20050213 Ver 1_Complete File_20050203

J WArF9
?O? QG
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
June 23,.2005
DWQ Project # Re-Issue 05-0213
Jackson County
David and Sherry Sims
Sugar Cove Properties
Post Office Box 1258
Highlands, NC 28741
Subject Property: Gray's Ridge Road
Bear Lake
ag @ P= N19 9
SEP 2 6 2005
pEt?ii, WATER 0,,RAvAiE11 B NC"
Approval of 401 Water Quality Certification with Additional Cortit?r>?s
Dear Mrssrs. Sims:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 150 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 February 7, 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] / Intemet http://h2o.enr.state.nc. us/ncwetlands
NorthCarolina
?Vaturally
An Equal Opportunity/Affirmative Acton Employer-509'10 Recycled/10% Post Consumer Paper
David and Sherry Sims:
Page 2 of 5
June 23, 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
A roved Units
Shoreline 150 (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.
David and Sherry Sims:
Page 3 of 5
June 23, 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, nor a dry stack boulder wall.
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.
David and Sherry Sims:
Page 4 of 5
June 23, 2005:
9. Turbidity Standard
The turbidity standard of 25 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/ncwetiands.
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
I
David and Sherry Sims:
Page 5 of 5
June 23, 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,
AlanK Klimek, P.E., Director
Division of Water Quality
AW Klkhb
Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: Sims.Jackson.GC3373.Approval
20041550 Mountain Inn & Suites C/O Jeffrey Justus
20050912 Mountain Park S/D C/O Lake Adger Developers Inc
20041906 Neil & Jean White
20051081 Pilot Mountain S/D
20042005 Ronald M. Niland
20042025 Scott A. Davis
20050196 Scott Olsteen
20021546 Setzer's Gap Presbyterian Church
20050183 Steven B. Meadows
20021185 Steven Rainwater
20050213 Sugar Cove Properties LLC For David/Sherry Sims
20051176 Swain County, Argenziano Riverbank Stabilization
20051511 The Settings at Black Mountain c/o Chip Knight
20051167 Thomas W Suttles
20051459 USDOT - Straight Fork Bridge, Smoky Mountains National Park PRA-GRSM 105(1)
20051435 USDOT- Blue Ridge Parkway Rehabilitation
20050138 William L. Hamer
20051042 Willmatt Lakeside Property
20051230 Yancey County EWP South Toe River DSR 44
9/17/2004 Issued
5/25/2005 Returned as Incomplete
11/29/2004 Returned as Incomplete
6/17/2005 Issued
12/16/2004 Issued
12/21/2004 Issued
1/28/2005 Issued
9/26/2002 ? Never seen
2/2/2005 Issued
1/18/2005 Issued
2/3/2005 Issued
6/28/2005 Should be returned - Probably nex
8/9/2005 Violation - On Hold - Application is
6/27/2005 Returned as Incomplete
8/3/2005 Mike Parker
7/29/2005 Mike Parker
1/25/2005 ? Never seen
6/9/2005 Returned as Incomplete
7/5/2005 On - Hold awaiting Consultant
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Barnett, Kevin
WQ Supervisor: ForrPSt WPStall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Sugar Cove Properties LLC for David/Sherry Sims
Project Number 05 0213
Recvd From APP
Received Date 2/3/05 Recvd By Region
Project Type Residential
f%-"!X,--A--
Stream
Cla s
County Jackson
County2
Region Asheville
Permit Wetland Wetland Wetland Stream s Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 F- O Y O N F--29.79 (5.5) WSI1I TR 40,402.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
ON-HOLD'- 02/16/2005 - KHB
NOV-sent 02/16/2005 ,
cc: Regional Office
Central Office Page Number 1
Triage Check Dist
Date: 2/4/05 Project Name: Sugar Cove Properties
DWQ#: 05-0213
County: Jackson
To: Kevin Barnett, Asheville Regional Office
60-day Processing Time: revised 2/3/05 to 4/3/05
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 (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
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!

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
I. Applicant Information
1. Owner/Applicant Informatio
Name:5(,tcar- Cove- rrc)
Mailing Address: 6
D ? L!
FF ? , ` ?J
;AT'-- kiry
Iva) MaWATER
L.L L. ?1?Qv.d?Sh?'r2a S.'m
Telephone Numbe{ SL > - Fax Number( YZ-S )52_6 -
E-mail Address: M to i M:5 rcD A O L.( cwn
17
5 ), er r j 14 - 2. 'Agent Information (A signed and dated copy of the Agent Authorization letter
S i ni 5 1,5 must be attached if the Agent has signatory authority for the owner/applicant.)
lt.t can ?c er Name: `jc?tYl C QS 6k_,60-,`f_ I e L. L , C l s C? I
?? oqe C_ Company Affiliation: t c, C ,I
e c.L r e
P Mailing Address: 1"J
L.._. L, L . ?Samp
ineo. ck5 i n I)
r?- 0 rt .

