HomeMy WebLinkAbout20031445 Ver 1_COMPLETE FILE_20031114Gl
W ATF?
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
November 26, 2003
DWQ Project #: 03-1445
Burke County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
William Linville
10790 Grindstone Drive
Fishers, IN 46038
Subject Property: Lot# 138, South Pointe subdivision, Phase II
Dear Mr. Linville:
You have our approval; in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.00275 acres of waters on Lake James for the purpose of
installing river rock to stabilize approximately 60 feet of shoreline, as described within your application
dated November 13, 2003. After reviewing your application, we have decided that the impacts are
covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s)
3373 (GC3373). The Certification(s) allows you to use Regional General Permit No. 198200030 when
issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. 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 and
Duke Power regulations and permits. Also, this approval will expire when the accompanying 404 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. 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. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 2B .0243(5).
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)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
W%,
Page 2
Mr. Linville
November 26, 2003
2. 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.
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, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Attachments:
JRD/bs
Certificate of
GC 3373
a RKliek, P.E
Dr
Complet n
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon, Permits, Etc.
DWQ # 03-1445
VT
DWG cOPtt
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. Pleased
provide seven (7) copies of this application and supporting information as well as a 7I
non-refundable application fee to the Division of Water Quality of $200.00 for r
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom'
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
4
WETLANDS 1401 CROUP
NOV 1 4 2003
WATER QUALITY SECTION
I.
Applicant Information
1. Owner/Applicant Information Willi
Name: Mailing Address: 1.6191
U
Telephone Number: 319-969 - &093 Fax Number:
E-mail Address:
Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: PERM11S ETC
Company Affiliation:, 51 ?F HARMON
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 26017
Telephone Number:90 - 4.34- 0'7 Q (D Fax Number:'704.7 x.34 -'1 I 00
E-mail Address: 1:)er mI'ke GQ mrolinCr. rr. GDin
Il. Project Information
Attach a vicinity map clearly showing the location of the property with respect to
local landmarks such as towns, rivers, and roads. Also provide a d6tailed 'site
plan showing property boundaries and development plans in relation to
surrounding properties. You may use the diagram below to make a hand sketch of
your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: 13U,f' Ke, Nearest Town: 01"? 0.1'I* 13$
Subdivision name or site address (include phase/lot number): 5ou.t Oi nfe hose
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included)_ From orqunfon -I&Kc,
2. Describe the existing land use or conditi
res
3. Property size (acres): ??'1`1 C;QCfie?
4. Nearest body of water (stream/river/sound/ocean/lake): LARe OEM eS
5. Describe the purpose of the proposed work: -to help S+Ci bi I i ze 4-he,
6. List the type of equi ment to be used to construct the project: -A bme, , bacK how
nrtd band jIts
T Amount of impact (including all excavation, backfill, rip rap, retaining walls, ?J
etc.) below the normal pool lake level in square feet or acres: a ` X X00, - 1120
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
- q9_ will be, us5 d ,
square feet or acres: 011e . bar
b. Please describe vegetation above the normal pool 1_alce level and 50 feet land-
ward to be impacted (number of trees for instance): NO 5 wl it be r
at the time of this
lKe, I0
/Agent's Signature Date
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)
'Wi l ti am Lj nv; l le,
Lei- 138
5 w+h, Poi rl LLbdi V s I
Lake (Full Pond)
Full Pond
Shoreline
A bw-ge, *'It 10
bob dacK
- propose
N,o ecp PMM+ w i It be usod
in bur area--
?il?ia.m ?.invill?
Lot i3g
l..a '-WC -rCj
River rock
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" elevatWn
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
d) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
3) The location of any excavation or dredging below the "Normalfooi"
elevation.
6) Location of construction access corridors.
* Lbrq+h
o? slx?reline of Lo+?138 is approxt'Cy
S0 - Me 10 n%, ,
i h?- river ro qivt I`he. river rock will be applied ft .
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o? Ac shori?l in e.
wi 6l be, owroxi ma4rJ - -" in
N iwom
Lod M??to, r
"515.60 ? . ? -•'
\ ?,,, ? y ? 30 p0„ i
Lake Ja-tes 81 19
? L.556 ?2a •6? ,? / ,.s
?^ Oa. iL360 ..349 E?pn Build inQ'f
3 Set9ack 128
N 40' 09 +J4 E'.. f1 f~`J
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w .25,
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s
1'31 a 0.64 Ac. 10'x70
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r, a a r 139
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1.38= 1.03 Ac: /54.12
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SCA,IG ? ? 1110"' ? ?e?. ` ? •?a?' -F
Pprox. ``?
Setbacks along ioo
sake James
W,
F' Pubic Rood
4141
X141
frorr,
Oklx
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ineT
`Not On LOke) III??Rfff??? ,`/?
"e*b 100 50 0. 1100
SCALE: 1 = ' r?vtsc -
Morganton area, North Carolina, United States wiliom unvilLc,
?r
Lot 138/Sherbourne Ct
Morganton, NC 28655
LatbAe 35.75949
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William Linville
W11(ca.m UnVi l1e,
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 \ `?