20050534 Ver 1_Complete File_20050330

i
Michael F. Easley, Cmvemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of WaterQuality
i
April 6, 2005
DWQ Project # 05-0534
McDowell County
George Mayo'
5120 Wolcott Court
Fuquay Varinla, NC 27526
Subject Propl rt: Black Forest
Y /Phase 1 /Lot #29
Black Forest Drive, Marion 28752
Approval of'401 Water Quality Certification with Additional Conditions
Dear Mr. Wickham:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 200 square feet of shoreline for the
purpose of stabilization at the subject property, as described within your application
received by Ithe N.C. Division of Water Quality (DWQ) on March 16, 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. 1 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. IIf 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 linearlfeet 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, orth Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250) Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetiands
NorthCarolina
Aahirall?
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
tzlewYeiviayu
Page 2 of 6
April 6,2005:
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 200 (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.
vcvi yc iviayv
Page3 of6
April 6,2005:
j
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 Cnaximum 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 ban ks shall be laid back at a 2:1 sloe and ri rap a
p p pplied 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
channlel 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.
vcviye iviayv
Page4 of6
April 6,2005:
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 2B. .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.enr.state.nc.us/ncwetiands.
. .J.--yv
Pages of6
April 6,2005:
r
i`
14. Property Access
As Due Power Company owns part, or all, of the
property on which this
stabiliztition 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
Projec 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.
I
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,
AWK/khb
Enclosures. I
GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
. Ian W. Klimek, P.E.
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Page 6 of 6 `
April 6,2005:
cc: 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: Mayo. McDowell. GC3373.Approval
ri
MEMORANDUM
TO: John Dorney Regional Contact:
Non-Discharge Branch WQ Supervisor:
Date:
_Barnett, Kevin
ForrPst WPstall
SUBJECT: WETLAI ND STAFF REPORT AND RECOMMENDATIONS
f
Facility Name George Mayo Jr County McDowell
t
Project Number 05 0534 County2
Recvd From APP (( Region Asheville
Received Date' 3/20/05 i Recvd By Region
Project Type Shoreline stabilization
i
Certificates Streamr
Class
Permit Wetland Wetland Wetland Stream Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.,
GP30 F__O Y O ? F- 11-(23) TS _V/ F - 30,830. I - F-
Mitigation Wetland
MitigationType Type Acres Feet
II
i
I'
I
Is Wetland Rating SheetAttached? 0 Y 0 N Did you request more info? 0 Y OO N
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? O Y *N Recommendation: O Issue 0 Issue/fond O Deny
I
Provided by Region: La titude (ddmmss) 354320 Longitude (ddmmss) 815807
Comments: j Awaiting ltr to fill in approved project
Issued ARO - 04/06/05 - KHB details
Dbase updated w/ apprvl date only
L Dennison
cc: Regional Office
Page
Central Office Number 1
Triage Check List
Date: 3/31/05 Project Name: George Mayo
I DWQ#: 05-0534
Kevin Barnett, Asheville Regional Office County: McDowell
To: 60-day Processing Time: 3/30/05 to 5/28/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
I
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffex Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
i
? 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: is 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!
41
?, oW C©
RECEIVED 0 5 0 3 4
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 Engineer ermi GP30. This Application cannot be used.
for wetland orb stream impacts. Please provide vt (*copies of this application and supporting 4 ? 'information as,well as a non-refundable application fee to the Division of Water Quality of $200.0
for impacts ofto lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre.
f
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 2j7699-1650 p
L Applicant Information MA8 3
2(1_5
1. Owner/Applicant Information VVE
W V}a
Name: MR. GEORGE L. MAYO, JR. ?wusrcn,;'arrxzb
Mailing Address: 5120 WOLCOTT COURT
i
i FUQUAY VARINA, NC 27526
Telephone Number: _919-557-7029 Fax Number:
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E-mail Address:
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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
i
Company Affiliation: PERMITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706 Fax Number: 704-434-7100
E-mail Address: [e-mail]
II. Project Information
Attach a vici ity map clearly showing the location of the property with respect to local landmarks such
as towns, riv'rs, 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.

GEORGE L. MAYO, JR.
1. Location;
County: MCDOWELL Nearest Town: MARION
Subdivision name or site address (include phase/lot number): BLACK FOREST / PH. 1 / LOT #29
J BLACK FOREST DRIVE, MARION, NC 28752)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is ?included): FROM MARION TAKE HWY 221 NORTH / TR ON HANKINS
RD. / TL ON LAKE JAMES RD. / TR ON BLACK FOREST DRIVE TO THE END
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VERY LARGE, VACANT, WOODED LAKE LOT.
3. Property,size (acres): 6.049 ACRES
4. Nearestlbody of water (stream/river/sound/ocean/lake): _LAKE JAMES
k
5. Describe the purpose of the proposed work: TO STABILIZE APPROXIMATELY 100
FEET OF THE ERODING UNDERCUT BANK ALONG THE SHORELINE OF THIS LOT BY
i
APPLYING RIP RAP. THE BANK WILL BE GENTLY SLOPED FOR THE RIP RAP TO HOLD.
THE RIP RAP WILL BE 5-6 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 100 FT. = 200 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:
2 FT. IX 100 FT. = 200 SQUARE FEET
(NO CONSTRUCTION PATHWAY IS NEEDED SINCE A BARGE WILL BE USED.)
8.b. Pleasedescribe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED. ANY REMAINING
DISTURBED AREA WILL HAVE MULCH APPLIED TO IT.
I?
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
i
i
rr
I?l ac K kresf1 PU / 4* 41 a.9
orio MC '153-
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i
Lake (Full Pond)
A bGiL iI( ?SPd G,? lh?S??l rQ t.
Proposed Dock
Full Pond
Shoreline
Lakeward
of X 100 kip rup
' X IC0 Clrc r
Above F01 Pail
Nu Consfr?fi on ?ri,t6?.t?.-y
Need-e?
t.
VaCK fcfe4 Lot
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
L707
ti
LAKE JAMES
Nor
9 •
27 /%
Ac. 4Y N
I .
/ ?'? o?/ ass bcdt• DO x
Geoge L . Maio, Jr.
black Foresf / Ph. I / l.of * 29
- X S - 51tW Q pr6xi rmfe? 100
of rip rap 54,' in height-

5.195 Ac. 8
l7 ? ?~
»0 12 Lot 29
c? J 6'.049 Ac.
Lot 30
5.222 Ac.
1-70 0 7
\ t >t.

LAKE JAMES
tier zo.e . \
roject W1 e- onc, y
j'

.75' Pr°c.cc.d
Lake lDuHK (TYP•)

200 100 0 200 400
SCALE: 1 200'
Recorded In Plat Book 9 Page 2
Mc Dowell County- Registry
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REF. OEEC: ?- .
eK.
BLACK
morion
1.
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Marion area, NC George L. Mayo, Jr. Black Forest/ PhA / Lot 29
16s
1669' P gah National Forest
Geome.l Mayo,,Jr _
ldns ? Buck Forest/ Ph. V Lot 29
Marion, NC 28752
16o1,1 LattAe 35.72227
Longih-lde -81.96843 !f
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hi let 1644) A ?'.
Field„„
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Copyright O 1968.2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:/Avww.microcotLeorrVstreets
O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.
I
Cseot t?e, L??
ion, 9C Zg5g-
s
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)
E,
2?1?LUDate G

771

&eoryc. L. M4yo,Jt.
B IacK Forest' /Ph.l / Loi'# a9
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DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICAI ON FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name?_GEORGE L. MAYO, JR.
B. Mailing Address 5120 WOLCOTT COURT, FUQUAY VARINA, NC 27526
C. Telephone: [phone] (HOME)
H. Location of Proposed Project
A. Lake LAKE JAMES
B. Street Address BLACK FOREST DRIVE, MARION, NC 28752
C. CountyI MCDOWELL
D. City, town, community or landmark MARION
E. Section I PHASE 1 Lot #29 Subdivision BLACK FOREST
F. Directions to property by road FROM MARION TAKE HWY 221 NORTH / TURN RIGHT ON HANKINS
RD. / TURN LEFT ON LAKE JAMES RD. / TURN RIGHT ON BLACK FOREST DRIVE TO THE END
G. Latitude and longitude for the project site _LATITUDE 35.72227 LONGITUDE -81.96848
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonus.com.
HL Descriptio I of Project
A. Length'of wall_APPR03CIMATELY 100 LINEAR FEET
B. Material RIP RAP
C. Distance from property line/shoreline_WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A. Private YES
B. Commercial
V. Applicant Signature Date W
Agent Signature Phone [phone]'104 Fax - QO
erm?+5 Efc.
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. - ROOM 208,
ASHEVILLE, NC 28801-5006
• A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER Q UALI7T
ATTENTION: JOHNDORNEY'
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
f 919-733-17R6
03/10/05ssb