20041965 Ver 1_COMPLETE FILE_20040129

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Mr. Marc Silvanus Dorey Yates
Les Ormes Rue De La Chesnaie
St. John
Jersey JE34FW
Channel Islands VIA UK
??4F)
v8?'K Wrlham ss Jr., Secretor ary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 4, 2005 (,,5
DWQ Project # 04-19'4&
Macon County
Subject Property: 924 Old Lodge Road, Choga
JAN 1 3 2006
DENR - WATER QUALITY
WETLANDS AND STORb1WATER BRANCH
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Yates:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 2,250 square feet of shoreline for the
purpose of stabilization at the subject property, as described within your application
received by the N.C. Division of Water Quality (DWQ) on January 25, 2005. 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 Regional Permit(s) 198200079 when issued by the US Army Corps of Engineers
(USACE). In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not
limited to) Erosion and Sediment Control, Non-discharge, Stormwater and Buffer
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the 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:
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/ncwetiands

o Carolina
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An Equal Opportunity/Affirmative Action Employer- 50%a Recycled/10% Post Consumer Paper
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Marc Silvanus Dorey Yates:
Page 2 of 6
April 4, 2005:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount Plan Location or Reference
Approved Units
Shoreline 2,250 (square A
feet
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.
Marc Silvanus Dorey Yates:
Page 3 of 6
April 4, 2005:
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 slope and riprap applied at the water / land
interface (at full pool). Riprap shall be placed as a linear protective measure
upon the regarded slopes. Stone used in stabilization shall be a random size,
varying from Class B riprap up to 6 feet in diameter to provide additional wildlife
habitat. All exposed soils above the Riprap stabilized area shall be replanted in
accordance with the attached Guidelines for Riparian Buffer Restoration.
This authorization shall in no way be construed as allowing the installation of a
bulkhead or seawall.
7. Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
Marc Silvanus Dorey Yates:
Page 4 of 6
April 4, 2005:
9. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
10. No Impacts Beyond those in Application
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.
11. No Sediment and Erosion Control Measures in Wetlands
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources or locally delegated program has released the project.
12. Deed Restriction
Deed Restriction or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to impacts to
wetland, water and buffers located on the property. These mechanisms shall be
put in place prior to impacting any wetlands, waters and/or buffers approved for
impact under this Certification Approval and Authorization Certificate. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state. nc. us/ncwetlands.
13. Property Access
As Duke Power Company owns part, or all, of the property on which this
stabilization activity will be taking place, or it is within the Federal Energy
Regulatory Commission Project Boundary, this Water Quality Certification is only
valid after the written authorization of Duke Power Company has been obtained
through their permitting process, granting access to perform these stabilization
activities on their property or within the Federal Energy Regulatory Commission
Project Boundary. Failure to obtain the above written authorization from Duke
Power Company, any stabilization / fill / dredging which takes place on Duke
{
Marc Silvanus Dorey Yates:
Page 5 of 6
April 4,2005:
Power Company property will be considered a violation of the issue Water
Quality Certification.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
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 828-296-4657.
Sincerely,
Alan W. Klimek, P.E.
AW K/khb
Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
cc: Beth Mosteller
Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: MarcSilvanusDoreyYates.Macon. GC3373.Approval
