease in revenue for the project with no lake would be approximately $19,500,000 as discussed above. With this option recreational activities would have to take place off-site. While Lake Lure and the Broad River would provide recreational opportunities they would require increased preparation and travel time and not have the same level of safety. Travel time would be increased from a 5-10 minute walk or drive, to a 10 to 30 minute drive. More personal fishing and boating equipment would be required for off-site activities, compared to community equipment available at an onsite lake recreational area. The level of safety on a small controlled lake could not be met in the large open water of Lake Lure of the Class 1 & 2 whitewater on the Broad River. Aesthetically, this site is inarguably beautiful with or with out a lake. Fire suppression could suffer from the lack of an adequate on site water supply. Alternative #2. On-Site Lake Off-line Option Because there is no on-site location that could provide the size of lake necessary to achieve the desired benefits, this option would not satisfy the goals of the lake. Other valley locations are either too narrow or to steep for suitable off-line lakes. Since small lakes are not suitable for the recreational activities desired, these sites were not considered. The bottleneck valley topography, present at the proposed lake location, makes it the most suitable location for maximizing lake size and minimizing impacts. Fire suppression could benefit from a smaller lake as long as it is accessible by large fire trucks. Alternative #3. On-Site Lake On-line Option An on-site 7.45 acre lake is the preferred option based on increased recreational opportunities, economic viability, aesthetics, and fire suppression. It would increase revenue by more than 50% ($19,500,000). It would also increase the aesthetic views on site and thereby increase property values. An on-site 7.45 acre lake would allow for multiple individuals and groups to enjoy various recreational activities simultaneously. The availability of water for local Fire Bill's Mountain IP Application 6 WNR Stations could increase response time for local fire departments. All of these benefits make this the most viable option for satisfying the proposed needs. Alternative #4. Off-Site Lake Option This option would have the same access and safety drawbacks as the no lake option. Since development is already underway at the Bill' Mountain site, the time and money spent to acquire another site would be above and beyond incurred and estimated expenses. Under this option they would also have the cost of finding another site, building more infrastructure, and the cost of lake re- design and construction. Since they already have a suitable on-site location, the extra cost associated with this option makes it impractical. Bill's Mountain IP Application 7 WNR 3.0 Description of Discharge The subject streams are unnamed perennial and intermittent tributaries to the Broad River; the lake has approximately 176 acres of drainage measured at the proposed dam site. The NC Division of Water Quality has classified this section. of the Broad River as a ~~Class C" water; other onsite drainages with named streams (Bills Creek and Cove Creek) are also'~Class C" waters. The subject streams have been classified as perennial and intermittent using the NC DWQ Stream Identification Form Version 3.1 (Attachment 7. Stream Classifications and Stream Identification Forms & Attachment 8. Photographs). The project proposes impacts as follows • 243 cubic yards of fill will be discharged into waters for the dam • 537 linear feet of direct impacts for dam structure • 2028 linear feet of indirect impacts for flooding • No wetlands will be impacted • (Table 1. Channel Impacts & Mitigation) Development of the site will require clearing the proposed lake bed, grading the proposed dam site, filling necessary to impound the stream, and the resulting flooding. Heavy equipment, including graders, pan scrapers, excavators, bull dozers, etc., will be used for the construction of the project. Completion of the proposed project will require the construction of a dam to impound water. The top width of the dam is proposed to be 20 feet, and the side slope for the dam is proposed to be 3:1. The proposed permanent impacts to stream channels resulting from the placement of fill material associated with the dam totals 537 linear feet or 0.087 acres of stream surface area. The proposed impacts resulting from flooding streams total 2028 linear feet or 0.22 acres of stream surtace area. There are no proposed impacts to wetlands resulting from construction of the lake. Plans included with this notice show the overall proposed site layout as well as details of the proposed dam. The subject channel will be diverted while the fill is discharged into the stream so that there is no contact between the fill and the water. Conceptual plans include stocking the lake with game fish (rainbow, brown, and brook trout) and providing habitat for migratory waterfowl (wood duck). Construction of the lake allows for the propagation of trout for the residents of the proposed subdivision. The lake will be constructed with littoral areas and thereby provide diverse habitat for terrestrial and semi-aquatic wildlife. Fisheries habitat structures will be created for the game fish. The outlet of the lake will utilize low-flow cold water design strategies, to create suitable downstream habitat for fish as well (Attachment 9. Coldwater Release Design Typical). Littoral benches will be field designed and constructed along the shore of the reach due to the steepness of the valley. Bill's Mountain IP Application 8 WNR 4.0 Avoidance and Minimization The proponent has avoided hard impacts to the greatest extent practicable by proposing to construct a single earthen embankment dam instead of constructing numerous dams to create the same surface area. Impacts requiring discharges to Waters of the US are limited to the fill associated with the earthen dam to create additional Waters of the US. The predominant impacts of the project to perennial streams