1
5c?rn? i n ??? Cis* it-) r)().
Telephone Number: Fax Number:
E-mail Address:
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.
F0 I U Vv' 2.

cl j l T«ck son w.
C0?1 5i Jers -f hi s
3 I of 67-6y 5 R LACA
hd. las-?
(v i- t r 5u? ar 4.
Lcwl '? . 5.
6
7.
8.
1. Location __F
County: Jc c k>on Ca. W • C Nearest Town: I l r Cl<a Pe q CE' N . C
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): Irv m Iy k u N L - NC I Or7 -fy
'I I, Cktl ,<Ie f-. t?)G : p,>>J 6_Lrn /e,_r+ 6)j-
251 -' tv (3 r ?#Y)Cxfr'l• 1 Z 0111CS -z, t
-1- r?
end 0( pJ A Vernrrrf a ' d 7'TCrn ICP4 Oil 4-l oYCst S('i" J i c e cr6CeS6
Describe the existing land use or condition of the site at the time of this
application: (ctrAd (5 ce-l ? i n f oC ct f1'c1 n --a) aryp ed y o C'c
-G>r reCrea-h'on_ ( Qeirpc)nc?l no-f Cornn'1 r,:i zl 0oct n
/ J .
?lni i 1')'1 {7 I I n CI S {? ln G
Property size (acres): c2I ckcrtf_
Nearest body of water (stream/river/sound/ocean/lake): Be-CL?' LO-k e--
Describe the purpose of the proposed work: S{ztl7? i zC- `? kore- I ? ne- «n d
?? 1 ? m i 11 c -? e. -? ho re I ? ?-? e ?,ros i E? n .
List the type of equipment to be used to construct the project: ChaC n 5(k Ups (r16knn Me r,S
Shu?'?Is, Sr?GI I fi>?Ck-hUe. n,Lbh?r c=ress---+-I-e ," ? ?hci-??.
?{ I( dirf
Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: ') i 06C+ v n
12r??P ?i h vl- -I-??e . Z 5 -,- c..re. cL-ncdy cl) Oro.
d-D ?XiS Iin? eros 1 , Problem .
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: 17 .l e e s W ko , e r) c-f 5 5-I Ch7 f'1 L1 S t rod c
WI l I (--)e- Le Cc) Ve d a - C ekill-b t\ v
II dir+ +D -iq 1I In ero-s-I (on ,
b. Please describe vegetation above the normal pool lake level and 50 feet land-
warlto be impacted (number of trees for instance): Gi S t?en+T -o n r'C?
7 Cxo,-(P , ') + e e,S SVS f em c .
_ J K_
Applicant/Agent's Si ur Date
(Agent's signature is diitd(o'nly if an authorization letter from the applicant is provided.)
Lake (Full Pond)
Full Pond
Shoreline Z?
11 I

L T?t'? fo be
Leo ?
,2.:
?? N
- .150
h v.3E?1e`"

Please approximately sketch the folloxing information on this plan
(please provide dimensions for each stein, such as 10 ft. x I00 ft):
1) All proposed vegetation clearing (pra.,ide dimensions)
2) Location of rip rap or fill to be placed above the Full Pond elevation
3) Locatin of rip rap or Tall to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
v.,alls. docks, etc.
5) The location of any excavation or dredging below the Full Pond
elL-vatiotti
6) Location of construction access corridors..
Lake (At Full Pond)
dock 31 ft xlft
Full Pond
Shoreline cxcivatedarea
.10 it x150 it
rip rap
5 ft it 150 ft
LrLiw bill
cleared area - pond 5 ftx 153 ft
art I Im it ahnra full
liutl?l
X I
AM
f
i
i
i
l
Phase approximately sketch Hie following information can this plan
(please provide dimensions for each item, such as 10 it, x 10D f0'.
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. Hie Fuel Pond elevation
4) The locafton of any proposed structures such as buildings, retaining
i:?alls, docks; etc.
S) Tlie location of any excavation or dr dginrg belmv the Full Pond
elc vltion.
6) Location of construction access coiridors.
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredcll Mitchell Union
US Army Corps of Engineers AN-cry Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwcll Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Sorry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret' Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Ilyde Pcrquimans •Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen I lamelt Pcndcr
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Ilanovcr Scotland
US Fish and Wildlife Service / National Ma rine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office I labitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] Telephone: [phone]
North Carolina State Agencies
Division of Water Quality Division of Water Quality State Ilistoric Preservation Office
401 Wetlands Unit Wetlands Restoration Program Department Of Cultural Resources
1650 Mail Service Center 1619 Mail Service Center 4617 Mail Service Center
Raleigh, NC 27699-1650 Raleigh, NC 27699-1619 Raleigh, NC 27699-4617
Telephone: [phone] Telephone: [phone] Telephone: [phone]
Fax: [phone] Fax: [phone] Fax: [phone]
CANNA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bcrtie Craven Hyde Pcndcr
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Pcrquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
hemcrsville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Sorry
Mountain Region Coordinator Buncombe I lenderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey