20050148 Ver 1_Complete File_20050126

VW4 A TR Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
p Alan W. Klimek, P.E. Director
Division of Water Quality
April 4, 2005
DWQ Project # 05-0148
McDowell County
Mr.,, James R. Antonneau
8046 Palomino Drive
Na les, FL 34113
Subject Property: The Arbor / Phase 11 / Lot #26
Water's Edge Drive, Nebo, NC 28761
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Antonneau:
You have our approval, in accordance with the attached conditions and those listed
bel?w, to place fill within or otherwise impact 208 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 28, 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 4se Regional Permit(s) 198200079 when issued by the US Army Corps of Engineers
(UACE). 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
15,0, NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
thel attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Ce cation Unit
1650 MO 'enter, Raleigh, North Carolina 27599-1650
2321 Crabtree Bo¢levard, Suite 250, Raleigh, North Carolina 27604
Phone:', 919-733-1786 / FAX [phone] / Internet httpJ/h2o.enr.state.nc.us/ncwetiands
WC CaiOllrla
N Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
James R Rntonneau,
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 208 (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.
James R. Antonneau:
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 upavoidable, 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.
James R. Mkonwu! i . _
Page 4 of 6
April 4, 2005:
9. 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;
10. Turbidity Standard
The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 28..0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
11. 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.
12. 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.
13. 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.en r. state. nc.us/ncwetland s.

James R. Antonneau:
Page 5 of 6
April 4, 2005:
14. 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
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 Klimek, P.E., Director
Division of Water Quality
AW K/khb
Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
cc: Mrs. Sue Harmon
?amesR,PMMI I , I_
Page 6 of 6
April 4, 2005:
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: Antonneau.McDowell.GC3373.Approval
20040524 Aaron's Store
19980248 Alexander Home Trust
20050157 Alvin A. Wilkes
20041887 Angela K. Benfield
20031134 Banner Lowe, LLC (Lowes)
20041532 Big Hill Acreage Homesteads C/O Robin Hood Inc
20050140 Bridgette T. Davis : Lots 28 & 29
20050137 Bridgette T. Davis Lot 84
19990343 Buncombe County Schools/Reynolds High School
20041156 Cataloochee Ski Area
20050302 Cathy Steinback
20041639 Charles & Christeen Lane
19981131 Commonwealth Tunnel Partners
20050661 Communities Of Penland, LLC
19971062 David And Judy Dillingham
20050180 David E. Randolph
20050119 Drew L. Van Horn
20041190 Duke Energy Corporation
20050899 Fairfield Sapphire Valley: Hampton Glenn Phase 1
20040462 Haywood Vocational Opportunities, Inc. Expansion
20050283 Helen Cook & David Caples : Lot 6
20050272 Helen Cook & David Caples : Lot 8
20040451 Hemlock Cove
19990825 Henderson County Schools New Fletcher
19981130 Highlands Cove, LLC
19990551 Jack Kasey
20050148 James R. Antonneau : Lot 26
20050298 Joseph C.Canouse
20040811 Kenneth Deck
20041811 Little Choga's Place Property Owner's Association
20050808 Louise Walker,
20041888 Luke Stamey
20041965 Marc Silvanus Dorey Yates
20041555 Marlene P. Brown
20050313 Martin H. Libman
20051197 McDowell County EWP 2005-5,7,8 9,1011
- - -
19950555 Mirrow Lake Improvement Association
4/5/2004 Never Seen
3/20/1998 1998 - Mike Parker
1/27/2005 Issued
11/23/2004 Returned as Incomplete
9/11/2003 Issued out of Raleigh
9/14/2004 Violation - Assessed - Corrected -
1/25/2005 issued
1/25/2005 issued
4/4/1999 Mike Parker
7/16/2004 Issued
2/17/2005 Issued
10/8/2004 Issued
11/10/1998 Mike Parker
3/29/2005 Violation - Settlement Agreement r
12/9/1997 Mike Parker
1 /31 /2005 Issued
1/24/2005 Issued
7/7/2004 ? Which project (they have 9 or sc
5/24/2005 Returned as incomplete
4/29/2005 Violation - waiting on revamped ap
2/14/2005 issued
2/14/2005 issued
3/23/2004
7/28/1999 Mike Parker
11/10/1998 Mike Parker
5/25/1999 Mike Parker
1/26/2005 Issued
2/16/2005 Issued
5/19/2004 Issued
11/9/2004 ? Have not seen
5/9/2005 Issued
11/23/2004 Returned as Incomplete
12/9/2004 Issued
9/20/2004 Issued
2/18/2005 Issued
7/5/2005 On?---kick awaiting Consultant --
9/27/1995 Mike Parker
..
M
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility) NameJames R. Antonnean : Lot 26
Project Number 05 0148
Recvd From APP
Barnett. Kevin
Forrest WPstall
County McDowell
County2
Region Asheville
Received Date 1/26/05 Recvd By Region
Project Type shoreline stabilization
Certificates Stream
Permit Wetland Wetland Wetland Stream Class
Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
ti' O N F- 1 1-(75) V-,IV B ( 30,832. 0.00 104.00
7 P30 n°ate TIC F7-0-
CSR kufirrss? 7 ON F '0,832. 0.01 F
r -
Mitigatign Wetland
MitigrationType Type Acres r Feet
??I
Is Wetland Rating Sheet Attached? 0 Y O N
Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y ON
Is Mitigation required? O Y ON Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
ON `1- QJ D Q 1612005 ,? KHR
cc: Regional`iOffice Page Number 1
Central C1ffice
Triage Check List
Date: 2/3/05 Project Name: James R. Antonneau
DWQ#: 05-0148
County: McDowell
To: evin Barnett, Asheville Regional Office
60-day Processing Time: revised 1/26/05 to 3/26/05 '
From: Cyndi Karoly Telephone : [phone]
I
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
Q Stream length impacted
Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
Minimization/avoidance issues
n Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
Pond fill
Mitigation Ratios
4 Ditching
El 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
reyieweri' 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!
s
T
DW L CON
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 5475.00 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
050148:
D
L Applicant Information SAN 2 6 2005
1. Owner/Applicant Information " A WATER QUALITy
KWH
Name: MR. JAMES R ANTONNEAU
Mailing Address: 8046 PALOMINO DRIVE
NAPLES, FLORIDA 34113
Telephone Number: 239-732-2098 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: MRS. SUE HARMON
Company Affiliation: PERNIITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 704-434-0706
E-mail Address:
II. Project Information
_permitsetc@carolina. rr. cam
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
PA, {
RECEIVED
l nes 'i . WonryaLL
1. Location
County: MCDOWELL Nearest Town:
NEBO
Subdivision name or site address (include phasellot number):
THE ARBOR / PHASE H / LOT #26 (WATER'S EDGE 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 FOREST LAKE HEIGHTS RD. / LEFT ON DOCKSIDE DR/ LEFT ON WATER'S EDGE
DRIVE TO LOT #26
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT. THE ENTIRE SHORELINE LENGTH OF THIS LOT
HAS AN ERODING BANK ALONG IT.
3. Property size (acres): 0.74 ACRES.
4. ! Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE THE ERODING BANK
ALONG THE ENTIRE 104 FEET SHORELINE OF THIS LOT WITH RIP RAP (LARGE SIZE) TO
STOP EROSION. THE BANK WILL NEED TO BE SLOPED TO A 1 TO 1 GRADE FOR THE RIP
RAP TO HOLD TO THE BANK. THE RIP RAP 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 104 FT. = 208 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:
4 FT. X 104 FT. = 416 SQUARE FEET (THIS PROJECT WILL BE DONE BY BARGE SO
THERE WILL NOT BE A CONSTRUCTION PATHWAY.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): FOUR TREES WILL NEED TO BE REMOVED. THEY
WILL BE REPLACED USING THE GUIDELINES SET FORTH IN THE LAKE JAMES
SHORELINE PROTECTION ORDINANCE OF MCDOWELL COUNTY. THE DISTURBED
AREA WILL HAVE MULCH APPLIED TO IT.
Full Pond
Shoreline
L/ R? p ro.p `J
y Lakeward
?. I ftA 104 f+.-Crj) Rip f4
C l eCL e- C1 r a '4ft-X1e4f+.-CICaW-
Abc? Pord
LDO)UP
The Arbor
(Ho cxnsh-uc1,a" Aal needed)
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 reap 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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Nebo area. NC James Antonneau i The Arbor/ Lot 26
Pisa ! 0
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The Arbor / Lot #25
wag's Edge Dr.
Nebo, NC 28751
LaMj& 35.7354

