20031276 Ver 1_COMPLETE FILE_20031014

oz0? W A r?9p?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Fax To:
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]

Fax #:
Date:
Company:
Number of pages including cover sheet:
Notes or special instructions:

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands
Triage Check List
17
Date: 0 • ' 0 3 _ Project Name: 'i?)V? ?• '??? t ?'`I-s'
DWQ#: n 3 -
County: Udwetl
/ <ewlxi
To: ARO 'ke Parker ?' WaRO Tom Steffens
FRO Ken Averitte ? WiRO Noelle Lutheran
Nii i- O Alan Johnson ? WSRO Daryl Lamb
? RRO Steve Mitchell
6 Telephone : (919) ??.3' 1'7"
160 From:
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
T!?Minimization/avoidance issues
ISLJ3uffer Rules (Meuse, Tar-Pamlico, ataw a, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
MEMORANDUM
TO: John Dorney Regional Contact: Jim Reid
Non-Discharge Branch WQ Supervisor: Forrest Westall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dr. J. D. Robinette
Project Number 03 1276
Recvd From APP
Received Date 10/14/03 Recvd By Region
Project Type shoreline stabilization wooden seawall
County Caldwell
County2
Region Asheville
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP 30 -w- uffaters & WT-0 N ? 11-(53) wsiv B & CA 30,832. 0.00 144.00 ?-
I ars ?? 0.01
CBR rB Y N r 30,832.
Mitigation Wetland
MitigationType Type Acres Feet
I T_ F_ F_
Is Wetland Rating Sheet Attached? O Y ON Did you request more Info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 35 47 55 Longitude (ddmmss) 812013
Comments:
The applicant has been assessed for violations of the Catawba Buffer Rules and for filling in the
Catawba River without having secured 401 Certification. The applicant has requested remission.
Until the enforcement matter is settled DENIAL of 401 certification for the proposed sea wall is
recommended.
cc: Regional Office
Central Office Page Number 1
DEC:-17-2003 13:49 FROM:
PHONE:
TO:9391 73-68q P: 1 'gc
N. C. DEPARTMENT OF RNVIRONMENT AND
NATURAL RESOURCES
DIVISION OF WATER. QUALITY
WATER. QUALITY SECTION
ASHEVILLE REGIONAL OFFICE
59 WOODFIN PLACE
ASHEVILLE, NORTH CAROLINA 28801
828/251-6208 FAX: [phone]
TO.- Ll
FAX
FROM:
DATE: Ivt X40
# OF PAGVS INCLUDING TFIS COVER: f?
MESSAGE: If Questions, gleass call 828/253.-6208.
f tveyr
DEC-17-2003 13:49 FROM:
IS)U ulemen[ tse"Ievam normwrrr, ratcecory. LVOrTU k-trUnn:l LaUVI
Telephenc; 82$-267-0651 Facsim.ilc: 828-267,0087
TO: 999197 ..16803 P : 15
1
R ?Tg
November 1, 2003
To: Forrest R: Westall
JaMes R. Reid
Re: Lot 23 Plantation Pointe
Caldwell County, N.C.
Dear Sirs:
I;am in receipt of your certified letter of October 23, 2003 in which it is
alleged that 1. have:
1.) 111 egal ly removed "virtually all vegetation.... to the water's edge"
on Lot 23 Plantation. Pointe, Caldwell County, N.C.
1
i
2.) "Soil and other materials resulting from grading on Lot 23 bad
been deposited in Lake Hickory
T vigorously deny and refute the above charges.
1 would first like to state. that 1 Feel that a face-to-face meeting on the
property in, question would, have been a, much better way of resolving
this matter.. I grew up in the South, where it has been found that
meeting with people, face to face, has always worked bettcr than
certifed,:mail. That being what' it may; I guess today is the, day of the
lawyck, the day' of the law. suit and the day of. 'tbe cftrtified letter - so as
they say in a court of law: NOW, COMES THE, DEFENSE.
J.D. Robinette, DDS
DEC-17-2003 13:49 FROM: TO: 98919733689-- P:3 1,5
.I
2
During the developing of. this property the following offices were
contacted and approval given:
1.) DAVID O'DELL (WATERFRONT PROPERTIES) - ?
Before -land was ,purchased froze Dr. Greg and wife Annc Shell
the grading plan I completed was approved
2.) CALDWELL,COUNTY BUILDING MPECTOR - _
Improvement Permit and Address=of Property
3.) CALDWELL COUNTY ITEALTH DEPARTMENT -
Septic Tank Permit
-
4.) CALDWELL COUNTY WATER DEPARTMENT Water Meter Installation ;
5.) U.S. FORESTRY SERVICE -
Burning Perrnzt
G.) GRACE CHAPEL FIRE DEPARTMENT -
Sent Fire Track To Aid In The Burning Of The Brush
During the development of this property the following offices were !.
contacted and approval is pending:
L) 'U.S. ARMY CORPS OF ENGINEERS
(Application. For Seawall Pending)'
2.) N.C. DIVISION OF WATER QUALITY
(Application For..Seawal.l Pending), ,
3.) DUKE POWER
(Application Vor Seawall Pending)
When. fhese1a9t three agencies approve - the seawall will be placed
and erosion will. end on Lot 23.
