19920144 Ver 1_COMPLETE FILE_19920101

STATE
TO eW l 4(jl??
V l?r
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James Cl. Martin, Governor Georg=e T Everett, Ph.D.
William W. Cobey, Jr., Secretary April 23, 1992 Director
Mr. Thomas L. Finger
Mrs. Kay C. Finger
5 Stuyvasant Cresent
Biltmore Forest, North Carolina 28803
Dear Mr. Finger:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Bulkhead and backfill project
McDowell County
DEM Project 921.44, COE # 199201201
Upon review of your request for Water Quality Certification
to place fill material in water for bulkhead and backfill along
210 feet of shoreline located at Lake James near Nebo, North
Carolina in McDowell County, we have determined that the proposed
fill can be covered by General Water Quality Certification No.
2665 issued January 21, 1.992. R copy of the General
Certification is attached.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
o Yge T. Everett
l'
GTE: JD
Attachment
CC" Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Asheville DEM Regional Office
Mr. John Dorney
Central Files
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Pollution Prvvention Pays
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s,a STATf o
ti
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
March 11, 1992
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
MAR 1 1992

The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201201
dated March 5, 1992 describing a project proposed by Mr. Thomas L. and Kay C. Finger
is being circulated to interested state agencies for comments on applicable Section
404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by April 6, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This officecsnppes.ts? the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
1 /
Signed E Date Z`
K) kox 27687, P-Acigh, North C.arohrw 27611 7687 lrlcphnnc 919-733-2293
An rquil Oppornunity Affirmative A( Lion l-mplovcr
T y
70 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Parker, 404 Coordinator
Division of Coastal Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program 6V-A?
DATE: April 14, 1992
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 199201201, request for a
permit by Mr. Thomas and Mrs. Kay Finger for a permit to construct a
bulkhead with backfill on property adjacent to Lake James near Nebo,
McDowell County
The North Carolina Wildlife Resources Commission (NCWRC) has reviewed the
information provided by the U.S. Army Corps of Engineers, and biological field staff are
familiar with the project area. These comments are provided in accordance with provisions
of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.), and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d.).
The applicants are requesting a permit to construct a masonry bulkhead along
approximately 210 linear feet of shoreline. The bulkhead alignment would undulate
generally following the contours of the existing shoreline but would average 4 feet and be a
maximum distance of 27 feet waterward of the existing high pool level of the reservoir. At
the southern end of the project area, where erosion has been most severe, there would be a
primary retaining wall near the existing bank and a lower, secondary wall aligned 27 feet
waterward of the bank. The area between the walls would be backfilled with sand to create
a beach. Approximately 120 cubic yards of upland fill would be retained landward of the
proposed bulkhead with an additional 100 cubic yards of sand discharged into the beach
area. The purpose of the work is to stabilize the shoreline and reclaim land lost to erosion.
The NCWRC does not object to the issuance of this permit. Thank you for the
opportunity to review and comment on this project. If we can be of further assistance,
please advise.
DLS/lp
cc: Ms. Stephanie Goudreau, Mt. Region Habitat Biologist
Mr. Chris Goudreau, District 8 Fisheries Biologist
Mr. John Dorney, DEM
Mr. Allen Ratzlaff, USFWS, Asheville
Mr. Steve Lund, COE, Asheville
"T? Asa STATt o
al's ?
State of North Carolina
Department of Environment, Health, and Natural Resources
Asheville Regional Office
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
WATER QUALITY SECTION
April 7, 1992
MEMORANDUM
TO:
THROUGH:
FROM:
SUBJECT:
John Dorney
401 Certifications
n
Forrest R. Westall JP-P?
Water Quality Regional Supervisor
James R. Re Cd Environment mist
401 Certification
Thomas and Kay Finger, Bulkhead
Project # 92144
McDowell County
NOW
epR?S
Ann B. Orr
Regional Manager
Mr. Don Price and I visited the subject site on April 3, 1992. Issuance
of 401 Certification _for-subject P-r-oi.ect. is recommended.
No wetland rating sheet was prepared due to the absence of wetlands at
the site. The lot has a slope of 20% or greater; it had broken off
vertically at waters edge due to wave action and rising/falling lake
levels.
Based upon review of the applicants' proposal and of the site, the
evaluators were unable to foresee any adverse impacts to water quality
from the described construction project. Issuance of 401 Certification,
as stated above, is therefore recommended..
Please contact me if there are questions or a need for additional
information.
Interchange Building;, 59 Woodfin Place, Asheville, N.C. 28801 • Telephone [phone]
An Equal Opportunity Affirmative Action Employer
I I A
a STATE o
f'
QUAM
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
March 11, 1992
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201201
dated March 5, 1992 describing a project proposed by Mr. Thomas L. and Kay C. Finger
is being circulated to interested state agencies for comments on applicable Section
404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by April 6, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
0 - 11
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199201201 March 5, 1992
PUBLIC NOTICE
MR. THOMAS L. AND MRS. KAY C. FINGER, 5 STUYVESANT CRESCENT, BILTMORE
FOREST, NORTH CAROLINA 28803 has applied for a Department of the Army (DA)
permit TO CONSTRUCT A BULKHEAD WITH BACKFILL ON PROPERTY ADJACENT TO LAKE
JAMES NEAR NEBO, McDowell County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the construction of a masonry bulkhead along approximately
210 linear feet of shoreline. The bulkhead alignment would undulate generally
following the contours of the existing shoreline but would average 4 feet and
be a maximum distance of 27 feet waterward of the existing high pool level of
the reservoir. At the southern end of the project area, where erosion has
been most severe, there would be a primary retaining wall near the existing
bank and a lower, secondary wall aligned 27 feet waterward of the bank. The
area between the walls would be backfilled with sand to create a beach.
Approximately 120 cubic yards of upland fill would be retained landward of the
proposed bulkhead with an additional 100 cubic yards of sand discharged into
the beach area. The purpose of the work is to stabilize the shoreline and
reclaim land lost to erosion. Plans showing the work are included with this
public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management (DEM) has determined the applicability of
a Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
7
-2-
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is *not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
0
-3-
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the DEM issues, denies, or waives State
certification required by Section 401 of the Clean Water Act. The DEM
considers whether or not the proposed activity will comply with Sections 301,
302, 306, and 307 of the Clean Water Act. The application and this public
notice for the DA permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, DEM,
Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The DEM plans to take final action in the issuance of the Clean Water Act
certification on or after March 28, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the DEM, Post
Office Box 27687, Raleigh, North Carolina 27611-7687, on or before March 23,
1992, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Steven Lund, until 4:15 p.m.,
April 6, 1992, or telephone [phone].

