20050593 Ver 1_Complete File_20050408

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1 i
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Atichacl 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
April 25, 2C05
DWQ Project # 05-0593
McDowell County
Dale M. Nelson
2437 Knickerbocker Lane
Charlotte, NC 28212
Subject Property: The Arbor / Phase VII / Lot #272
Larkhaven Drive, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Nelson:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 800 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 April 8, 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, Ncrth Carolina 27604
Phone: [phone]/ FAX [phone] / Intemet: http•//h2o.enr state nc us/ncwetlands
North Carolina
AMAX!
An Equal Opportunity/Affirmative Action Employer - 500,16 Recycled/109,16 Post Consumer Paper
Dale NT. Nelson
Page 2 of 6
April 25, 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 800 (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.
Dale M. Nelson
Page 3 of 6
April 25, 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. In no way does this Certification allow for the use of
"river rock."
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.
Dale NI. Nelson
Page 4 of 6
April 25, 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;
Additionally, should a dense woody buffer not exist along the shoreline, one must
be planted at the completion of the construction activity which complies with the
Catawba Buffer Rules.
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/ncwetlands.
Uale N1. Nelson
Page 5 of 6
April 25, 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.
Dale M. Nelson
Page 6 of 6
April 25, 2005:
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 W. Klimek, P.E.
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: Nelson. McDowell. GC3373.Approval
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Barnett. Kevin
WQ Supervisor: .1 ager Fdwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Dale Nelson
Project Number 05 0593
Recvd From APP
Received Date 4/8/05 Recvd By Region
Project Type Slioreline stabilization
County N cDowell
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 F_ PT _@N F__ 11-(23) FySV/ _30.F_ F_
O Y _0N r I F_F_Ir F_-( F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y @N Did you request more info? O Y @N
Have Project Changes/Conditions Been Discussed With Applicant? O Y @ N
Is Mitigation required? O Y O N Recommendation: O Issue OO Issue/fond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
Issued out of ARO - 04/25/2005 - KHB
cc: Regional Office
Page
Central Office Number 1
Triage Cheep List
Date: 4/a
1105
Project Name: Dale Nelson
DWQ#: 05-0593
County: McDowell
To:
From!
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 4/8/05 to 6/6/05
Cyndi Karoly Telephone : [phone]
W,
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
1-1
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!
7

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

R19@19OW[90
APR S 2005
1. Applicant Information
Ow
DENR - WATER QUALITY
VOLNIDSANDSTOR -CATERBRAfXH
Telephone Number: r/0 :5- X Fax Number: ' - O--
E-mail Address: e So y1 QS . _? ra sn. _ _
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:
Company Affiliation:
Mailing Address:
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
i
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.
Location ? "
County: lV r _/) a t.J e- Nearest Town:
Subdivision name or site address (include phase/lot number):. fir G c Y
Directions to site please include road numbers, landmarks, etc. (This is not /
necessary if an adequate vicinity map is included): a±g Y re Yd " /t/c L'n4?rY/?
2. Describe the existing land use or condition of he site at the time of this
annlicatinn I/4 _e- c-- it-t, ?-? -i3
Zr_ c-%- c P f t.?, v
3. Property size (acres): / • /
4. Nearest body of water (stream/river/sound/ocean/lake): ?? ?t GCS !w? S
5. 1) c be the purpose of the proposed work: l? ?p - TI 1/0
G C Gz if 8 :e Y vk C_ i-c H
6. List the type of equipment to be used to construct the project: ' o Y?c ; o
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, n
etc.) below the normal pool lake level in square feet or acres: ?
h,rf G:L 114 -?. Oit vc i k e
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 f get land-ward in
square feet or acres: a - h o e- n'. `L-/? ho b. Please describe vegetation above the normal pool lake level and 50 fe t land-
ward to be impacted (number of trees for instance): W ?VE - kc&_YC_-_ pb_JLIe,
1.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
V L-T Y C(l C y U bGN-(
k 00- ,- ( •k -/ - v- - -
C C? L
? F? yc. pa?? U
c?cC,.
J,
o b
- (ow
Sys r / ;'O /?

?Y? W4tcY ?V ??75
Please approximately sketch the follovring Information on this plan
(please provide dimensions for each Item, such as 10 M x 100 ft):
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 the Full Pond elevation
4) The location of any proposed structures such as bu€ldings, reta€ning
vralls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
.I
Full Pond
Shoreline
dc?td ?rc?
I3 ft x 15D ft

Lake (At Full Pond)
mmtcd zrca
taftxl:9ft
IV /
V?' p
dzck:O ftx7 ft
rirz)
5ftxMft
I?clu?? full
and 5 It x IA It
abovo full
pond
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 Full Pond elevation
3) Location of rip rap or rill to be placed below the Full Pond 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 Full Pond
elevation.
0) Location of construction access corridors.
I
,,
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Unio

US Army Corps of Engineers
151 Patton Avenue
Avery Clay
Jackson n
Polk Watauga

Room 208 Buncombe Cleveland Lincoln Rowan Yancey

Asheville, NC 28801.5006 Burke Gaston
Cabarrus Graham Macon
Madison Rutherford
Stanley
Telephone: [phone] Caldwell Maywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office
US Army Corps Of Engineers Alamance Durham
l Johnston Rockingham Wilson

6508 Falls of the Ncuse Road A
lcghany Edgecombe Lee
Ashe Franklin N
h Stokes Yadkin

Suite 120
Raleigh
NC 27615
Caswell Forsyth as
Northampton Surry
Vance
,
Telephone: [phone] Chatham Granville
Davidson Guilford Orange
P Wake

Fax: [phone]
Davie Halifax erson
Randolph Warren
Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bettie Dare Lenoir Tyrrell
Post Office Box 1000
Washington
NC 27889-1000 Camden Gates
' Martin Washington
,
Telephone: [phone] Carteret
Green
Chowan Hertford Pamlico
Pasquotank Wayne
Fax: [phone] Craven llyde Perquimans •Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service / National M arine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office US Fish and Wildlife Service National Marine Fisheries Service

Post Office Box 33726 Asheville Field Office
160 Zillicoa Street Habitat Conservation Division

Raleigh, NC 27636-3726
Asheville, NC 28801 Pivers Island
Beaufort
NC 28516
Telephone: [phone] Telephone: [phone] ,
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit Division of Water Quality State Historic Preservation Office

1650 Mail Service Center Wetlands Restoration Program
1619 Mail Service Center Department Of Cultural Resources

Raleigh, NC 27699-1650
Raleigh, NC 27699-1619 4617 Mail Service Center
Raleigh
NC 276994617
Telephone: [phone]
Fax: [phone] Telephone: [phone] ,
Telephone: [phone]
Fax: [phone] Fax: [phone]
CA111A and NC Coastal Counties
Division of Coastal Management
1638 Mail Service Center Beaufort Chowan Hertford Pasquotank

Raleigh, NC 27699-1638
T
l Bcrtie
Brunswick Craven
Currituck Hyde Pender
New Hanover Perquimans
e
ephone: [phone]
F Camden Dare Onslow Tyrrell
ax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 ldlewild Road Ashe Mitchell Wilkes
Kemcrsville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Suny
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone]
Fax: [phone] Maywood McDowe Graham
ll Yancey Madison Transylvania