1
DEC-17-2093 13:49 FROM: 10:9E919. 3689 P:4'15
3
W RIGHT-S AS A, PROPERTY OWNER
l .) To clear an area for my. house
85 ft x 113f deep
2.) To clear an area for tray pbol.;
40 ft x-20 ft x 20 ft,, deck around.
3.) To clear. an area' for my, drive;
20 ft x 100 ft apprdXimate
4.) To clear an area for my septic tank
90 ft x 100-ft- field anal, repair held
5.) To clear anarea for equipment to place seawall
20 ft x 144 fl (actual 20 ft x 1'26 ft)
6.) To,.clcar vegetation enough to allovv.a view of the lake
7.) To remove poisonous and dangerous plants or trees from my
property
First who am I, and what are my qual.i.fications? My na pe,is-Dr. 3.1?.
Robinette ahd I have lived op Lake Hickory for the past twenty-seven,
years and 'thus I want it kept' beautiful.. I have practiced my degree of
Doctor Of Dental Surgery in the Hickory area for an 't- I number of
years. But more -importantly l also 'hold `an undergraduate degree in
Zoology and Chemistry. During my undergraduate years' I did studies
on Cheat Lake in Morgantown, West ViFginfa: While the-lake appeared
-to be pri:stinc in every way - that is, no development and only natural
buffers surrounding its shores -- the lake* was in fact, devoid of life
except fora few veiny hardy' bacteria. Acid nun-off' ?rdm. surrounding
coal mines had. killed the lakes 5o yes, I do,understand pollution both
As solutes (solids) and solutions (c?t;tn_i.cal),
DEC-17-2003 I.J.50 FROM: T7: 9E9197^5093 F:
4
While working my way through nearly a decade of college, I worked W
]an.dscaping. Though my skills with. equipment were not legendary (I
was very good with a tractor, terrible with a back hoe -and adequate with
a track loader). My'ability tb see'. the natural assets and the natural
pitfalls of apiece-,of property were considered- excepti.onal.. I have
always enjoyed taping api,ecc'ofland and finding its greatest use, while
leaving; it friendly to both man and,mother nature.
Before I purchased Lot 23 1 walked it, hand survcyed it,, and looked for.
its oositives' and its negativds,
Its main assets were.
l.) `Size: 1.3 Acres
_ I
2.) Elevation; Reasonably Level.
3.)' Location: Main Channel of Lake Hickory
4.) New Community:. Well Laid Out
{
Its pitfalls were:
1.) No Deccnt Trees:
There were only 16 hardwood trees on the' entire property and
they were immature with small caliber trunks most were less than
10 inches and they were not in the best of shape.
2.) Lots of Briars and Poison Ivy
3.) Lots of Yellow Pine Tteos:
Thdse trees are known in the landscaping business as "wooden.
' ? wedds". ,.
r
4.) There was considerable erosion at the waters edge: My, plat map
indicated'] 44`'ft of shoreline, yet in actual measurement it was
more like` 126 ft.
The reason. for this lot having sue'., a. poor number of usable frees and.
such. a big water erosion problcrn is easy to understand if you loop at,
the before, and after photos of this lot.
DEC:-1 i -200 1!3:50 FFON: T0: 90919 i P: t 15
i
EXHIBIT A i& the lot befot'e grading and landscaping and EXHIBIT B
is the lot after grading and landscaping, (EXHIBIT B is from.
approximately the same angle as EXHIBIT A for comparison).
PLEASE NOTE THE FOLLOWING: I
ITHE TREE LINE: 'In the before photo (EXHIBIT A) you will
noti.cc a distinct drop in the tree line when compared to Lot 22
on the left and, Lot 24 on the right. -Eyen though Lot 23 is equal
to or greater inr elevation than Lot 22 Lot 23 appears lower,
Lot 23 is, much, higher in -elevation; than 'Trot 2'A4 ,yet it still
appears Lot: 23,is lower in elevation,
2.) 50 FT BUFFER ZONE: Please note in. EXHIBIT A there are no i
trees in, the 50 ft buffer zone, justweeds, briars and poison ivy.
There are,sorne seedling trees but they are literally only a few
inches to a few feet tall.
