20050005 Ver 1_Complete File_20050103

Or r . `
Michael F. Easley, Governor
William G. Ross Jr., Secretarv
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 10, 2005
DWQ Project # 05-0005
McDowell County
William K. Swayne
2315 Treymore Lane
Charlotte, NC 28262
Subject Property: The Arbor / Phase IV / Lot 77A
Pier Drive, Nebo 28761
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Swayne:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 497 linear 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 3, 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) 198200030 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, 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/ncwetlands
NorihCarolina
?Vatarally
An Equal Cppcrtunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
William K. Swayne:
Page 2 of 5
January 10, 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
Approved (Units) Plan Location or Reference
Stream 497 feet
Buffers 0 (square ft.)
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
William K. Swayne:
Page 3 of
January 10, 2005:
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. Buffer Mitigation (Preservation)
You are required to protect riparian buffers on this site. You must complete the
following:
Deed Notifications - Deed notifications or similar mechanisms shall be
placed on the lot to assure compliance with the conditions of this variance
approval. These mechanisms shall be put in place prior to impacting any
buffers approved for impact under this Minor Variance. The Deed
Notifications shall include the following paragraph.
The areas shown on the recorded plat as Riparian Buffer Protection
Areas shall be maintained in perpetuity in their natural or mitigated
condition. No person or entity shall fill, grade, excavate, or perform any
other land disturbing activities; nor cut, remove, or harm any vegetation;
nor construct any structures or add any additional impervious surfaces, on
such protected areas without written authorization from the Division of
Water Quality (DWQ) or compliance with the Riparian Buffer Protection
Rule (15A NCAC 2B .0243). This covenant is intended to ensure
continued compliance with authorizations issued by the State of North
Carolina, Division of Water Quality, DWQ Project Number 03-1030, and
therefore may be enforced by the State of North Carolina. This covenant
is to run with the land, and shall be binding on the Owner, and all parties
claiming under it."
William K. Swayne:
Pale -4 of 5
January 10, 2005:
7. 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 discharging into a
surface waters. 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.
8. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they
are directly within the construction access corridor. If trees are removed,
forested vegetation shall be re-established within the construction access
or other temporary impact area occurring in the protected buffer zone
within the next growing season following construction of the project.
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.
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.
w uuam N. Dwayne:
Page 5 of 5
January 10, 2005:
1
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 Mr. Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincere[y,
r-o,z- Ian W. Klimek, P.E.
AW Klkhb
Enclosures: GC 3373
Certificate of Completion
cc: McDowell County Planning
Mrs. Sue Harmon, Permits, Etc.
Post Office Box 234
Boiling Springs, NC 28017-0234
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-0005.Swayne.GC3373.Approval. McDowell
MEMORANDUM
TO: John Dorney Regional Contact: Barnett. Kevin
Non-Discharge Branch WQ Supervisor: Fnrrps WPstall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name William K. Swayne
Project Number 05 0005
Recvd From APP
Received Date 113105 Recvd By Region
Project Type shoreline stabilization
County McDowell
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 Waters PT -@N F_- 11-(23) wSV I 30,830. 0.02 497.00
PT O N r F- F__F__ F__ F_-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y (* N Did you request more info? 0 Y N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y Q N
Is Mitigation required? 0 Y (* N Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Issued from ARO - 01/10/2005 - KHB
cc: Regional Office
Central Office Page Number 1
Facility Name William K. Swayne
Project Number 05 0005
Comments (continued from page 1):
County McDowell
Regional Contact: Barnett, Kevin
Date:
cc: Regional Office Page Number 2
Central Office
Triage Check List
Date: 1/4/05
To: Kevin Barnett, Asheville Regional Office
Project Name: William K. Swayne
DWQ#: 05-0005
County: McDowell
60-day Processing Time: 1/3/05 to 3/1/05
From: Cyndi Karoly Telephone : [phone]
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
? 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?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
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 ask 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!
Du?Q Cpi
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 Uni> Ole s U V D
1650 Mail Service Center D
D
Raleigh, NC 27699-1650 JAN 0 3 2005 DEC 0 3 2005
L Applicant Information DENR - WATER QUALITY DENR - WATER QUALITY
IVEWMS AND STORh1'WATER ERAPlCH VO ANDS AND STORMMATER bWXH
1. Owner/Applicant Information
Name: WILLIAM K. SWAYNE
Mailing Address: 2315 TREYMORE LANE
CHARLOTTE, NC 28262
Telephone Number: _704409-3970 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
Company Affiliation: PERMITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017,
Telephone Number: _704-434-0706
E-mail Address:
IL Project Information
[e-mail]
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.
Fax Number: 704-434-7100
. W111-lorn K. 1?tlru10
1. Location
County: MCDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): THE ARBOR / PHASE IV / LOT
77A (PIER DRIVE, NEBO, NC 28761)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 70 EAST / LEFT ON CEMETERY RD.
/ LEFT ON HIGHT TRAIL DR. / RIGHT ON BEACON RIDGE DR. / RIGHT ON SYCAMORE DR. /
LEFT ON HARBORSIDE DR. / RIGHT ON PIER DRIVE TO END
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A LARGE, VACANT, WOODED LAKE LOT.
3. Property size (acres): _1.836 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 AND HELP
PREVENT EROSION BY APPLYING RIVER ROCK (LARGE BOULDERS) TO 497 LINEAR
FEET OF SHORELINE OF THIS LOT. THE RIVER ROCK WILL BE 6-8 FEET IN
HEIGHT.
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 497 FT. = 994 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:
NONE.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.

Applicant/Agent's Signature' J ' Date '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
V?iil?nm k. ?w'r1?Ine
The Arbor I Ph : /Ld
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Lake (Full Pond)
w'tit b6 uSed
Full Pond
Shoreline
River rock ?
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4`17 RI per ro'The Arbor

Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool"
elevation
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
Wi ll?ain KI 5Lcagnv
Thy Arbor / Ph;T / Hof `]7A Scale,: I inch = IG,?B F?f
TA?3nElonca
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Nebo area, NC
William K. Swayne / The Arbor / Lot 77-A
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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 I z?41 7 /'z?
The Arbor-
Lca+ 91 A
William Swayne

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i

Duke
Power©
December 16, 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. William Swayne, owner of lot 77A, The Arbor subdivision, located on Pier Drive
near Nebo, on Lake James in McDowell 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,
1- . k-),k ,
J. Wade Harmon
Lake Management Representative
www.dukepower.com