are indirect in nature (flooding). The proponent considered alternative development concepts and determined that the uniqueness of the current proposal provided the best potential for success. Cumulative impacts resulting from the proposed project are minimized through the reduction in scope and through design considerations including: • Engineered low flow / Coldwater discharge orifice • Establishment of vegetated littoral zones Bill's Mountain IP Application 9 WNR 5.0 Miti4ation Proaosal Impacts can be separated into two classes that merit different mitigation ratios based upon the effect of the discharge (Table 1. Channel Impacts & Mitigation). Impacts resulting from the construction of the dam result in a permanent loss of waters while impacts associated with flooding result in a net increase in regulated Waters of the US. In consideration of the factors used to assess mitigation we have developed the following proposal. Impacts to the subject stream include the 537 linear feet of dam structures and 2028 linear feet of flooding impacts. The' applicant considers all of these streams to be "Good" quality, and will use the 2:1 Compensatory Mitigation Ratio set forth in the Corps Stream Mitigation Guidelines. The mitigation for hard impacts will be satisfied at a 2:1 ratio with a multiplier of 1. Therefore we propose 1074 linear feet of restoration for 537 linear feet of impact. This mitigation wilt be through the NC Ecosystem Enhancement Program's in-lieu fee program. The mitigation for flooding will be satisfied at a 2:1 ratio with a multiplier of 2.5, for a final ratio of 5:1. Therefore we propose on-site preservation of 10,140 linear feet of stream channel to mitigate for 2028 linear feet of flooding. This onsite preservation will include a 30' vegetated buffer adjacent to the channels. These buffers will be preserved through deed restrictions. (The onsite survey of all streams is not yet complete, thought we approximate total stream length to be about 20,000 linear feet, we will likely end up preserving more than 10,140 linear feet.) Bill's Mountain IP Application 10 WNR Attachment #1 Location Maps & Site Plans Windows Live Local -Custom Print Options Page 1 of ~l http://local.live.com/PrintableMap.aspx?mkt=en-us 5/25/2006 INindaws Lives Local Vista -Bill's Mountain Soils Attachment #2 Agent Authorization Form `~ ~ T ~ ~; - - , i i~_f + r , ~ i _4. _ ~ ~1 v `~ j + ~~s~ ~s „i i' + ~~~. Wetland and Natural Resource ~~"" `'::= Consultants, Inc. r'"~t~1k'~" „ ~~,,,, Department of the Army Wilmington District, Corps of Engineers Attn: Ken Jolley, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Quality Attn: Cyndi ICaroly 2321 Crabtree Blvd. Raleigh, North Carolina 27604-2260 I, the current landowner of the property identified below, hereby authorize Wetland and Natural Resource Consultants, Inc. to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the 115 that are regulated by the Clean Water Act and the Rivers and ~iarbors Act. Federal and State agents are authorized to be on said property when accompanied by Wetland and Natural Resource Consultants, Inc. staff. Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental information needed for permit processing at the request of the Corps or DWQ. Properly ®wner of Record: ~'l: ~~~' ~ ~ ~ ~ ~`~^~~~ ~>>'~ ~% ~~' Address: ~'c~ ~:' ~~~~~.. ~` :~-~4~~~~~~, ~ 1~ ~- _ _ -~, ; Address: ~..j -~ ,~,~ ~ ,t'~C~.( a-~ ,:~'~, ~ w Address. ;~`'.:-~-c~;~~=~..~'~z~--~~ L.--7 ,l ~-~ ~1 L 2 $~- q Z Phone Number: Property Location: ®wners Signature: Date: Canton Office PG Box 882 Canton, NC 28716 828-648-8801 828-648-8802 Fax wnrinc.com ;' a 1 Sri ~? ~,(. ie'~-G-f Newton Oftice PO Box 224 Newton, NC 28658 828-465-3035 828-465-3050 Fax ,. Attachment #3 Application for Department of Army Permit (ENG FORM 4345) APPLICATION FOR ^OPARTMENT OF THE ARMY PERMIT ~ OMB APPROVAL N0.0710 -0003 IOn-Line .ion of Forth 33 CFR 325) Expires April 30, 2008 The public burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less- This inGUdes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall he subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Ad, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research and Sanctuaries Ad, 33 USC 1413, Section 103. Principal Purpose: These laws require authorizing activities in, or affecting navigable waters of the United States, the discharge or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Discosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) * Required Field 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECENED 4. DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME Salutation First Name Middle Initial Last Name Suffix Mr. Stig ~ Wenrierstrom Title Representing (Organization) Vista Developers, LLC 6. APPLICANTS ADDRESS Street Line 1 525 N. Main Street Street Line 2 *City HendersonvilleState NC Zip 28792 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required) Salutation First Name Middle Initial Last Name Suffix Mr. Neill ~ Yelverton Title Organization Environmental Consultant WNR 9. AGENTS ADDRESS Street Line 1 P.O. Box 882 Street Line 2 City Canton ~ State NC Zip 28716 ~se wide to AddNew Additional Applicants' 7. APPLICANTS PHONE NOs. W/AREA CODE, FAX, E-MAIL 10. AGENTS PHONE NOs. W/AREA CODE, FAX, E-MMIL Residence 82&898-24D0 Business 828-698-2400 ~ Residence 828-712-9613 Fax 828-648-8802 Fax E-Mail Business 828-648-8801 E-mail neill@wetland-consultants.cr 11 STATEMENT OF AUTHORIZATION I hereby authorize, to ad in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANTS SIGNATURE DATE Saf_A~ Afst;NT f~?ti~(~f~an.r ~~^'~ No signature required on applications submitted electronically, however, if you print, please sign and mail. NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) Bill's Mountain - - -- 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Watershed Broad River Street Line 1 Bills Creek Road Waterway UT to Broad River Street Line 2 Lake Cny State Zi~ 15. LOCATION OF PROJECT Lake Lure NC County ~mrttmerford State NG 18. