20030821 Ver 1_COMPLETE FILE_20030702

0F W AT ?9QG
? r
=i
o -c
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 18, 2003
McDowell County
DWQ Project #: 03-0821
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
,James T. Cook
779 Lake Club Drive
Nebo, NC 28761
Subject Property: 779 Lake Club Drive on Lake James
Dear Mr. Cook:
You have our approval, in accordance with the attached conditions, to impact 0.001 acres of waters for
the purpose of shoreline stabilization at 779 Lake Club Drive on Lake James as you described in your
application dated June 27, 2003 and additional information received July 14, 2003. After reviewing
your application, we have decided that this fill is covered by Nationwide Water Quality Certification
Number 3373, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This
certification allows you to use General Permit Number 198200030 when the Corps of Engineers issues
it. In addition, you should get any other federal, state or local permits before you go ahead with your
project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-
Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CANIA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application except as
modified below. 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 wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 211.0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
1. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.

N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.ustncwetlands
Page 2
2. This project is for the installation of a block sea wall to prevent further erosion of the property
due to wave action. The use of mechanical equipment on the beach must be minimized.
3. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
If you do not accept any of the conditions of this certification, 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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 John Domey at 919-733-9646 or Mike Parker of our
Asheville Regional Office at 828-251-6208.
Sincerely,
JRD/bs
Attachments
Klimek, P.E.
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits, Etc.
'V - = 401 ISSUED DW ca
FILE COQ Q
03032T
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
1. Applicant Information
1. Owner/Applicant Information
WETLANDS1401 GROUP
JUL 0" 2 2003
NITERGUAUnSECTION
Name: `1 n rrm i , w?r\
Mailing Address: '179 t.aYi- 2 lub Or
Telephone Number: - 66 Fax Number:
E-mail Address:
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: RFAMITS FTC
Company Affiliation: ?JF HARM ON
Mailing Address: P.O. BOX 234
ROILING SPRINGS, NC 28017
Telephone Number: U - 4.39 - 0'7 0(p Fax Number:'704' 34 - 71 DD
E-mail Address: ferm i k P fig rbl i na. rr. Corn
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
-X T'h,s i5 on a- *r-+he-?ad (fermi} ap011Mfion .
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.
1. Location
County: MCNW61 Nearest Town: Ne-bo
Subdivision name or site address (include phase/lot number): T79 Lakeclu.b Dr., MebaiMC
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): rdm P1p inlCe, NL I?(pT
Ld+- on LaKe, Clt1.b Drive,
2. Describe the
land
condition of the site
the time of this
3. Property size (acres): (). 5(a aCre 5
4. Nearest body of water (stream/river/sound/ocean/lake): LaRe, :TO_me5
5. Describe the purpose of the proposed work: Jb 6ittbi l i-1p, Ae, Shoreline, Qncl
aD C)reJ?.h?' 2.r'OSiOh .
6. List the type of equipment to be used to construct the project: APd 41DI5 cmd
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: 55, ' 55 ?Eq .- {t.
a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool laker level and 50 feet land-ward in
square feet or acres: a x 55 ± 4, X i0'
'50' Was 4e, Conskruci4on pa&hwaq +hat v as used 4z> haul blocks in with
b. Please describe vegetation above-the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): 0 'fees Were_ M n
n
a wheelbarrow-
Appliefrtt/Agent's Signature " ' U Date
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)
dames T. COOK
719 Lal&Club Dr.
-f Thus-As' Cal- t4ebo.). NC
Lake (Full Pond)
?.??ro?osed pig)
Full Pond N ?.0
Shoreline ` uo"d? wr
/ PUP r4P? 1,,,Y,Ewa.rcl
L_
15 l' 55 block ? awa-tl
Clear ?- a' X 55'
area Cleared - Above
?
Uofal) Pond
a
v ._
r' ?QhCIWA ?
Ne3hbors L.o+) ?Ae (c ibors W-)
T e0oK
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) AJI 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.
3) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
SP.Ct W -11 lS approximafeI5 65 Te.e+ jo . (The V ?''' oP 5lt4reline?
14 block wall has already bP.,) constructed. 14 '`VQr i es
.
-Frw I fo 3 -1 me irl height'. There, i5 146%o+ (in WdA)
o-P N p rap 40 h0 been pbud I 'n 'Front- b? Ae,
high 5ec?ron of +he, Seawodl.
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)
Date (V// 151 Q3
LAKE JAMES /
e 01 `TTg56
wOLIT
\ ' 3I?1I96
\ M1 oo..d OV .4
EfJ. 10
\ rv+ b bA 5B ?p.
\?5j7? w
/ 25,ai
15
RICHARD Z. FAULKNER
ET UX
D.B. 418, PG. 798

