20042025 Ver 1_Complete File_20041221

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
p A^ Alan W. Klimek, P.E. Director
Division of Water Quality
April 4, 2005
DWQ Project # 04-2025
Burke County
Mr. Scott A. Davis
1247 Burkemont Avenue
Morganton, NC 28655
Subject Property: Mallard Cove / Phase 1 / Lot #13
6113 Holiday Shores Avenue, Nebo, NC 28761
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 390 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 25, 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
(USAGE). 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] / Internet: htto://h2o,enr.state nc.us/ncwetlands
NorthCarolina
?Vahtml!J
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Scott A Davis:
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 395 (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.
Scott A Davis:
L 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 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.
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.
Scott A Davis:
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 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 401NVetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetiands.

14. Burke County Catawba Buffer Ordinance
Scott A Davis:
Page 5 of 6
April 4, 2005:
The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Quality under the Catawba River Basin: Protection
and Maintenance of Existing Riparian Buffers, 15A NCAC 02B.0243(b).
r
15. 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,
M&K-?
Alan W. Klimek, P.E.
AWK/khb
Scott A Davis:.
Page 6 of 6-v s
April 4, 2005:
Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
r
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: ScottADavis. Burke. 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
N
A-TF
-erm , Fto.
P.O. Box 234
Boiling Springs, NC 28017
704-434-0706 704-434-7100 Fax
February 11, 2005
Mr. Kevin Barnett
NCDENR
Division of Water Quality
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Re: Mr. Scott A. Davis
Mallard Cove / Phase 1 / Lot #13
Nebo, NC 28761
Burke County / DWQ Project # 04-2025
Dear Mr. Barnett:
Fm@OP W 0
FEB 1 4 2005
DENR - WATER QUALITY
WEXANDS AND STORMWATER BRANCH
This letter is in response to your letter needing additional information for my client's 401
application. I was under the impression that Mr. Davis was going to call and speak with
you about his lake lot after receiving your letter requesting more information. In an e-
mail message to me recently, you said that you had no telephone log of a conversation
with him: I apologize for the delay in getting this letter to you, but Mr. Davis told me that
he had spoken with you about this.
Enclosed are two new pictures of his shoreline. There is erosion on the shoreline of this
lot. As you can see in the picture, below full pool elevation, there is a fairly steep slope
going from the shoreline into the lake. My applicant proposes to build a boat dock out
from the ramp that you see in the picture. He wants to rest assured that the shoreline
around his proposed boat dock will be stable. His request is for fifty (50) linear feet of
rip rap, two (2) feet in height.
He has received approvals from Burke County and The U. S. Army Corps of Engineers.
Duke Power has said that it meets their Shoreline Management Plan guidelines.
Thank you for your consideration of this request. Again, I apologize for the delay in
sending this letter to you.
Sincerely,
Sue armon
L"
Enclosures (1)
Cc: Ms. Cyndi Karoly, 401 Permitting Unit
S A. Levi s Wl"d c"G 1 Ph.I /La* 13
Du* Proje&it a?-Xo 5
?i
MEMORANDUM
TO: John Dorney Regional Contact: Barnett. Kevin
Non-Discharge Branch WQ Supervisor: ForrPSt WPStall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Scott A. Davis County Burke
Project Number 04 ' 2025 County2
Recvd From APP Region Asheville
Received Date 12/21/04 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.
GP30 water & O Y _0N r 11-(23) wsv I D 30,830. 0.00 50.00
i
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y O N Did you request more info? O Y O N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y O N Recommendation: O Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
On Hold - Add Info Mailed 01/03/2005 - KHB
cc: Regional Office Page Number 1
Central Office
Facility Name Scott A. Davis
Project Number 04 2025
Comments (continued from page 1):
County Burke
Regional Contact: Barnett, Kevin
Date:
cc: Regional Office Page Number 2
Central Office
Date:
To:
12/21/04
Triage Check List
Project Name: Scott A. Davis
Kevin Barnett, Asheville Regional Office
60-day Processing Time: 12/21/04 to 2/18/05
From: Cyndi' Karoly Telephone : [phone]
DWQ#: 04-2025
County: Burke
rs
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
DWQ, CopT
FILE LL
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 botto of greater
or equal to 1 acre.
