20050143 Ver 1_Complete File_20050125

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Ivan Gay
P.O. Box 1439
Denver, NG 28037
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
05
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Alan W. Klimek-, P.E. Director
Division of Water Quality
March 4, 2005
DWQ# 05-0153
Catawba County
Subject Property: Lot 11, Marina Lane, Sherrills Ford
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 2B.0243) with Additional Conditions
Dear Mr. Gay:
You have our approval, in accordance with the attached conditions and those listed below, to place fill in or to
otheMise impact approximately 0.02 acres of surface waters and 0.03 acres of riparian buffer for the purpose
of installing riprap along approximately 150 linear feet of shoreline on Lake Norman, as described in your
application received by the Division of Water Quality (DWQ) on February 7, 2005. After reviewing your
application, we have determined that this project is covered by Water Quality General Certification Number
3492, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. The General Certification
allows you to use the U.S. Army Corps of Engineers (USACOE) Regional Permit No. 198200030 when issued.
This letter also serves as your approved Authorization Certificate for impacts to the protected riparian buffers
per 15A NCAC 2B .0243. Please note that you should get any other federal, state or local permits before
procbedind with your project, including those required by (but not limited to) Sediment and Erosion Control,
NontDischprge, and Water Supply Watershed regulations.
This Certification will expire when the associated USACOE's 404 permit expires unless otherwise specked in
the General Certification. This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us in writing, and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certificatiojn and approval letter, and is thereby responsible for complying with all conditions. If the total
wetland fill Ifor this project (now or in the future) exceeds one acre, compensatory mitigation may be required
as dlescrii?d in 15A NCAC 2H .0506 (h).
In additionto the requirements of the certification, you must also comply with the following conditions:
1. No trees shall be removed from the buffer except along the immediate shoreline [within two (2) feet] and
impacts to ground cover shall be kept to a minimum during the installation of the riprap.
2. There shall be no sloping of the shoreline to accommodate the placement of the riprap.
3. All storm water shall be directed as diffuse flow at non-erosive velocities through the protected lake buffers so
as not ;o re-concentrate before discharging into the lake [as identified in 15A NCAC 2B .0243 (5)].
?V?lucra!!
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Phone [phone]
Internet hao enr state c us Mooresville, NC 28115 Fax [phone]
An Equal Igpportunity/Affirmative Adios Employer- 50% Recydecill0% Post consumer Paper
l
Page 2
4. Upon completion of the project, the applicanttresponsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401 /Wetlands Unit.
If you do not accept any of the conditions of this certification, 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 (that
conforms to Chapter 1506 of the North Carolina General Statutes) to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless
you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If
you have any questions, please telephone Polly Lespinasse in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,

for Alan W. Klimek, P.E.
PUpI
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power Lake Management
Wetlands Unit- Cyndi Karoly
Dean Fisher, Lake Norman Custom Dock
Central Files
File Copy
r
MEMORANDUM
TO: John Dorney Regional Contact: Barnett. Kevin
Non-Discharge Branch WQ Supervisor: FnrrPSt WPstnll
Date:
SUBJECT: i WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name 'Linville Resorts Inc : Water System Improvements County Avery
Project Number !05 0143 County2
Recvd From !APP Region Asheville
Received Date 1/25105 Recvd By Region
Project Type ;waterline
Certificates Stream
Permit Wetland' Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
12 Stream O ?' ? N ? ? 11-?9-(4.5) ? Tr 30,830. F__ 30.00
Miticiation Wetland
MitigetionType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y © N
Is Mitigation required? Q Y (0 N Recommendation: Q Issue 6 issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
e -
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date, 2/3/05 Project Name: Linville Resorts Inc.
DWQ#: 05-0143
County: Avery
To: Kevin Barnett, Asheville Regional Office
60-day Processing Time: revised 1/25/05 to 3/25/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Q Stream length impacted
E:i Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
Mitigation Ratios
Ditching
Are the stream and or wetland mitigation sites available and viable?
F] Check drawings for accuracy
Is the application consistent with pre-application meetings?
n4 Cumulative impact concern
4-?
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 apk 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!
hhh-
CIVIL/ENVIRONMENTAL/WATER/WASTEWATER
January 18, 2005
JOHN T. COREY
CONSULTING ENGINEERING, P.A.
PAYMENT
Xft. John Dorney
NCDENR RECEIVED
Division of Water Quality,
401 Wetlands Certification Unit
1650 Jtlail Service Center
Raleigh, North Carolina. 27699-1650
Re: Linville Resorts, Inc.
6" Water Line Crossing
Linville River, Avery County
Our File 04009
Dear Mr. Domey
aR@Tgwq
JAN 2 5 2005
DEW - ?rxis?H
Attached please find a copy of the PCN Application for the above referenced
project. A copy was also sent to Corps of Engineers, Asheville office.
The crossing will parallel a 4" force main crossing previously constructed, I
believe in the year 2000.
A check in the amount of $200.00 is unclosed for the application fee.
Thank you for your consideration in this matter.
Sincerely,
JTCIpc
Enclosure
cc: Bentley Parlier
JOHN.T. COREY, P.E.
PRESIDENTi
53 FOX CHASE RD. WEST
ASHEVILLE, N.C. 28804
John T. Coxey Consulting Engineering, P. A.
John T, Coxey, E.
PHONE [phone]
FAX [phone]

a[A@@OV21
JAN S 5 2005
Office Use Only: AW TS
USAGE Action ID No.
Form Version May 2002
or "N/A".)
any particular item is not applicable to

050143
DWQ No.
project, please enter "Not Applics
wing
1. Chec of the approval(s) requested for this project:
Section 404 Permit ?
PAYMENT ? se-own 10 Permit ?
RECEIVED M4i ater Quality Certification
Riparian or Watershed Buffer Rules
Isolated Wetland Permit from DWQ
2. Nationwide, Regional or. General Permit Number(s) Requested: ??-
3. If this notification is solely a courtesy copy because-written approval for the 401_ Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1.
Telephone Number: - Slo Fax Number: 8a8- 733 _ gG d8
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 5 of 12
1 ? -
r I
in. 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 MRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
VSACE 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 nags are provided.
1. Name of project: l.?•FY?VE'y?'y7?5- li' - .-/#- E "r'?vG.
2. T.I.P. Project Number or State Project Number (NCDOT Only):
?••. 3. property Identification Number (Tax PIN): SS O 1 SSS-' :37
4. Location
County: Nearest Town:
Subdivision name-(include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): ZI-S aFA/ otIG A?/ L?,'Vil&Ze
- - .- - Z. --
,S0O
5. Site coordinates, if available (LTTM or Lat/Long):
(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): 41i¢
7. Nearest body of water (stream/river/sound/ocean/lake): l?•tJ!//LL?' ?i?/2
8. River Basin:
(Note - this must be one of North Carolina's seventeen designated mayor river basins. The
River Basin map is available at httv://h2o.enr.state.nc.us/admin/Daps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: S/TgE /S Fj? P45V P • 6A!A'L--oPAG G,#•
Page 6 of 12
}
10.
the overall project in detail, including the type of equipment to be used:
11.
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.
?DC?TiD.y3?1?E'ii?6 a7o?0.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
I
1. Provide a written description of the proposed impacts:
2. Individually list wetland impacts below: 1-4
Wetland Impact
Site Number
indicate on map)
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***

T :. -.-16 ;,,,,,-t QP +U' mtPry and identify t errmora V im nacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching//drainage, etc. For dams, separately list impacts due to both structure and flooding.
ss 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(Fly, or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-35&9616, or
online at bM://www.fema gov.
sss List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (&UMMMIoa of isolation to be made by USAGE 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
(indi?ate on mV
Type of Impact* Length of
Impact
feet
Stream Name" Average Width
of Stream
Before Impact Perennial or
Intermittent?
leases i )

* and identif
l temporary impa cts Impacts include, but are not limited to: culve rts and associated rip-rap,
y
y
Last each rmpact separate
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.QOV. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
M?V-W.m_Muest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 3L /
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: A/?
Open Water Impact
Site Number
(indicate on my)
Type of Impact* Area of
impact
acres
)
Name Waterbody
(if applicable) Type of Waterbody
(?, pond, estuary, sound,
, ocean, etc.

• List each act s eparately and ide?fv ter m v imvacm Impacts include, but an not lim ited to: Sll, excavation, dredging,
?p
flooding, drainage, bulkheads, etc.
5. Pond Creation A? ///
i If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., damlembankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII, i 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
i were minimized once the desired site plan was developed. If applicable, discuss construction
tPChninnes to be followed during construction to reduce impacts.
VIII. ! Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
-2 <-i4c ,6a? ef"tV ffAc l•?iG L O? i? rio vs
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
or USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httv://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
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 offshe), 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 Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http•//h20.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information: --f-1114
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
UL Environmental Documentation (required
Does the project involve an expenditure
(federal/state) land?
Yes ? No
by DWQ)
of public (federal/state) funds or the use of public
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 ?
). 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 VU 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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), 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.
mitigation is required calculate the required amount of mitigation by applying
multipliers.
InIvact
Zone'
feet)
Multiplier
wired
1 3
2 1.5
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.
If buffer
the buffer
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
M. $tormwater (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.
XH. 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.
s a
X1[l[I. ';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 ap 1' on?
Yes ? No (
MV. 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).
i
k C)
licant/Agent's Signature Date
(Agents'signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
S
3630
--3625
x - 3620
_ _ g1 1 \ 3615
___y /, (_ 3610
2-6"-45'
BEND 610

6" D.I.P. CL 350
WATER LINE FROM
STA. 36+85 TO STA. 38+35
11
i? •? ? X620
??' 3625
3-6"-45'
BEND

N
9
3535
3630
3625
3620
6" D
WATER
FROM STA. 36+85
3615
3610
3605
3630
3625
3620
3615
3610
3605
3600
-FI1111111111111111113595
38+50 39+00 39+50