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) Section, Township, Range, Lat/Lon, andlor Accessor's Parcel Number, for example Latitude 35.4329 N ~ UTM Northing Mile Section Sub Section 82.1432 W UTM Easting Bank Township Meridian Longitude UTM Zone Waterway Range Baseline Other Location Descriptions 17. DIRECTIONS TO THE 51TE *From Asheville, take Hwy. 74 east past Lake tore. Turn left on BiRS-Creek Road, site entrance fs approximately 12 miles bn the right ENG FORM 4345, Ju197 EDITION OF FE694 IS OBSOLETE (Proponent CECW-OR) 18. Nature of Activity (Description of project, include a" `matures) Consiruction of a 7.45 acre pond within a.3 9ff a cre ~ ,rrtiai developrr-ent "~ {, ~ 1~1 19. Project Purpose (Describe the reason or purpose of the project, see instructions) - - -- This project wilt provide housing oPPr'to the suroundir-g area.' _ Tt-e pond will provide an ammenity for this developmenE (see Attachment f 7 ~ . USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Construction of a 7.45 acre recreational and amenity pond. (see Attachment 2) 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Fill for Dam: 243 cubic yards. Flooding: 450 cubic yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see insWctions) Area Units Gross Area 0.307 Acres ~ Other Waters Comments see Table 1 and attached Stream Forms ~~~~ IAdd~ i ,- 23. Is Any Portion of the Work Already Complete? Yes ~ No IF YES, DESCRIBE THE COMPLETED WORK Road crossings within the development have already been permitted an are in place. (See attached permits). No work has begun for the pond. 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody Salutation First Name Middle Initial Last Name Suffer Street Line 1 See Attached List Street Line 2 C' State Z~ ,Use ~fewG4dd31rtrither~pm`ing Prapetty~ _ ~ ~.~~. 25. List of Other Certfications or Approvals/Denials Received from other Federal, State, or Local Agendes for Work Described in This Application. AGENCY TYPE APPROVAL` IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED - Ilse Gtaide,~o.~eur/Attd Another ~' "Would include but is not restricted to zoning, building, and flood plain permits 26. Application is hereby made for a permR or permits to authorize the work described in this appliption. 1 certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly autho " agent of the applipnt SIGNATURE OF APPLICANT DATE SIG E AGENT D AT E ~ Q 9~ ~o -c~.t~ The application must be signed by the person who desires to undertake the proposed a hY (applicant) i may be sy ed by a duly authorized agent if the statement in Block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material factor makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than 510,000 or imprisoned not more than five years or both. ENG FORM 4345, Ju197 EDITION OF FE694 IS OBSOLETE (Proponent CECW-OR) Attachment #4 Bill's Mountain -- Previous Permits Action ID # 200630549 NWP 33, for 130 I.f. of temporary impact necessary for the construction of a bottomless culvert was issued February 17, 2006. NWP 39, for 110 I.f. perennial stream impact and 290 I.f. intermittent stream impact, was issued June 6, 2006. U.S. ARMY CORPS OF ENGINEERS WII,MIlVGTON DISTRICT Action 1D. County: Rutherford USGS Quad: Lake Lore GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Vista Developers. LLC: Attn: Carson Lee Address: 525 N. Main Street Hendersonville. NC 28792 Telephone No.: Size and location of property (water body, road natno/number, town, etc.): Vista at Bills Mountain development located on 760 acre tract off Qf Bids Creek Rd.: near Lake Lnre Description of projects area and activity: Install a temporary 130 LF culvert in an nnnamed tributary to the Broad River for eanipment accesspurposes to constrnd an arch bottomless culvert. Once tl~e culvert is installed. the pfce will be removed and the channel restored to original conditions. 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: Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions, those rnaditions outlined in the encbsed NCWRC letter dated 2/i7/06, and yow submitted plans. Any violation of the attached conditions or deviation from yow submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Fwthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve {12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity°s authorization under and NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786} 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 Departrrient of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regazding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x231. Corps Regulatory Official Steve C in Date: Febraary 17.2006 Expiration Date of Verification: March 18, 2007 U.S. ARMY CORPS OF ENGINEERS WII.,MINGTON DISTRICT Action ID. 200630549 County: Rutherford USGS Quad: Lake Lure GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Vista Developers, LLC, Attn: Carson Lee Address: 525 N. Main Street Hendersonville, NC 28792 Telephone No.: Size and location of property (water body, road name/number, town, etc.): Vista at Bills Mountain development- Phases I and II, located on 760 acre tract off of Bills Creek Rd.; east of Lake Lure Description of projects area and activity: After-the-fact impacts to 110 LF of a perennial unnamed tributary to Bills Creek and 290 LF of unnamed tributaries to Bills Creek and the Broad River in association with construction of a road network to serve the above referenced residential development. Applicable. Law: ® Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions, those conditions outlined in the enclosed NCWRC letter, and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to Mazch 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under and NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) 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 Depaztment of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/pemuts. If there aze any questions regazding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Steve Chapin at 828-271-7980 x224. Corps Regulatory Official Steve Chapin Date: June 6, 2006 Expiration Date of Verification: March 18, 2007 Attachment #5 11-16-06 Bill's Mountain Real Estate Analysis SUBJECT: Benefits for Constructing a Lake at Vista at Bill's Mountain The