3..), EROSIO EXHIBIT A's photographwas taken at "full pond",
Due to the heavy rains, Lake Hickory was at Flood Stage at the
time this photo was "taken. Yet look at all the erosion that exists
on Lot 23. The erosion is nearly 4 ft higher than the water line..
The erosion. invades the property to such an extent it has
reduced the lot from. a144 ft lake fi ontage to a flattened. off 126
ft lake frontage., Also note that the trees on. the adjoining
property are partially unrooted. and leaning into the water, In.
EXHIBI'T' B please pone the water line has returned. to normal,
One can. now see the extent of the erosion that exists on the
adjacent property. A) go note that Lot 23 has had its erosion
brought into check as a result of the landscaping (i.e.. sloping, ?
mulch, grass, sand, and silt fence). 'Meanwbil.e the adjacent
property continues to erode. This landscaping technique has
reduced the naturaterosion on Lot 23''by at least 50%. Once the
seawall is in place', Lot 23 will become an excellent buffer zone
with zero erosion and zero pollution 1.
As we say in-our Scout Troop - "It will be reft"better than the way we
fodn.d it".
DEC-17-2003 13:50 FROM: T0:98919733b893 F: 7'15
b
We can now see from thc. above evidence what has occurred on Lot 23.
This lot has been cleared in-the _recent_ past (last 10-20 years?). This
accounts for its lack of hardwood trees. and its' unusual amount of
erosion, When, a forest is cleaned, the first tlVngs to return arc weeds
and, briars. Next come Yellow Pine seedlings, which. - grow, then fall
over and give way to other evergreens such as White Pines, which in
tumr give .way to a hardwood forest.
All this accounts for. 'the cdnd,itions on Lot: 23'_- the lack of mature
hardwood trees, the riutmber of Yellow Pines and the gvergrowtli` of
weeds, briars etc. The area next to the lake would be the last to heal
due to the runoff. of the water during the re-birthing of the cleared, area
= this resulted in. the buffer zone being devoid of usable vegetation. In
short the. only 'vegetation removed f.irotn the buffer. zone on tat 23 was
not salvageable or was ti.ot usable, as', erosion 'vegetation just as one
would expect.
The Yellow Pines above the 50 ft buffer zone were removed because
they don't have a good root system., hcfice they are the number one tree
found fallen in the woods or if left, on our houses: They are tall and
thin. with the only live growth in the top half of the trees, which makes
therm particularly top heavy. I might also mention their pollen is,.al.so
extremely caustic to rooftops and to car paint, not to mention their
pollen is one of the most antagonistic to people with allergies and
asthma - just ask your, allergist and'yo4'11 find it, is always on the top 10
list of what not. to have around your home. Because of asthma 1
received 3 shots per week till age 5 - 2 shots per'week till age 10 - 1
shot per week till age 1.3". I truly know what Vm. talking about here.
As l; mentioned earlier, in the -laiidscaping business, Ycllow Pines arc
referred to,as "wooden weeds". You can not order. Yellow Pine trees
from a local nursery. anymorc•than`. you could order Poison Ivy. Granted
Poison Ivy is a hearty One which `.does have a bright green leaf in
summer and a brillAnt.red leaf in fall, it is also uncontrollable and one
of the most highly allergenic plants in North. America. Thus, with,its
fellow "weed" the ' ellow Pine, Poison Ivy is also, unwanted and
unavailable for-- purchase. Not even. the U.S. Forestry Service uses
Yellow Pine trees when replanting.
DEC-17-2007, 1:?,:51 FROM:
T0:92g19I '3seq F': 2. 1f
7
Next I would like -to."address the question of whether at anytime during
the grading of my property, we allowed material into Lake Iickory,
After careful planning --and considerable flagging of the property,
grading and landscaping began on ? atutday September 1.3. The entire
job was,completed (grass, straw, mulch and alb.)' on Saturday'September
27. This is a total work time of JUST 14 ,DAYS.. During that 14 day
period a sift fence was maintained at all times and there was ZERO
RAIN! That's right, in one of the wettest years on record; no rain fell,
during the' entire two weeks. T.t became-so dry in fact, `I became
concerned. Even though we were cleared, by the Forestry Service and
were giYen a, burping permit to burl our brush piles we still. paid to
- have a fire truck complete with 44'hcel drive and -pump :tank on, stand
by. The reason for this extra precaution: the adjacent property, unlike
Lot 23, is full. of thick under brush and fallen. Yellow-Pine trees and,
would have made a good "California Wildfire" scenario.
Please note the other"photographic evidence of our'outstandin.g efforts
-. , thick
to.-meet and exceed all standards.' Please note: the silt fence the
mulch, the grass, the water break ditches, and the trees (we saved 12 of
the 16 hardwood trees. `l ie other hardwood trees' were in locations
belonging to the Douse. the drive, the pool, the septic field, etc.).