'N; TABLE FOR
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N 04. 20 30 W 46.14'
N 59.56' 56* 'W 62 56'
N 76. 22 59 W 16 74'
9 75'22'58"W 44 72'
9 63' 30'02" W 53 6e'
5 55. It 06" W 117 17'
9 55. 1 T 06 'W 33 66'
S 49.02'S7W 2060'
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S Io• 16, 12., W 4 23,
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BEARING TABLE FOR CENFERLIIIE OF' GEARING FARI F F.
`(n 1\ TC/•n nos. r. . .
Purpose: Reclaim eroded lakefront, Proposed Retaining Wall, and Fill
prevent further erosion. In: Lake James
Adjacent property owners: County of: McDowell State: NC
1. Jerry Daye Application by: Thomas & Kay Finger
2. Harry Hollifield Sheet 1 of 2 Date: 2/10/92
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Purpose: Reclaim eroded lakefront, Proposed Retaining Wall, and Fill
prevent further erosion. In: Lake James
Adjacent property owners: County of: McDowell State: NC
1. Jerry Daye Application by: Thomas & Kay Finger
2. Harry Hollifield Sheet 2 of 2 Date: 2/10/92

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 28, 1992
Regulatory Branch
Action ID. 199201201
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
Enclosed is the application of Thomas L. and Kay C. Finger for Department
of the Army authorization and a State Water Quality Certification to construct
a bulkhead with backfill at property adjacent to Lake James near Nebo,
McDowell County, North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification may be required under the provisions of Section 401 of the same
law. A Department of the Army permit will not be granted until the
certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt
of a request for certification is a reasonable time for State action.
Therefore, if you have not acted on the request `by April 28, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Steven Lund, telephone (704)
259-0857.
Sincerely,
G. ne Wri tht
hief, Regulatory Branch
Enclosure
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
4.. _.