following are reasons and benefits for constructing a lake: • The lake would provide a community amenity for swimming, sun bathing, picnicking, hiking, canoeing and kayaking, and fishing. • The lake would include a walking trail, boat house and a small beach area. • The lake would provide an on-site water source for fire suppression. • The lake would provide aesthetics with views. The following summarizes the potential. lot revenue differences: # of With Lots Lots Lake Total Lake 15 $350,000 $5,250,000 Lake View 50 $275,000 $13,750,000 Condo 20 $800,000 $16,000,000 *Other Lots 200 $115 000 $23 000 000 TOTAL: $58,000,000 *Other lots: Generally speaking, all other lots will go up in value since the lake would be shared by all residents. Lot prices would increase approximately 15%. The cost of building the lake is estimated at $700,000 and includes dam and fixed amenities. Attachment #6 Prom: Lake Lure Fire [mailto:llfire@bellsouth.net] Sent: Tuesday, November 21, 2006 11:01 AM To: Scott McDowell Subject: Lake for Vista at Bills Mountain Scott, As we discussed on the phone the proposed lake for Vista development would be of great benefit for Fire Protection as long as provisions are made for the Fire Department to draft. There is currently no water source in the development that can be adequately used for fire protection. If I can be of further assistance please contact me. Ron Morgan Lake Lure Fire Coordinator No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.1.409 /Virus Database: 268.14.11/543 -Release Date: 11/20/2006 Attachment #7 Stream Classifications & Stream Identification Forms North Carolina Waterbodies Listed by County Note: Waterbodies are listed in more than one county if they cross county lines. Report Date: 07/25/06 Records Found: 164 Search Parameters: Courtly: Rutherford Class: SpDes: Name: Desc: Index#: Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # 4 - ~F~utrtord County __.. _ ,. BROAD RIVER From source to Pool C; Tr 03/01/63 Broad 9-(1) Creek, including backwaters of Lake Lure below elevation 991 Fall Creek From source to Broad C;Tr 03/01/63 Broad 9-16 River BROAD RIVER (Lake From Pool Creek to B;Tr 03/01/63 Broad 9-(17) Lure below Carolina Mountain Power elevation 991) Company Dam Pool Creek From source to Lake C;Tr 03/01/63 Broad 9-16 Lure, Broad River Wolf Creek From source to Pool C;Tr 03/01/63 Broad 9-18-1 Creek Rock Creek From source to Lake C;Tr 08/03/92 Broad 9-19 Lure, Broad River Buffalo Creek From source to Lake C;Tr 03/01/63 Broad 9-20 Lure, Broad River Cane Creek From source to Dam at B;Tr 03/01/63 Broad 9-21-(1) Camp Occoneechee Bathing Lake Cane Creek From Dam at Camp C;Tr 03/01/63 Broad 9-21-(2) Occoneechee Bathing Lake to Lake Lure, Broad River BROAD RIVER From Carolina Mountain C 08/01/98 Broad 9-(22) . ~~ Power Company Rutherford County SR 1167 Island Creek From source to Broad C 03/01/63 Broad 9-22.5 River Cove Creek From source to Greasy C;Tr 03/01/63 Broad 9-23-(1) Creek Cove Creek From Greasy Creek to C 07/01/73 Broad 9-23-(9) ~ Broad River Greasy Creek From source to Cove C;Tr 03/01/63 Broad 9-23-10 Creek Frasheur Creek From source to Greasy C;Tr 03/01/63 Broad 9-23-10-1 (Harris Creek) Creek Page 1 of 9 Name of Stream Description Curr. Class Date Prop. Class Basin Stream Index # Stone Creek From source to Cove C;Tr 03/01/63 Broad 9-23-11 Creek Cringer Branch From source to Stone C; Tr 03/01/63 Broad 9-23-11-1 Creek Chalk Creek From source to Cove C; Tr 03/01/63 Broad 9-23-12 Creek Otter Creek From source to Cove C;Tr 03/01/63 Broad 9-23-13 Creek Cedar Creek From source to Cove C;Tr 03/01/63 Broad 9-23-14 Creek Cane Branch From source to Cedar C;Tr 03/01/63 Broad 9-23-14-1 Creek Sally Branch From source to Cedar C;Tr 03/01/63 Broad 9-23-14-2 Creek Long Branch From source to Sally C; Tr 03/01/63 Broad 9-23-14-2-1 Branch Taylor Creek From source to Cedar C;Tr 03/01/63 Broad 9-23-14-3 Creek Rosy Branch From source to Taylor C;Tr 03/01/63 Broad 9-23-14-3-1 Creek Noah Branch From Dam at Camp C;Tr 03/01/63 Broad 9-23-14-3-2-(2) Elliott Bathing Lake to Taylor Creek Bailey Creek From source to Taylor C;Tr 03/01/63 Broad 9-23-14-3-4 Creek Wash Branch From source to Cedar C;Tr 03/01/63 Broad 9-23-14-4 Creek Coon Branch From source to Cedar C;Tr 03/01/63 Broad 9-23-14-5 Creek Youngs Creek From source to Cedar C;Tr 03/01/63 Broad 9-23-14-6 Creek Piney Creek From source to Cedar C; Tr 03/01/63 Broad 9-23-14-7 Creek . Bills Creek From source to Cove C 03/01/63 Broad 9-23-15 Creek ~- Knob Creek From source to Broad C 08/01/98 Broad 9-24 River BROAD RI\7ER From Rutherford County WS-IV 08/01/98 Broad 9-(24.3) SR 1167 to a point 0.4 mile upstream of mouth of Mountain Creek Page 2 of 9 North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: ~ C' ^ ~ 3 ---'p 6 Project: g i ~ $ ~h j Latitude: Evaluator: ~ - ~~'~`t-'f1~ (~( Site: C (.~ _ 3 Longitude: Total Points: ~ ~ [,,~~~~'~~ Other L Lvl?-ir Stream is at least intermittent •~ /' Coun F~"' e.g. Quad N e: ~~ t"•- if Z 19 or erennial if Z 30 t~ A. Geomor holo Subtotal = ~ ~ Absent Weak Moderate Strong 18. Continuous bed and bank 0 1 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 2 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 3 98 Natural levees 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 a Man-made ditches are not rated; see dis~c^u-ssions in manual 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or rowin season 0 1 2 ~3 16. Leaflitter 1.5 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C: Rinlnnv lCuhtntal = D ~ ~ 1 20b. Fibrous roots in channel 3 2 1 0 21°. Rooted plants in channel 3 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0 Other = 0 - Items ZO antl Z1 tocus on the presence of upiana plants, item za tocuses on me presence or aquauc or weudnu pmrns. Sketch: Notes: (use back side of this form for additional notes.) North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: ds' - ~?3 - 0 (., Project: (~ i ~-C.~ S M'C' N Latitude: Evaluator: N ~ ~~~~ ,J Site: C ~ ~~ Longitude: Total Points: Other Stream is at least intermittent ~ l , f^ " County: ~q ~~~ e.g. Quad Name: ~-~"{L~ L-(.