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D.B. 497, P¢.., 406.

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MARION LAKE CLUB. INC.
D.B. 240, PG. 21

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IIDTE7
TAX 0_123]-_ZA-Ql7
REFERENCE IS IAADE TO TIE FOLLOr-NC PLATS CF
SURVEY: IY A.L GREEN[ SU.VE "NG AND ""C r;A
-PoCNMO fAULK.VER. S/7/9S.
8Y pptvi R. JOHNSON Of MC ..
- KMCW Po,-'E $ufAOIMSON, P.9 •. ?? ..
LA
NO N. C.c.S. CONTROL MONULIENT wr- 7000v
R[STRWTIVE COVENANTS RECORDED 08 .101
,NO D.B. an, Pq. 5A3.
• EASEMENT WDTH IS TINIRPf FEET.
• UNDERGROUND UTILITIES. ABOVE 090O"D
SNO-_
OROUNO pisTANCES.
I NORIZONIAL
Mw C,rYM. C.N.4
. R•,.??.N y rN.••i.r•.w . •r?
AREA OF
771 so.r T.
105 A4
-?- W N K
ume
EXISTIN", IRSN PIPE OR DEBAR
0 IRON PIPE SC'
UNMARKED PD-- -• 1
Cc YcnuMENr-waDlvzu Em ^
0
•? s
VICINITY MAP '^'•
FKf?"Y LI' .47 :.
?C rp?
• REVISED 8/17/98 10 CHANG NGES
E SIZE AND LOCATION CHA OF EA DDOE$ NOOT CONSTITUTENCUR ENiTMSURVEY.
. ,...,..., ,TIER, ...., ..Mw..-....... .

1p. V R.L gtME SURA
Id•pNDnD
SURVEY OF THAT PRL?TSDFSCRIBID.
CARD COOK
D.H. 550, PG. 742
r.O -
DEED TO 2O 5J
zo D --?
96-050 6 ?. M » . l.E.Nn FEET
• OAIUY PLANE 1S NLAN xw ai5 AT 11.00 AM. 11-1 flip/ IANE JAMES WATER ELEVATIONS
OM 3 fyL/y{, prfNXWATON FOR SAID oATUM WAS FURN.SNLD
BY DUX[ ?OTHEII.
ONE foot CONTOUR INTERVALS.
. THE ELEVATION REPRESENTED BY ANY CONTOUR UNE AS PLA'-EO
WAS A VERTICAL ERROR NO GREATER THAN ONE N E AEA
INTERVAL Of ME PLATTED CONTOURS OVER 110% or TMC
COVERED AS SET FORM W TINE NORM CMOUNA SIANOAA:,S a
?ItAC= root LAND SURVEYORS.
• Wjµypl IS LOCATED OFFS rTOW JONT COYYUN1n WLLL
TINERE IS A 70 R. $E-A- LINE oN THE LAKE
• FRONT'. ONES. ALSO No BR1CX CA s11JNE WALL
IS TO K ERECTED NEARER TINE FRONT L0T UHE
of A LOT TNAN THE FRONT FACE OT THE 0AEU NG
LOCATED ON SKIN LOT:
11KR[ IS A U11Un EASEMENT COVERWC FIE x40111
E 1
AREAx TMiNE1n0[ n AL50E At j 'T. UT. C SE
ALoNC cAa voE LoT Lu+c.
L"tT PRROP PROPERTY IS LOCATED W A *S-"
WATERSHED REVISED 3/23/98 TO SNOW CURRENT SURVEY,
REVISED 7/17/91 To SNOW PROPOSED EASEMENT
OVER PROPERTY OF NUE7MAN R WGRCSS ANO
.TNE CHANGES. DOES
EGRESS. N t1RVE1 Of COON DROPER II'. NOT CONS TTU Ti
IN.
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Jim Cook