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) Explrea 30 September 1992
Public rpAinp burden for this collection of iniormatlon is estimated to average 6 hours per response for the majority of cases, including the time for reviewing instructions,
searching existing data eourcea, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Applications for larger or more complex
projects, or time in ecologically sensitive areas, could take up to 600 hours. Send comments regarding this burden estimate or any other aspect of this collection of Information,
including suggestions for reducing this burden, so Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1216 Jefferson
Davis Highway, Suite 1204, Arlington, VA 22202 302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20603. Please DO
NOT RETURN your completed form to olair of these addresses. Send your completed forth to: Department of Defense, U.S. Army Corps of Engineers, Attn: CECW-0R, 20 Mass.
Ave., N.W. Washington, DC 20314-1000.
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries AcL These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, 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 Distnct Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
. - ----;
I. APPLICATION NUMBER (ro be assigned by Corps" 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
fy,? p /gyp r! r 1} y+?? Robert Camille, Jr.
Camille/ Alberice, Architects, P.A.
r,,. ,; T ..-?. ,:; . i ;,.; •
?11 i
:i L ?? •?l?
RGt
J 64 Broadway, Suite 200, Asheville, NC 2880
.
a
. , Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT :.:
Thomas L. and Kay C. Finger A/C(704)252-7990 (Residence)
A/C [phone] (Office)
v
ant Crescent
5 Stu
y
es
Biltmore Forest, NC 28803 Statement of Authorization: I hereby designate and authorize
Robert Camille Jr. to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
A/C (704) 224-?917 (Residence)
704 SIGNATU OF APPLICANT / DATE

A/C (
) 254-1919 (Office) pp
4 DETAILED DESCRIPTION OF PROPOSED ACTIVITY 67
4a. ACTIVITY
Construct masonry retaining wall, and in-fill with sand,at the beach area. The remainder
will be backfilled with upland fill. The retaining wall will undulate, following the nat-
ural shoreline within the limitations of the retaining wall system, extending a maximum
of 27' from the shoreline at severely eroded areas, and averaging 4' beyond the property
line. The entire length of the wall will be approximately 210'.
4b. PURPOSE
To reclaim that portion of shoreline which has already eroded, and to prevent further
erosion.
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
Approximately 120 cubic yards of upland fill will be placed between new retaining wall
and existing shoreline. An additional 100 cubic yards of sand will be added to form
a new beach.
ENG FORM 4345, Jan 91 EDITION OF APM 86 IS OBSOLETE (Proponent: CECW-ON)

5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
Jerry Daye. Harry Hollifield
Rt.9 '$ox 813 1822 Highway 221 N.
Morganton, NC 28655 Marion, NC 28752
[phone]
Lot# 10 Lot# 7
6 WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
Southern end of Lake James.
7 LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS: Lots #8 & #9, Magnolia Drive
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
McDowell, North Carolina 28761
COUNTY STATE ZIP CODE
McDowell Co. Building Inspections, 10 E. Court St., Marion, NC 26572; [phone]
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? ? YES NO
If answer is "yes' give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
Duke Power Authorization for Oct. 29, 1991 Nov. 4, 1991 N/A
shoreline construc-
tion to stabilize
bank.
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that 1 am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
-P !2114,1q
SI A E OF APPLICANT DATE SIGNATU E OF AGE T DA
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 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 by any trick, scheme, or device a material fact or 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 statement or entry, shall be fined not more than $10,000 or imprisoned riot more than five years, or both.
(Reverse of ENO FORM 4345)
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S 75"22'38""W 44 72' b
3 631360 2 W 73 68' 11
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9 23.07'55'W 3106'
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3 01.09'38W 12 9 ' i °e - s'?
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S 416" 12'58:W 28 3
9 63.4003'W 39.73 ?? I(t 1 t
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• ITIIE FOILOWING IAeLE3 ARE AS 911OWN ON PLAT MOON +, PAGE 12r1 HNC I- $cl.LA- Z
BEARING TAOI.E FQR CENtEN1JNE OF• UARING Wit F F
Purpose: Reclaim eroded lakefront, Proposed Retaining Wall, and Fill
prevent further erosion. In: Lake James
Adjacent property owners: County Of: McDowell State: NC
1. Jerry Daye Application by: Thomas & Kay Finger
2. Harry Hollifield Sheet 1 of 2 Date: 2/10/92
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