(L~ if Z 19 or erennial if Z 30 ` / A. Geomor holo (Subtotal = ~ Absent Weak Moderate Strong 18. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 1 2 3 98 Natural levees 0 1 2 3 10. Headcuts 1 2 3 11. Grade controls 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 `Man-made ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 5 • ~ 1 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or rowin season 0 ~ 2 3 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C. Bioloav (Subtotal = ~ 1 20°. Fibrous roots in channel 3 2 1 0 21°. Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5 29 °. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other - 0 "Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) A. Geomor holo Subtotal =~ Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 1 2 3 8. Recent alluvial deposits 0 1 2 3 9 a Natural levees 1 2 3 10. Headcuts 0 1 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existin USGS or NRCS map or other documented evidence. No = 0 Yes = 3 a Man-made ditches are not rated; see discussions in manual B H drolo Subtotal = - 14. Groundwater flow/discharge 0 1 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or rowin season 0 1 O 3 '~ 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18.Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 es = 1.5 C. Biology (Subtotal = ) 20b. Fibrous roots in channel 2 1 0 21b. Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0.5 1 1.5 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other 0 ° Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: (use back side of this form for additional notes.) North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: ~~ X23 - b~ Project: l~~C~~S Jh^~Af Latitude: Evaluator: r(~ ~,~,C~~ Site: ~~ ~ ~~ Longitude: Total Points: Other Stream is at least intermittent 2v -~ County: ~~~t; jrt e.g. Quad Name: ~-rr[-~ ~~~ if t 19 or erennial if Z 30 ,J A. Geomor holo Subtotal = ~ ) Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active/relic floodplain 0 1 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 2 3 8. Recent alluvial deposits 1 2 3 98 Natural levees 0 1 2 3 10. Headcuts 0 1 3 11. Grade controls 0 0.5 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existin USGS or NRCS map or other documented evidence. No = 0 Yes = 3 e Man-made ditches are not rated; se~e}d'isfcu~ssions in manual t2 LJvrdrnlnnv /Giti4n4~1 - X ~\ \ 14. Groundwater flow/discharge 0 1 3 15. Water in channel and > 48 hrs since rain, or Water in channel - d or rowin season 0 1 ~ 3 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 r Rinlnnv (Ruhtntal = 1 1 1 20b. Fibrous roots in channel 3 2 1 0 21b. Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 1 2 3 24. Fish 0.5 1 1.5 25. Amphibians 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1. 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2. ;Other = 0 " Items 20 and 21 focus on the presence of upland plants, item ~y rocuses on the presence or aquatic or wetiana prams. Sketch: Notes: (use back side of this form for additional notes.) North Carolina Division of Water Quality -Stream Identification Form; Version 3.1 Date: ~~ - 2~ - cE, Project: (~(~ s ~~~ Latitude: Evaluator: N E~~~~ Site: Lit ~~ Longitude: Total Points: _ Other Stream is at least intermittent ~j ~ County ~~ r' ifs 19 or erennial if z 30 !-~ ~ ~ 1 ~~1't~ l7 e. g. Quad Name: ~-~- ~-- A. Geomor holo Subtotal = ~ ) Absent Weak Moderate Strong 1a. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In-channel structure: riffle-pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 1 2 3 5. Active/relic floodplain 0 1 2 3 6. Depositional bars or benches 1 2 3 7. Braided channel 0 • 2 3 8. Recent alluvial deposits 0 1 2 3 98 Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existin IJSGS or NRCS map or other documented evidence. No = 0 Yes = 3 a Man-made ditches are not rated; seeLdis~cussions in manual R Hvrirnlnnv tai ihtntal = ../ 1 14. Groundwater flow/discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or rowin season 0 1 2 3 16. Leaflitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C Rinlnnv fSuhtntal = ~ 1 20°. Fibrous roots in channel 3 2 1 0 21°. Rooted plants in channel 3 2 1 0 22. Crayfish 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1.5 27. Filamentous algae; periphyton 1 2 3 28. Iron oxidizing bacteria/fungus. 0 0.5 1 29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2 ,Other = 0 "Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetiano plants----~ Sketch: Notes: (use back side of this form for additional notes.) USACE AID#, DWQ#, Site # (indicate on attached map) ~ ~ ~ ~ ~ STREAM QUALITY ASSESSMENT WORKSHEET Provide the following information for the stream reach under assessment: 1. Applicant's name: Vista Developers 2. Evaluator's name: Yelverton 3. Date of evaluation: 5-23-2006 4. Time of evaluation: mid-dam 5. Name of stream: UT to Broad River 6. River basin: Broad 7. Approximate drainage area: 75 ac. 8. Stream order: second 9. Length of reach evaluated: 50 feet 10. County: Rutherford 11. Site coordinates (if known):35.4375N / 82.1428 W 12. Subdivision name (if any):_Bill's Mountain 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):- Channel B 14. Proposed channel work (if any): channel fill & floodin¢ 15. Recent weather conditions: hot 16. Site conditions at time of visit: hot and 17. Identify any special waterway classifications known: ^Section 10 ^Tidal Waters ^Essential Fisheries Habitat ^Trout Waters ^Outstanding Resource Waters ^ Nutrient Sensitive Waters ^Water Supply Watershed _ (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES^ NO® If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES^ NO® 20. Does channel appear on USDA Soil Survey? YES® NO^ 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 100% Forested _% Cleared /Logged _% Other 22. Bankfull width: 4-6' 23. Bank height (from bed to top of bank): 1-4' 24. Channel slope down center of stream: ^Flat (0 to 2%) Gentle (2 to 4%) ^Moderate (4 to 10%) ^Steep (>10%) 25. Channel sinuosity: ^Straight Occasional bends ^Frequent meander ^Very sinuous ^Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 63 Comments: Good Quality second order stream with some degrradation probably from being_lo~,ged in the past. Evaluator's Date 5-23-2006 L STREAM QUALITY ASSESSMENT WORKSHEET ~ b °` r ~ ;- , ECOREG ION POINT R:A~f"~ ~-r~-~~ ~ f. ~ SORE ~ C' TICS - 4- ~. t ,:,M Coasfal Fedinont z '' M© , _ ~ _.