Applications should be sent to:
o??I ?b?'??so
Division of Water Quality Wetlands Unit
1650 Mail Service Center J?
Raleigh, NC 27699-1650 OA 2
L Applicant Information
1. Owner/Applicant Information
Name: SCOTT A. DAVIS
Mailing Address: 1247 BURKEMONT AVENUE
MORGANTON, NC 28655
Telephone Number: _828433-7000 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 704-434-0706 Fax Number: 704434-7100
E-mail Address: [e-mail]
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-reap and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
P/ 1114El""T
RECEIVED
1. Location
County: BURKE Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): MALLARD COVE / PHASE 1 /
LOT #13 (6113 HOLIDAY SHORES AVE., NEBO, NC 28761)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST / LEFT ON
BENFIELD'S LANDING RD. / LEFT ON HOLIDAY SHORES AVE. / LOT ON RIGHT
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT.
3. Property size (acres): 2.51 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE APPROXIMATELY 50 FEET
OF SHORELINE BY APPLYING RIP RAP. THE RIP RAP WILL BE APPROXIMATELY 2 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 50 FT. = 100 SQUARE FEET.
8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
above the normal pool lake level and 50 feet land-ward in square feet or acres:
NONE.
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED TO COMPLETE
THIS PROJECT.
Applicant/Agent's Signature u ` Date
(Agent's signature is valid only if an authorization letter from the applicant is, provided.)
SC ? . ?CIViS
al la rd Cove f l-Ut ? J3 _
Me-kn. I C
Lake (Full Pond)
A barcie, will e, u6ed -fo ls o'ert,
Full Pond
Shoreline
R? P rap Lakeward
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
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N '/5 13' 15' E R, O .9 23.29- EXISTING IRON PIPE L1 L2 L3 L 1.31 Ac. ?J
CONTROL CORNER of ?, 10' UTILITY do DRAINAGE
>>' °3ts EASEMENT
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'o ?. 1.21 Ac.
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2
13 'aJ pcLAKE JAMES
2.51 Ac. co
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EXISTING IRON PIPE 0' UTILITY & DRAINAGE
?ONTROL CORNER SEIMENT (jg ?CO c y15
VS N 5 / 1,t lard Cove /Lot- ! 3
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TROL CORNER
5 Owl f\,.? t EIP LAKE JAMES
kjecl vJi If be dune u?,inq-
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LAUREL POINTE
PB 10 PC 138 ,
CRESCENT RESOUR&S, INC.
DB 351 PC 229
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Morganton area, NC Scott A. Davis / Mallard Cove / Lot 13
sgah National Forest 3
Scott A. Davis
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Malkfrd Cove / Lot #13
Nebo, NC 28761
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Latitude 36.73896 - -
Longitude -81,8E671
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Mallard Cove. /,4r 3
i
i i
?Cd ?} A . Davis
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) CA-,
Date Is Ls?L&4
Duke
Po were
December 9, 2004
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Ms Karoly:
DUKE POWER
P. 0. Box 1006
Charlotte, NC 28201-1006
Mr. Scott Davis, owner of lot 13, Mallard Cove subdivision, located at 6113 Holiday
Shores Avenue near Nebo, on Lake James in Burke County, would like to apply for
shoreline stabilization of his lake lot.
I have made a site visit to this lot. I will be happy to review his application for shoreline
stabilization. His application must include approval from your agency and the U. S. Army
Corps of Engineers.
Please call me if you have any questions at 704-382-8577.
incerely,
Lk)t1
J. Wade Harmon
Lake Management Representative
www.dukepower.com