Ok I posted about this in the Geforce forums first before I realized there was a dedicated one for Linux.
So I bought a Gainward GeForce GTX 770 Phantom 2GB
I have installed the 319.23 drivers from xorg-edgers PPA
I run Linux Mint 15 64bit
have a Core i7 LGA 2011
32GB of DDR3 1600MHz RAM
And NVIDIA Settings tell me that the card runs at 540MHz GPU and 3.5GHz memory at max (3) preformance level.
This is the same clock speeds that are given for preformace level 2.
Witch makes me think it is a bug in the driver?
The card is factory overclocked and should run at 1150MHz on the GPU and 7GHz on the memory.
If there is any other information I can give that will help solve this, please let me know.