~;~ 000 Presence of flow ipersistent-pools in stream 0 - 5 0 - 4 0 - 5 3 ` `• O 1 no flow or saturation = 4; strop flow = max Dints ~~~X 4 ft: Evidence of past human alteration 0- 6 0- 5 0- 5 3 ,~. ~. 2 extensive alteration = 0; no alteration = max Dints' . }~ Riparian zone 0- 6' 0- 4 b- 5 5 3 no buffer = 0; Conti ous, wide buffer ° max Dints Evidence of nutrient or chemical discharges 0- 5 0- 4 0- 4 4 4 extensive dischar es = 0; no dischar es = max Dints ~~, Groundwater discharge 0- 3 0- 4 0- 4 1 5 no dischar e = 0; s rip s, seer s, wetlands, etc. = max Dints Presence of ad scent floodplain J, 0-4 0-4 0-2 1 6 ~^ no flood lain = 0; extensive flood lain.=max Dints Entrenchment /floodplain access 5 0 0- 4 0- 2 0 ~ ,~ dee 1 entrenched = 0; fre uent floodin = max Dints - Presence of adjacent wetlands 0.6 0- 4 0- 2 0 8 no wetlands = O; lar e adjacent wetlands = max Dints Channel sinuosity 0- 5' 0- 4 0- 3 1 9 extensive channelization = 0; natwal meander = max Dints Sediment input 0- 5 0- 4 0- 4 3 10 extensive de osition= 0; little or no sediment = max Dints ` Size & diversity of channel. bed substrate ~TAa~,rt ; }' 0 - 4 0 - 5 4 11 ~.t~~ fine, homo enous = 0; lar e, diverse sizes:= max Dints ~, Evidence of channel incision or widening 0 - 5 0 - 4 0 - 5 3 12 dee 1 incised = 0; stable bed & banks. = max Dints Presence of major bank failures 0 - 5 0 - 5 0 - 5 3 13 T severe erosion = 0; no erosion, stable banks = max Dints Root depth and density on banks 0 - 3 0 - 4 0 - 5 4 r 14 no visible roots = 0; dense roots thro out = max Dints ` ' Impact by agriculture, livestock, or timber production 0 - 5 0 - 4 0 - 5 3 15 substantial im act =0; no evidence = max Dints Presence of riffle-poollripple-pool complexes 0- 3 0- 5 0- 6 5 ~r 16 no riffles/ri les or Dols = 0; well-develo ed = max Dints Habitat complexity 0- 6 0- 6 0- 6 5 17 little or no habitat = 0; fre cent, varied habitats = max Dints F 18 ~~.. Canopy coverage over streambed no shadin ve etation = O; continuous cano = max Dints 0-5 0-5 0-5 5 Substrate embeddedness ~:. ~~* ,,' . 0 - 4 0 - 4 4 19 q ~ dee 1 embedded = 0; loose structure = max Presence of stream invertebrates (seepage 4) 0-4 0-5 0-5 3 20 no evidence = 0• cormnon numerous es = max Dints Presence of amphibians 0- 4 0- 4 0- 4 1 _: 21 no evidence = 0; common, numerous es = max Dints. ~ ~ 22 Presence of fish 0 - 4 0 - 4 0 - 4 0 no evidence = 0; common, numerous es = max Dints ~° Evidence of wildlife use 0 - 6 0 - 5 0 - 5 2 23 ~'' nt evidence max ointsl no evidence = 0, abund f ~ a ~oss~b7e~ ~` 3 ~; ~ ~ , #,. o~ts 1{b. ~ 100: _ ~ ~~~~~ _ , , ~,.~.~ . }~~ ~ ~ i' ~ J ~~ r x~~ a d inter bn first l SCORE' ~ ~ 63 f &~ iF r p b s (a `TOTAL a~ { ~ - - - - - * These characteristics are not assessed in coastal streams. j USACE AID# DWQ # Site # (indicate on attached map) ~ L_ i ~ ~ ~ i STREAM QUALITY ASSESSMENT WORKSHEET `' Provide the following information for the stream reach under assessment: 1. Applicant's name: Vista Developers 2. Evaluator's name: Yelverton 3. Date of evaluation: 5-23-2006 4. Time of evaluation: mid-day 5. Name of stream: UT to Broad River 6. River basin: Broad 7. Approximate drainage area: 75 ac. 8. Stream order: second 9. Length of reach evaluated: 50 feet 10. County: Rutherford 11. Site coordinates (if known)35.4375N / 82.1428 W 12. Subdivision name (if any): Bill's Mountain 13. Location of reach under evaluation (note nearby roads and landmazks and attach map identifying stream(s) location): Channel 4B ._--- 14. Proposed channel work (if any): channel flooding 15. Recent weather conditions: 16. Site conditions at time of visit: hot and 17. Identify any special waterway classifications known: ^Section 10 ^Tidal Waters ^Essential Fisheries Habitat ^Trout Waters ^Outstanding Resource Waters ^ Nutrient Sensitive Waters ^Water Supply Watershed _ (I-IV) 18. Is there a pond or lake located upstream of the evaluation point? YES^ NO® If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES® NO^ 20. Does channel appeaz on USDA Soil Survey? YES® NO^ 21. Estimated watershed land use: _% Residential _% Commercial _% Industrial _% Agricultural 100% Forested _% Cleazed /Logged _% Other ( ) 22. Bankfull width: 4-6' 23. Bank height (from bed to top of bank): 1-4' 24. Channel slope down center of stream: ^Flat (0 to 2%) Gentle (2 to 4%) ^Moderate (4 to 10%) ^Steep (>10%) 25. Channel sinuosity: ^Straight Occasional bends ^Frequent meander ^Very sinuous ^Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the chazacteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the chazacter of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 64 Comments: Good Ouality second order stream with some degradation probably from being lo~¢ed in the mast. Evaluator's Date 5-23-2006 L STREAM QUALITY ASSESSMENT WORKSHEET ~,,~ ,,~ r.~..: r :... ~ ~R~ ' ECOREOIONPOINT ~ ~, ~~. ~~0~ 1 ~ ~ T~RISTICS ~ , lt~ / .Coastal Pictlmont _ , y< 000 Presence of flow / persistenf .pools in stream 0 - 5 0 - 4 0 - 5 3 O 1 °~ no flow or saturation= 0; strop flog;~ = max oints _ ` Evidence of past human :alteration 0-6 0-5 0-5 3 ~ 2 ~,: extensive alteration = 0; no alteration = max oints * Riparian zone 0- 6 0- 4 0- 5 5 k 3 no buffer = 0; Conti ous„wide buffer = max oints ~ 3r.;' 4 Evidence of nutrient or chemical discharges 0-5 _ 0 4 0-4 4 . extensive dischar es = 0; no dischar es = max oints ~"~-.. a Groundwater discharge 0 - 3 0 - 4 0 - 4 0 `'` ~ 5 = max oints etc wetlands rip = 0 di h . , s, see s, ; s ar e no sc ,,.~.~, Presence of adjacent floodplain 0 - 4 0 - 4 0 - 2 1 ~ 6 no flood lain = 0; extensive flood lain ° max ~ oints Entrenchment) floodplain access 0- 5 0- 4 0- 2 1 ~;` ~ dee 1 entrenched = 0; fre uent floodin ° max oints ;, $~ Presence of adjacent wetlands 0-6 0-4 -0-2 0 8 (no wetlands = O; lar a adjacent wetlands -= max oints Channel sinuosity 0- 5 0- 4 0- 3 2 9 ~~~' extensive channelization = 0; natural meander = max oints ~. 