In conclusion -I wish to say 'I used all of my knowledge, skill, education
and back ground ,to do what I feelrwas an excellent job of managing the -
resources I had.- and I. ;feel we achieved excellent results. I
VEHEMENTLY DENY EVER increasing the run off on Lot,23 at any
time. In tact if you review 'the photos or better /yet view the land bi
person, particularly from a boat ^ you will' see thateven. though we -
haven't yet placed the-seawall, tbe`natural'-yun off do Lot 23 has beer,.
greatly reduce: ?
I
I would also tnerity.on that on October 4"' of this year (l.ohg before your
letter) I purchased eight (9) 2%Z inch `diam. eter '1822 feet tall ,Sweet
Gum trees for my property: ) They are, excellent shade trees with' a
hearty root system: They will heed to be machine dug due-to their size.
'`T'hey will not be dug until after their leaves fall and the sap returns to
their- roots (approximately nn d to late DeceMber).:.
ti ?

DEC-17-2003 13:51 FROM:
TO:989197_) 689= P:9'`15
F will place these trees and my scawal.l. (permits pending) either when
the ground is frozen, this winter or, in early spring. My reasoning: The
tree planting equipment aid seawall constructing equipment would kill
the new grass and would very much increase the chances of run off. FBy
waiting till the ground is frozcri, nuniunal. rutting of the pathway would
occur; or by waitin till spring, new grass could immediately be`
replanted.
I will close by asking you to look at the last photo. This was my r.,cason
for,movi.ng to North Carolina hearty 3 docadcs ago - trust me t would
do; notIling to YZarm. this view. I would again extend. an:irtvitation to. you. .
to visit with niy land or me.
i
S' nccrcly,
Dr. J.D. Robinette
Home: 828-328-3344
Work: 828-267-1796
Cell: 828234-2475
Cc: Tom. Morphis Attorney At Law _
c Wade Harman - Duke Power.
Tony Wliitt -- Caldwell County
Gary Lail. Plantation. Pointe Review Com, mittee
\
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EXHIBIT A
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DEC-17-2003 13:52 FROM: TO:989197336893 P:11/15
EXHIBIT C
CONTINUOUS SII. T .Y NC'E MAJN1'
FAI R.A THICK MUCH TO HOLD UNTIL
1'.) AT ALLTI N1 ES
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DEC-17-2003 13:54 FROM: TO:989197336893 P:13/15
EXHIBIT D
DEC-17-2003 13:55 FROM: TO:989197336893 P:14/15
EXHIBIT E
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GRASS AND wllvTEk RYF, WAS SOWN
PLACED I:M` P'.DIA,rFi.a'Y UPON C(
LEVELS AND STRAW
ON OF GRAVING
DEC-17-2003 13:56 FROM: TD:989197336893
EXHIBIT F
THE 12.1'".ASON .1 C:AI1 E klKRE
P:15/15
Dr, S D, f ob i adfe,
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.
Location
County: C_dWCI I _ Nearest Town: L7MWITC
Subdivision name or site address (include phase/lot number) EUnf+inn 861nf Ut A3
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): From 14 it kor 1 +aKe. H+Wq 3a1 N1
,. n n. 1 n 1 / 41 •_I ?_ - I? ., KA_ -_L 0 L1 __
2. Describe the existing land use or condition of the site at the time of this
application: %/QLMnf, rP5idenha-I fake, lof with yeru few frw
3. Property size (acres): 1, 30 O-Cre5
4. Nearest body of water (stream/river/sound/ocean/lake):_t o & It i cYprq
5. Describe the purpose of the proposed work: -Ib beJp Sf? h? ?1 Ze 3 Shot e?i nt>
List the type of equipment to be used to construct the project: bC)h r.f on
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: O(' X 1D5, -- 0110 Sic •?f
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-wardIh
square feet or acres: 4 Y.1 44 ? + $ Y_ 56
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No frees vii 11 b2- rr
(Agent's signature is valid only if an authorization letter from the applicant is provtcec.)
Dr, T, 0, l iobinelty
L.O+ * a,3
Phan afion Pointe,
5ubdi vi si a n
Lake (Full Pond)
Full Pond
Shoreline
--faro boob' dock `rt'liph)
Rip (CLP
-A J61 Aix L LI ?'
i,p,Kcux.rr?
ja.
Sea v,
W y, 144 Cleared r
P(bove Pond
`R ('ons+rucon 90-4twI
3 Landward
w

Please approximately sketch the following Infoymation on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) AU proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool" elevatiM
3) location of rip rap or fill to be placed below the "Normal Pool" elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
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Dr. J. D. Robinette
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) _ CD, V .G
Date /G- G•a13
,.'