20041177 Ver 1_COMPLETE FILE_20040721

I
?s
f
wrra ?
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
July 27, 2004
Kathleen E. Ferrence
5006 Donovan Drive
Alexandria, Virginia 22304
Subject Property: Lot 169, South Pointe Subdivision, Phase H on Lake James
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1177
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
Dear Ms. Ferrence:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.007 acres of waters for the purpose of installing river rock to stabilize
approximately 167 feet of shoreline, as described within your application dated July 19, 2004. 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 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.
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:
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 Approved
(Units) Plan Location or Reference
Shoreline 167 (feet)
Waters 0.007 (acres)
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: http://h2o.enr.state.no.us/ncwetianSLs
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naturallff
i
Kathleen E. Ferrence
Page 2 of 2
July 27, 2004
2. 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).
3. 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.
4. Burke County Catawba Buffer Ordinance
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).
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.
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,
Alan e.Klimrek, P.E.
AW K/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
cc: Sue Harmon, Permits Etc
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 04-1177 Kathleen Ferrence (Burke) 401
e??
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
July 27, 2004
Kathleen E. Ferrence
5006 Donovan Drive
Alexandria, Virginia 22304
Subject Property: Lot 16, South Pointe Subdivision, Phase II on Lake James
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 04-1177
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
Dear Ms. Ferrence:
You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.007 acres of waters for the purpose, of installing river rock to stabilize
approximately 167 feet of shoreline, as described within your application dated July 19, 2004. 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 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.
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:
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 Approved
(Units) Plan Location or Reference
Shoreline 167 (feet)
Waters 0.007 (acres)
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: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
NorthCarolina
Naturally
namteen r.. rerrence
Page 2 of 2
July 27, 2004
2. 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).
3. 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.
4. Burke County Catawba Buffer Ordinance
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).
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.
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,
Alan W. Klimek, P.E.
AWK/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
cc: Sue Harmon, Permits Etc
Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USAGE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 04-1177 Kathleen Ferrence (Burke) 401
?DLOQ CopT
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: 401 iSSUBE.J
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 04117-1
1. Applicant Information
WETLANDS / 401 (
-
RO
~
,
7
Uf
I . Owner/Applicant Information
JUI; 2 ? ZU04
Name: KATHLEEN E. FERRENCE
WATER QU
Mailing Address: 5006 DONOVAN DRIVE ALITY SECTION
ALEXANDRIA, VIRGINIA 22304
Telephone Number: _703-566-4589 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authoriz ation letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: P.O. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706 Fax Number: 704-434-7100
E-mail Address:
nermitsetcna,carolina. rr. com
U. 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 map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
Wh 1 ew E, re.rrmce
1. Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): SOUTHPOINTE/ PHASE II/
LOT 169 (1838 SOUTHPOINTE DRIVE, MORGANTON, NC 28655)
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
SOUTHPOINTE DRIVE TO THE END
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): 0.78 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: _TO STABILIZE THE ENTIRE (167 FEET)
LENGTH OF SHORELINE OF THIS LOT WITH RIVER ROCK TO HELP PREVENT EROSION.
THE HEIGHT OF THE RIVER ROCK WILL BE APPROXIMATELY 4-5 FEET. THE PROJECT
WILL BE DONE BY BARGE.
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 167 FT. = 334 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. A BARGE WILL BE USED.
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. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
Applicant/Agent's Signature " DateU U
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
p'n der ren c?.
Lake (Full Pond)
Please approximatety sketch the following information on this plan
(please provide dimensions for each idlmensions)x 100 ft):
1) All proposed vegetation clewing (provide
Z Location of rip rap or fill to be placed above the wNormal PoPool* ol" elevation
or fill to be placed below the Norm
3) Location of rip rap
4) The location of any proposed structures such as buildings, retaining
walls docks, etc.
5) The location of any excavation or dridging below the "Normal Pool"
elevation,
6) Location of construction access corridors,
f; n , 1.1f I h(t,Vv
-M- ?.,L-_ I,,.i.L. -C Li,.? ?Chnroinr. nnnrFl?rirnA?-v.?ij l?0 1 1

\\ n v" r
h ??• O,
Ip 16.
\ qt %6
f?3 ,4
\ \ \ (168? c
-?
CA?-) o -
SE"
se-MACK
1240
\\N 0.71E? Ac. 4
N
\ Sri, ` • w

X'S 566) a pprox
aver rock,
T
N-
(ol 11 near fee 4 of S 57' 49' E /
38.95' '
?} 5 Feet in heir h-f , S ea• 12.0
43.94'
11
(172 %
I

5 74. 49' 07' E
21.98'
Proposed bEaf dock 4 =
Mike Ferrence
a-:_-
PBeing Lot 169 Map No 2 of 5
40 w 20 0 40 80 SOUTHPOINTE PHASE 2
SENSE Recorded in Plat Book 880 Page 12
Morganton. North Carolina, United States "Imn E. Ferrcnc,
- 126!
126
Ispah National Fo sst
N?
eke James (12;
126 234 y
!i ;1244:
1249
Soutt ft hte/ Lot 169
Morganbn, NC 29555
LaftAe 35.75779
,
1{290
mi 0

1
1226 -------------
1.208
1 1.5 2 2.5
Copyright O 198&2001 Microsoft Corp. and/or its suppliers. All rights reserved. hapWwww rnicrosoft.com/streets
O Copyright 2000 by Geographic Data Technology. Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.
K4Aken 6. fermrrv
SW,h not flit/ Lof I4)9
KaAleen E, rerrence,
To: North Carolina Division of Water Quality
I give Sue Hannon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)
Date 7 -/o ??/