10 Sediment input 0- 5 0- 4 -0- 4 3 extensive de osition= 0; little or no sediment= max oints i ~y~ ' Size & diversity of channel bed substrate ' NA*~' '~ 0-4 0-5 4 ~,~, 11 ~ ~~; fine, homo enous = 0; tar e, diverse. sizes = max oints Evidence of channel incision or widening 0 - 5 0 - 4 0 - 5 3 A 12 ~ dee 1 incised = 0; stable bed & banks = max oints ` ~ Presence of major bank failures 0-5 0-5 0-5 3 13 ' ~ severe erosion = 0; no erosion, stable banks = max oints , Root depth and density on banks 0 - 3 0 - 4 0 - 5 4 14 no visible roots = 0; dense roots throu out = max oints ~ ` s 1 Impact by agriculture, livestock,. or timber production 0 - 5 0 - 4 0 - 5 3 5 ;; substantial im act =0; no evidence = max oints Presence of riffle-pool/ripple-pool complexes 0- 3 0- 5 0- 6 5 16 ~ no riffles/ri les or ools = 0; well-develo ed = max oints , f ~` Habitat complexity 0- 6 0- 6 0- 6 5 1 ~ little or no habitat = 0; fre went, varied habitats = max oints Canopy coverage over streambed 5 0 0- 5 0- S 5 18 no shadin ve etation 0; continuous cano = max oints - Substrate embeddedness NA*' `° 0 - 4 0 - 4 4 19 ~` ~ dee 1 embedded = O; loose structure = max . ' •°' +~- ~ Presence of stream invertebrates (see page 4) 0-4 0-5 0-5- 3 i 20 no evidence - 0• commo numerous es = max oints ~ ~~ Presence of amphibians 0- 4 0- 4 0- 4 1 21 (;~ no evidence = 0; common; numerous es = max oints . , 22 Presence of fish 0- 4 0- 4 0- 4 0 no evidence = 0; common, numerous es = max oints Evidence of wildlife use 0- 6 0- 5 0- 5 2 23 't no evidence = 0; abundant evidence may omts) ~, to ~ owl 03n s iassible ~. ~' ` ~~ ~ l00 a i 00 - ~ r u,, ~'~, ,~ ;.. t ' f • + '" `y i ~ ' a ~ I .' t ;: ~ ' -"~ ~ ~~ t 2 r ~3"ft .'~,P s ~ e-_ ` +/ 'T4~` ~-. s; `~~rA n4.,(~ r~~~~h~ ?^~` ~1; x ; a ~ ~ ~ ~ ~' ~ "' ~ ~`T'O~~I~ SCORE (also enter on first ~ag~) t ii ~ 64 ~~,a f, * These characteristics are not assessed in coastal streams. Attachment #8 Photographs Bill's Mountain - NC DWQ Stream Form Pics (05-23-2006) Stream Form #1 (Channel B) Stream Form #2 (Channel 3B) Stream Form #3 (Channel 4B) Stream Form #4 (Channel 6B) Stream Form #5 (Channel 5B) Attachment #9 Coldwater Release Design Typical _~~` DAM WATER /j _. %l/%%% ~%%/%///////l/ _~ ~ _~ - Figure 1, Cololwater Release Drainpipe Design Typical Attachment #10 Adjacent Landowner List Bill's Mountain -- Adiacent Landowner List Charles Dalton 152 Old Mill Rd Lake Lure, NC 28746 Hazel Smith 220 White Pine Dr Asheville, NC 28805 Mrs M.G Johnson 666 Walker Farm Rd Gaffney, SC 29340 John D. Howard 1825 Dandridge Ave Knoxville, TN 37915-1907 Vivian T. Howard 1825 Dandridge Ave Knoxville, TN 37915-1907 Kathleen Moore 79 Linden Ave Asheville, NC 28801 Lawrence Alexander 4910 Hoover Drive Charlotte, NC 28213 Jacob Michael Haynes 39 Cassada Rd Marshall, NC 28753 Bradley D. Brown 225 Old Brick Lane Rutherfordton, NC 28139 Scarlett L. Barron P.O Box 1142 Rutherfordton, NC 28139 Mack Earl Williams 1009 High Country Lane Hendersonville, NC 28792 Charles Thomas and Rebecca Gaddy Wright 5794 US64/74 Hwy Lake Lure, NC 28746 Susan Lee Chapman Brooks 7870 Bridgeview Rd Rocky Mount, NC 27803 Sue Chapman, Whiteside Trust And Thomas M. Austin, Trustee P.O Box 187 Jonesville, NC 28642 Salvatore and Marta. Costa, J Rev Trust 18 E. Pelican Street Naples, FL 34113 McCarthy, DF Investments XV LLC 167 Commerce Blvd Loveland, OH 45140 Hardy. and Janet Huntley 7801 Park Blvd Plant City, FL 33565 John W. Repasky 3432 Hwy 319 E Conway SC 29526 Lee Owens and Helen J. Lathan c/o Jeffrey Lathan 2410 Liberty Rd Greensboro, NC 27406 Katherine Louise Montgomery & Anna Jean Montgomery 154 Rock Branch Rd Lake Lure, NC 28746 Jeanette and Douglass K. Bryant 7 Franko Ave Piscathway, NJ 08854 Walter G. and Hester Montgomery 197 Rock Branch Rd Lake Lure, NC 28746 Eric Lee and Mary Delilah Thompson P.O Box 1145 Rutherfordton, NC 28139 Mickie Sylvanus Whiteside P.O Box 152 Lake Lure, NC 28746 Edith M. McGant and others 16708 Eldamee Cleveland, OH 44128 Ruth Horne and Julius Edgerton 305 W. Terrell Greensboro, NC 27406 Peter L. and Debra A. Gellert 253 Rock Branch Road Lake Lure, NC 28746 William M. Flynn Heirs 231 Short Flint Street Asheville, NC 28801 Millard Edgerton Heirs 231 Short Flint Street Asheville, NC 28801 Howard D. and Andrea Posey 1260 Martin Smith Road Gilbert, SC 29054 Kenneth W. and Brenda E. Hall 12113 Targate Drive Charlotte, NC 28273 Renaissance Builders LLC 152 E Main Street Forest City, NC 28043 Wayne E. and Tara Cabral 30 Ridge Rd Shirley, NC 11967 Martha Jane Noblett Melton 830 Bills Creek Rd Lake Lure, NC 28746 Lester and Sue Wilson 850 Bills Creek Rd Lake Lure, NC 28746 Tessneer, Arthur and Verlan 1261 Bills Creek Rd Lake Lure, NC 28746 Zelma W. Young and Leslie Dionne Co Trustees 6023 N Alton Ave Indianapolis, IN 46228 Attachment #11 NC EEP Acceptance Letter 1.- --Eco tem PROGRAM September 14, 2006 Neill Yelverton P O Box 882 Canton, NC 28716 Project: Bill's Mountain County: Rutherford The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Lineaz Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Ri arias Non-Ri arias Coastal Marsh Cold Cool Warm Broad 0 0 0 0 1,074 0 0 0 03050105 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the . compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact David Robinson at (919) 715-2228. Sincerely, n _ n illiam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Steve Chapin, USACE-Asheville Kevin Barnett, DWQ-Asheville File R.~,sto~~;t-t~... ~ ... Pv~ot~ Ocrv~ Stag e~~ NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net Attachment #12 Qualitative Analysis of Cumulative Impacts Qualitative Analysis of Cumulative Impacts For The Vista at Bi//'s Mountain Vista Deve%pers, LLC. Rutherford County, North Carolina November 28, 2006 Prepared by: Wetland and Natural Resource Consultants Introduction Current regulations applicable to the issuance of 401 Water Quality Certifications require that the Division of Water Quality confirm that the project it is evaluating "does not result in cumulative impacts, based upon past or reasonably anticipated future impacts, which cause or will cause a violation of downstream water quality standards". DWQ currently utilizes the following documentation to implement its regulatory obligation to evaluate cumulative impacts: "Draft Internal Policy, Cumulative Impacts and the 401 Water Quality Certification and Isolated Wetland Program. NC Division of Water Quality, October 3, 2002, Version 1.6". DWQ's policy provides for three levels of cumulative impact analysis. Most small scale projects where little impervious surface is added and where the project is situated in an already developed locale will only require a "Generic Description" of the project's possible cumulative impacts. A "Qualitative Analysis" is required for projects of somewhat more impact that are located near existing roads and development. A "Quantitative Analysis" is required where a project insignificantly and is likely to have a growth stimulating effect. DWQ's policy provides that it is applicable to private development projects, although it recognizes that "many private development projects are unlikely to cause cumulative impacts". DWQ recognizes that private development projects most commonly have cumulative impacts when they are "1) relatively large, 2) involve commercial development, and 3) occur in otherwise relatively undeveloped landscapes with an impact on regional growth patterns". For Bill's Mountain, a qualitative analysis of the potential cumulative impacts of the project in terms of its effects on downstream water quality should be appropriate. To determine potential cumulative impacts, this project was reviewed for any growth stimulating effects and their downstream impacts on water quality. As described in greater detail below, the applicant does not believe that the project will result in cumulative impacts that cause or will cause a violation of downstream water quality standards because it is not likely to be growth stimulating due to its size, its nature, and the fact that it will be constructed in an otherwise relatively developed local landscape. Project Description Vista Developers, LLC is proposing the construction of an approximately 7.45- acre lake to provide the central amenity to a 769-acre tract known as Bill's Mountain. The site plan consists of a residential development with approximately 230 single-family lots and 32 multi-family units. On site, development in Phase I & II is already underway. Some housing units are under construction, and road construction is ongoing. Previous impacts were permitted under a Nationwide Permit 39 (Action ID#200630549). Location & Physiograpgy Bill' Mountain is located off Bills Creek Road, east of Lake Lure in Rutherford County, North Carolina. It is situated on the east side of Bills Creek Road, and to the north of Hwy. 64. The Site is in the Southern Inner Piedmont physiographic province of North Carolina within USGS Cataloging Unit 03050105 of the Broad River Basin. Elevations within the Site range from approximately 1000 to 1850 feet National Geodetic Vertical Datum (USGS Lake Lure, NC 7.5-minute topographic quadrangle). Existing Site Conditions The site is primarily forested. Ridges and peaks are dominated by mixed mesic hardwood stands of differing age classes; the valleys are primarily rich cove rhododendron thickets. There is some agricultural land on site also. There are existing logging roads within the property boundary. Project Area Description The project is located approximately three miles west of the Town of Lake Lure, North Carolina. The Lake Lure area has been, and continues to be, part of the largest resort area in Rutherford County. Lake Lure, Chimney Rock, and other regional forest and recreation areas within close proximity are seasonal destinations for outdoor enthusiasts and prospective "second home" buyers. The Town of Lake Lure has just over 1000 permanent residents. This population along with the growing seasonal population has instigated commercial and residential development in the area. The main commercial development in Lake Lure is along the NC Highway 64 corridor and/or adjacent to the lake itself. Watershed Description This project is located in the Broad River Basin. The proposed lake is located on UT's to the Broad River located on the southeastern portion of the properly. The Bills Mountain Site also contains UT's to Bills Creek and UT's to Cove Creek. All streams and unnamed tributaries on the site are classified as "C" waters. Class "C" waters are defined as "freshwaters protected for secondary recreation, fishing, aquatic life including propagation and survival, and wildlife." All wetlands are associated with on-site channels. They are seeps located along and above channels; they are groundwater seeps that may or may not support vegetation, typically sphagnum moss (Sphagnum spp.) and sedges (Carexspp.). Project Induced Growth The project is not likely to induce adjacent development primarily because there are no services, utilities, or roads being constructed by the Vista Developers, LLC that will be available to adjacent landowners or the general public. There is no commercial development directly associated with site development and any induced commercial growth will be accommodated by the Town of Lake Lure. The members of this new community are likely to shop and dine at the local restaurants and retail stores in the Lake Lure area. The majority of the residents at Bill's Mountain will be baby-boomers who do not have school aged children. Therefore, no schools or other related supporting development will occur due to the development of Bill's Mountain. Summary Vista Developers, LLC proposes to develop this project in accordance with likely conditions in the 401 Water Quality Certification and the 404 Permit authorizations. The purpose of implementing these guidelines is to protect the downstream water quality in the area of the project. Other development that occurs in the same watershed will likely be restricted to similar conditions providing protection to surface waters. Because of the projects close proximity to Lake Lure and the NC Highway 64 corridor, the applicant does not believe that any potential effects on growth will occur due to the development of Bill's Mountain.