20041837 Ver 1_COMPLETE FILE_20041115

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
' November 23, 2004
Samuel Cykert & Nancy W. Phifer
607 Chancery Place
Greensboro, NC 27408
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1837
Burke County
Subject Property: Mallard Cove Subdivision, Phase 1, Lot# 7,(2217 Mallard Cove Drive, Nebo, NC)
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Cykert & Ms. Phifer:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.012 acres of waters for the purpose of installing rip rap and large boulders to
stabilize 275 feet of shoreline at the subject property, as described within your application dated
November 12, 2004 and received by the N.C. Division of Water Quality (DWQ) on November 15, 2004.
After reviewing your application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3373 (GC3373). The Certification(s) Allows you to use General Permit Number
198200030 when issued by the US Army Corps of Engineers (U$ACE). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units) Plan Location or Reference
Shoreline 275 (feet)
Waters 0.012 (acres)
Buffers n/a (square ft.)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/nmetlands
cif Carolina
1V?turallff
An Equal Opportunity/Affirmative Action Employer- 50% Recyded/10% Post Consumer Paper
Mr. Samuel Cykert & Ms. Nancy Phifer
Page 2 of 3
November 23, 2004
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated; and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters
is unavoidable, they shall be removed and the natural grade restored within six months of the date
that the Division of Land Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,

Mr. Samuel Cykert & Ms. Nancy Phifer
Page 3 of 3
November 23, 2004
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly in the Central Office in Raleigh at 919-
733-9721 or Kevin Barnett in the DWQ Asheville Regional Office at 828-296-4500
Sincerely,
f Alan W. Klimek, P.E.
AWK/bs
Enclosures: GC 3373
Certificate of Completion
cc: Sue Harmon, Permits Etc
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files -
Filename: 041837 Samuel Cykert and Nancy Phifer (Burke) 401
-0 coq ecVLA,
Th following is afa e late a lilion form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of $200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre. 401 iSS ED
Applications should be sent to:
Division of Water Quality Wetlands Unit 041837
1650 Mail Service Center Raleigh, NC 27699-1650
F9 r= V D
L Applicant Information
NOV 1 5 2004
1. Owner/Applicant Information
OENR -WATER QUALITY
Name: SAMUEL CYKERT & NANCY W. PHIFER WE"ll All sTORMWATER BRANCH
Mailing Address: 607 CHANCERY PLACE
GREENSBORO, NC 27408
Telephone Number: 336-832-8062 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: SUE HARMON r _
Company Affiliation: PERMITS, ETC.
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704434-0706 Fax Number: 704434-7100
E-mail Address: [e-mail]
IL 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. You may use the diagram below to make a
hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
muel CUker? Nanc?? Val'. PhAr
1. Location
County: BURKE.
Nearest Town
Subdivision name or site address (include phase/lot number):
NEBO
MALLARD COVE / PHASE 1 / LOT #7 (2217 MALLARD COVE DR., NEBO, NC 28761)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 W / RIGHT ON BENFIELD
LANDING RD. / LEFT ON HOLIDAY SHORES AVE./ LEFT ON MALLARD COVE DRIVE
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED RESIDENTIAL LAKE LOT.
3. Property size (acres): 0.50 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE THE SHORELINE TO HELP
PREVENT EROSION BY APPYING LARGE BOULDERS AND RIP-RAP TO THE ENTIRE
LENGTH OF THE SHORELINE OF THIS LOT. THE LARGE BOULDERS WILL BE PLACED ON
APPROXIMATELY 100 LINEAR FEET OF SHORELINE. THEY WILL BE 10-12 FEET IN
HEIGHT. THE RIP-RAP WILL BE APPLIED TO 175 FEET OF SHORELINE AND WILL BE 6-7
FEET IN HEIGHT. (SEE PLAT FOR MORE DETAILS.)
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 275 FT. = 550 SQUARE FEET
8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
above the normal pool lake level and 50 feet land-ward in square feet or acres:
5 FT. X 100 FT. (CLEARED - LG. BOULDERS) + 1 FT. X 175 FT. (CLEARED - RIP-RAP)
= 500 FT. + 175 FT. = 675 SQUARE FEET (NO CONSTRUCTION PATHWAY NEEDED)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): APPROXIMATELY 3 TREES WILL BE REMOVED AND A
SOME UNDERGROWTH. THE TREES WILL BE REPLACED USING THE GUIDELINES
OF THE BURKE COUNTY ORDINANCE. THE DISTURBED AREA WILL HAVE MULCH
APPLIED TO IT.
Applicant/Agent's Si
____..__...._._...---CMI(erf &
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Full Pond
Shoreline
Lake (Full Pond) _
A BARGE WILL BE USED FOR THIS PROJECT.
115` Rip-rap
L/ ? y
ico` Large,&Wers
. 4 N

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*lard C,o\/&

5; Cleared Road
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Please approximatety sketch the following information o xth100 is pt)an
(please provide dimensions for each IteM su6 as 10
dimensions)
1) All proposed vegetation clearing (p
2) Location or rip rap or fig to be placed above the "Norm Pool" elevation
3) Location of rip rap or il to structuresisuch as buildings, retain)ng
4) The location of any proposed
walls docks, etc,
5) The location of any excavation or dridging below the "Normal Pool"
elevation,
6 Location of construction access corridors.
The shoreline length of lot #7 is approximately 275 feet. Approximately 100
linear feet will have large boulders, 10-12 feet in height applied to it.
Approximately 175 linear feet will have rip-rap, 6-7 feet in height applied to
it.
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Neal lard Cove, / bf # 7
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O's - Show 175 linear feet of rip-rap,
6-7 feet in height.
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X's - Show 100 linear feet of large boulders,
10-12 feet in height. This area has a high bank
which ranges from 10 to 15 feet in height. The
area will be cleared 5 feet from the top of the
bank and sloped so that it will hold the boulders.
Any disturbed area without boulders will have
mulch applied to it.
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Nancy W. Phifer
Samuel
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Nctncy W. P ire r
50-mu -t Cy Ier+
Lot 7 Mallard Cove
mug l CU kern I?omact Weic m Phifer
To: North Carolina Division of Water Quality
I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date
P0 Duke
Powers
October 27, 2004
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Ms. Karoly:
DUKE POWER
P.O. Box 1006
Charlotte, NC 28201-1006
Mr. Samuel Cykert, owner of lot 7, Mallard Cove development, located at 2217 Mallard
Cove Drive near Morganton in Burke County, would like to apply for shoreline
stabilization of his lake lot.
I have made a site visit to this lot. I will be happy to review his application for shoreline
stabilization. His application must include approval from your agency and the U.S. Army
Corps of Engineers.
Please call me if you have any questions at 704-382-8577.
Sincerely, /
?. AJct. 1404A-1140 --
I Wade Harmon
Lake Management Representative
www.dukepower.com