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Cap ot* 1OW20M MkaOSOrt corp. and/or ifs affNers. AN rWft reserved. W*#Www.rai QwftOOMftV sb
O COVAft 2000 by Oeopraphw Dau Te&dwWpy, Mc AN doff --at 02000 N-iOdkar Ted-ftO- AN d9ft reserved. This dds irr kWn inbnywbon taken with psrmissiai from
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lb-, Arbor/Ph.-9 lLot #X
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
Date ZP
Tames R. AntonnedU
Lot 26 The Arbor
d?k fC

$ E Aw.
WIM

Mk Duke
Power®
January 12, 2005
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
RE: Jim Antonneau
The Arbor subdivision / Phase 2 / Lot # 26
Nebo, NC 28761
McDowell County
Dear Ms. Karoly:
DUKE POWER
P.O. Box 1006
Charlotte, NC 28201-1006
At the owner's request for shoreline stabilization, I have made a site visit to the above
referenced lot. This proposed project meets the guidelines of Duke Power's Shoreline
]Management Plan. I will be happy to review this application for shoreline stabilization.
The 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.
incer?ely, jj clc? k"%I-N
1. Wade Harmon
Lake Management Representative
www. dukepower. com
Certification of Completion
DWQ Project No.:
County: L L ti/- te
Applicant:
`rh
Project Name:
?? ?hohel?,vfe ?`i z `P? L -
Date of Issuance of Isolated Wetland Permit:
D d
Certificate of Comoietion
Upon! completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent,'or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
-3--: c> AW),
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approy plans and specific tions,
and other supporting materials. ?Y? A?/ h ,?eY41? ?,6,
J? c?>
Signature. Date:
j
Agent's Certification
hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature
Date:
1f this projOct was designed by a Certified Professional
I' as a duly registered Professional
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observer e., Engineer,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due ca e
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Re?istra
Date