?OtpF W ATF9QG
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
i L
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 8, 2003
DWQ # 03-0821
McDowell County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
James T. Cook
779 Lake Club Drive
Nebo, NC 28761
Subject Property:
Dear Mr. Cook:
779 Lake Club Drive
40"1 too%
JVZiuED
On July 2, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill waters for the purpose of shoreline stabilization in McDowell County. Approval from
DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the
DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we
can begin to determine your projects' compliance with 15A NCAC 211.0500.
1. Please indicate all buffer impacts on the site plan.
2. Please indicate gazebo and all other structures including walkways and paved surfaces within the
50' Catawba Riparian Buffer.
3. Please indicate proposed lot layout as overlays on the site plan.
4. Please indicate the location of the protected buffers as overlays on the site plan.
5. Please indicate whether the impacts within the 50' Catawba Riparian Buffer Zone have already been
conducted, including gazebo and all other structures.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not
hear from you by writing or by fax at [phone] within three (3) weeks we will assume you no longer want
to pursue the project and will consider it withdrawn.
Sincerely,
1 R. Dorney
Water Quality Certifica lon Program
JRD/bs
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Sue Harmon, Permits, Etc.
?*A,
i'UENR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htto://h2o.enr..5me.ne.us/ncwetlands)
Customer Service#: 1-877-623-6748
A
ISSUED
?ewu.?ts, etc.
P.O. Box 234
Boiling Springs, NC 28017
704-434-0706 704-434-7100 Fax
July 11, 2003
Mr. John Domey
NC Division of Water Quality
2321 Crabtree Boulevard
Raleigh, NC 27604
Dear Mr. Dorney:
FILE CCU
W D51401 CROUP
JUL 14 2003
NA ER QUALITY SE MN
This letter is in response to your letter dated July 8a' concerning my client, James T.
Cook, DWQ # 03-0821. His property is on Lake James, McDowell County, located at
779 Lake Club Drive, Nebo, NC. This is an after-the-fact application for a block seawall.
Your five concerns are addressed below and shown on the attached drawing.
1. All buffer impacts are indicated on the drawing.
2. See the drawing for structures within the 50' Catawba Riparian Buffer. The
gazebo is approximately 12'x 16'. The dry stone walkway is 4' wide. The sandy
beach area is approximately 16' at its widest point.
3. The drawing shows what is already on the lot. There is no proposed new
construction.
4. Protected buffers are shown on the drawing.
ty- 5. The gazebo, dry stone walkway and the sandy beach area were already there prior
to any buffer restrictions. The block wall is the only new construction. It was
built before the landowner was aware that he needed approval from DWQ and
other agencies.
If any additional information is needed, please let me know.
Sincerely,
SAUS, 4"W-G)o
Sue Harmon
W AT ?9D
O 'C
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
July 8, 2003
DWQ # 03-0821
McDowell County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
James T. Cook
779 Lake Club Drive
Nebo, NC 28761
Subject Property: 779 Lake Club Drive
Dear Mr. Cook:
On July 2, 2003 the Division of Water Quality (DWQ) was notified by receipt of your application
regarding your plan to fill waters for the purpose of shoreline stabilization in McDowell County. Approval from
DWQ is required to disturb these areas. Please provide 7 copies of the following information and refer to the
DWQ # listed above in your reply. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we
can begin to determine your projects' compliance with 15A NCAC 2H.0500.
1. Please indicate all buffer impacts on the site plan.
2. Please indicate gazebo and all other structures including walkways and paved surfaces within the
50' Catawba Riparian Buffer.
3. Please indicate proposed lot layout as overlays on the site plan.
4. Please indicate the location of the protected buffers as overlays on the site plan.
5. Please indicate whether the impacts within the 50' Catawba Riparian Buffer Zone have already been
conducted, including gazebo and all other structures.
Please telephone Mike Horan at 919-715-3404 if you have any questions or would require copies of our
rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H
.0505(c). The processing time for this application will begin when this information is received. If we do not
hear from you by writing or by fax at [phone] within three (3) weeks we will assume you no longer want
to pursue the project and will consider it withdrawn.
Sincerely,
JRD/bs
cc: Asheville DWQ Regional Office
Asheville Corps of Engineers
Central Files
File Copy
Sue Harmon, Permits, Etc.
t R. Dorney
Water Quality Certifica on Program
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htto://h2o.enr.state.nc.us/ncwetlands)
Customer Service#: 1-877-623-6748
f?
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¦ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
James Cook
779 Lake Club Drive
Nebo, NC 28761
DWQ# 03-0821- McDowell
A.
? Agent
_ - ? Addressee
Rid by (Printed C. Date of Deliver
D. Is delivery address different from item 1? ? Yes
If YES, enter delivery address below: ? No
3.
C'Certifled Mail ?? Wess Mail
? Registered Id'Retum Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
t. Article Number 7002 2410 0003 0275 1543
(Transfer from service.labeo -
's Form 3811 , August 2001 Domestic Return Receipt 102595-02-M-154
UNITED STATES POSTAL S=RV I8S&'UAl _
&Zpes Paid IU-
• Senders. Please pnnlyourname, address and ZIP+4 in fhas box •
NC DENR Division of WaterQuality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
C} Z ?l{l i?lllll llliilltlll?lll{tlllll?llllll lllllltlil fl'Iflill{i?
.Ian Detail Incomplete' 0 2, _ Q ?'
? Please provide a location map for the project. l>
12
?
a
?p1YY??j ? CQOK
Please show all stream impacts including all fill sloes, dissipators, and bank stabilization on the site plan.
Please show all wetland impacts including fill slopes on the site plan.
Please Indicate all buffer impacts on the site plan.
?a S j G?? ??? 0. yS
Please Indicate proposed lot layout as overlays on the site plan,
} q ??c
Please indicate the location of the protected buffers as overlays on the site plan. P ?`V e S ?' ac eS w %Y 4e 50' Ca
please locate all Isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. I . .
? Please provide cross section details showing the provisions for aquatic life passage..
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as requited by GC
? Please provide detail for the stommater management practices as required by GC
Q Please spectfy'the percent of project Imperviousness area based on the estimated built-out conditions.
•Q Please indicate all stormwater outfalls on the site plan.
? Please Indicate the diffuse flow provision measures on t }site plan We- 50 , J 0, c i ?Yl jt ct 1 ec ri
vnl F one 1?? ?o.-Le?a Qll ®? ?n?c Sic c?? c.c es.
Please indicate whathw Impacts already been conducted inCl w4Avoidance and/or Minimization Not Provided
0 The. a on the plans does not appear to be necessary. Please eliminate the or provide additional Information as to why
it is necessary.for this project
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the Please
revise the plans to avoid the Impacts,
This Office believes that the Yal WsOon the plans av . can be moved or reconfigured to minimize the impacts to the Please -
revise the plans to minimize the Impacts
The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because Please
revise the plants and provide calculaflons.to show that diffuse flow will be achieved through N entire buffer. If it is not possible to achieve. diffuse .
flow through the entire buffer then.lt maybe necessary to provide stormwater management pt`actlces that remove nutrients before the stormwater .
can be discharged through the buffer.
that
t The application fee was Insufflclent because over 150 feet of stream and/or over 1 acre of wetland impact was requested. Please provide $
This additional fee must be received before your application can be reviewed
Please complete Section(s) on the application.
Please provide a signed copy of the appticaflon.
Please provide copies of the application, copies of the site plans and other supporting information.
%atlon
of compensatory mftigation Is required for this project. Please provide a compensatory mitigation plan. The plan must conform .
to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of Impacts proposed
Please indicate which 404 Permit the USACE would use to authorize this project.