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
January 3, 2005
DWQ Project # 04-1965
Macon County
Marc Silvanus Dorey Yates
Les Ormes Rue De La Chesnaie
St. john
Jersey JE34FW
Channel Islands VIA UK
Beth Mosteller
Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
Subject Property: Shoreline Stabilization
Additional Information Request
Project #: 04-1978
Macon County
Dear Mr. Yates:
The Asheville Regional Office of the North Carolina Division of Water Quality is in receipt
of your request to stabilize 250 linear feet of shoreline on Nantahala Lake. Upon
preliminary review, this office needs clarification as to "need" in regards to this project.
• The supplied photographs only indicate small areas of shoreline need stabilization.
Additionally, below the fool pool elevation, there is no visual evidence of the need
for stabilization. You must provide a thoughtful discussion as to need in regards to
this project in order for the Division to consider such a request. Should you be
able to scale back you request for a smaller amount of stabilization, that should be
reflected in you response to this request.
In order for this office to process the submitted application, the above listed issue must be
addressed and submitted in writing to my attention at the Asheville Regional Office within
10 calendar of receipt of this request. Failure to supply the requested information in a
timely manner will result in the return of this application as incomplete.
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/ncvvetlands
Nose Carolina
Ntara!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Marc Silvanus Dorey Yates
Page 2 of 2
January 3, 2005
Should you have any question regarding this matter, please do not hesitate to contact me
at either Kevin. Barnett(a)-ncmail.net or at 828-296-4657.
Sin
Kevin H. Barnett
Environmental Chemist
cc: US Army Corps of Engineers, Asheville Regulatory Field Office
Cyndi Karoly, 401 Permitting Unit
Macon County Building Inspectors Office
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Triage Check List
Date: Project Name: 145
DWQ#: NK
County: 14 _'qC'o V?
To: d ARO
? FRO
? MRO
? RRO
From:
Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes
Ken Averitte ? WiRO Noelle Lutheran
Alan Johnson ? WSRO Daryl Lamb
Mike Horan
l/7 Vj a Telephone : (919) T 5"!?
The file attached is being forwarded to dour for your evaluation.
Please call if you need assistance.
i
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
EY Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
A
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Comments:
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Mountain Lake Permit Service
BETH HOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786
TELEPHONE : [phone]
FAX: [phone]
E-MAIL: [e-mail]
December
North Carolina Division of Water Quality
Attention: John Dorney
2321 Crabtree Boulevard
Parkview building
Raleigh, North Carolina 27604
041965
DEC - 9 2004
Subject: Application for Shoreline Stabilization - Rip Rap Stone Bouk WATER QUf,
S?mareze?
Marc Silvanus Dorey Yates
Mailing Address:
Les Ormes Rue De La Chesnaie
St John ?.
Jersey JE34FW (%
Channel Islands VAI UK f, `Property Address:
924 Old Lodge Road la
Nantahala Lake
Topton, NC
Parcel ID 0923536
This Letter is a Summary of the Enclosed Application for Shoreline Stabilization.
One original and seven copies = Total of eight enclosed
1. Letter from Duke Power - Nantahala Area Lake representative
2. Abbreviated Application Form - 401 Water Quality Certification
3. Check for $200.00 Application Fee
4. Agent' Authorization Letter
5. Plat
6. Road Map
7. Directions
y1 -,
8. Pictures`
9. Plan sketch (2)
10. Self addressed envelope with postage
Cc: Duke Power Company - Charlotte, NC
U. S. Army Corps of Engineers - Asheville, NC
Mr. Dave McHenry - Mountain Region Coordinator - Waynesville, NC
A Duke Energy Company
December 5, 2004
Marc Silvanus Dorey Yates
Les Ormes Rue De La Chesnaie
St John
Jersey JE34FW
Channel Islands VAI UK
Telephone: [phone]
526 South Church Street
P.O. Box 1006
Charlotte, NC 28201-1006
Should you or your contractor have questions, please feel free to contact this office at (828) 369-
4513 or by?.q phone [phone]

Dale R. Mosteller
Duke Power Company
Nantahala Area Lake Manager
I understand that you are requesting an application to stabilize the shoreline in front of your
property at Nantahala Lake, located on 924 Old Lodge Road, Parcel ID 0923536 that adjoins Duke
Power property. After looking at the property, I do not have a problem granting your request
provided all current shoreline management guidelines are followed.

The following is an abbreviated application 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.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
1. Owner/Applicant Information
Name: Marc Silvanus Dorey Yates
Mailing Address: Les Ormes Rue De La Chesnaie St John
Jersey JE34FW, Channel Islands VAI UK
Telephone Number: 011-44-1534-504-220 Fax Number: N/A
E-mail Address: N/A
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: Beth Mosteller
Company Affiliation: Mountain Lake Permit Service
Mailing Address: 878 Mountain Cove Road
Waynesville North Carolina 28786
Telephone Number:-828/456-8195 Fax Number: 828/456-6554
E-mail Address: drbmostQasapgroup.com
II. 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.
1. Location
County: Macon Nearest Town: Topton
Subdivision name or site address (include phase/lot number): N/A
Directions to site please include road numbers, landmarks, etc. (This is not
necessary is an adequate vicinity map is included: From Andrews travel Junaluska
Road, trun right onto Wayaha Road, turn right onto Dicks Creek Road turn left
onto Little Chogo Road, turn right onto Old Lodge Road
2. Describe the existing land use or condition of the site at the time of this application:
Residential lake lot, with existing house.
3. Property size (acres): 0.83
4. Nearest body of water (stream/river/sound/ocean/lake): Nantahala Lake
5. Describe the purpose of the proposed work: To apply rip rap stone boulders 10 feet
high and 250 feet of shoreline to help stabilize the shoreline and prevent further
erosion.
6. List the type of equipment to be used to construct the project: Hand
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 9 Feet x 250 Feet =
2250 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: 1 feet x 250 feet + 8 feet x 50 feet = 250 feet
+ 400 feet = 650 square feet
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No trees will need to be
removed. Mulch will be applied to the disturbed area.
l?2 -14r -d
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Mountain Lake Permit Service
BETH MOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786
TELEPHONE & FAX: [phone]
E-MAIL: DRBMOST C7 ASAPGROUP.COM
To: North Carolina Division of Water Quality
Subject: Authorization Letter
Shoreline Stabilization - Dry Stack Stone Boulder Wall
I give Beth Mosteller of Mountain Lake Permit Service Authorization to
sign as my agent on my application for shoreline stabilization.
Al2--s
Ma ilva s Dore
Signature Date
0 7
0936839 090000
0943277 093 29
3392
33922
0940929 ,IAN gkgk?
0943276
• 0933827
X09339
? p
0938176 P9339 tl 339
2325 9339 9
0926587 0 131 1
0 09 0 23535 23538 "i
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NCSPCS NAD 83 Feet FIPS 3200
X:
Y:
D egrees/Minutes/Seconds
601051.3071049077
554167.27269835
Longitude:
Latitude:
Longitude:
Latitude:
Property Address
Property Description
Township
Zone
Neighborhood
Subdivision
Number of Buildings
Percentage Complete
Acreage
Land Square Footage
Topography
Utilities
Date Last Appraised
83° 41' 1" W
350 10'55" N
Decimal Degrees
924 OLD LODGE RD
CHOGA
NANTAHALA
RESIDENTIAL
WATERFRONT GOOD VIEW
1
100
0.0000
36154
BELOW ROAD LEVEL,STEEP
ELECTRIC,WATER,T
09/29/02
83.6836458267911 W
35.1819824654623 N
Current Owner YATES, MARC SILVANUS DOREY
Owner Address LES ORMES RUE DE LA CHASNAIE
CHANNEL ISLAND BRITISH ISLES
Deed Book/Page C-281157 (Click here for the.odf image)
Date Recorded 05/18/04
Sales Price
Valid Sale N
Land Tax Value $250,000
Building Tax Value $208,430
Land Deferment Amount $
Exemption Amount $
Apx Elevation
Map Sheet 6505.00
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DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can
have a big impact on permit processing time. Please complete this form and return it along with
your completed permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name: Marc Silvanus Dorey Yates
Street Address (at lake): 924 Old Lodge Road
Lake Name: Nantahala
Subdivision Name: N/A
Property Section: N/A Lot # N/A
City: Nantahala County: Macon
State: NC Zip: 28781
Telephone: [phone]
Directions (from major road or highway):
Type of Permit Requested
"Circle":
Private Facility
Commercial Facility
bilizatio
Conveyance
Miscellaneous Uses
From Andrews travel Junaluska Road, trun right onto Wayaha Road, turn right onto Dicks Creek Road,
turn left onto Little Chogo Road, turn right onto Old Lodge Road
Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc):
Single family dwelling
*Note: Please use the back of this form if desired to draw us a map to the site.
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Rip Rap
Rip Rap 250 Feet Long
Above Full Pond
1 feet 000? C>
Below Full Pond v 000000- 9 feet 0 000
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00 0
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? o 0
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Riprap slope no
greater than 1 to 2
1
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10 feet
Lake (Full Pond)
Full Pond
Sho eline
below full pond
rip rap 9 ft-x 25 ft
above full pond
Cleared area
rip rap 1ftX25 ft

10 ftx 250 ft Surge Stone
Filter fabric
Pathway
8ft x50ft
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond 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 Full Pond
elevation.
6) Location of construction access corridors.
• 250'
• Above full pond, rip rap stone boulder wall will be approximately 250 feet
long and 1 feet high and 1 feet wide. The dimension of stone boulders
(native rock will be approximately 1 feet high, 3 feet long, 2 feet wide).
Below full pond 9 feet rip rap stone boulders