20010326 Ver 1_COMPLETE FILE_20010306

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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 12, 2001
DWQ# 01-0326
Caldwell County
Robert A. and Lucy S. Kearns
5850 Deerfield Lane
Hickory, NC, 28602
APPROVAL of 401 Water Quality Certification
Dear Mr. and Ms. Kearns:
You have our approval, in accordance with the attached conditions, to place fill in 0.04 acre of waters in order to
stabilize the shoreline on your property on Lake Hickory in Caldwell County, as you described in your application received
by the Division of Water Quality on March 6, 2001. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3280. This Certification allows you to use Regional 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. 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 for a new certification. If the property is
sold, the new owner must be given a copy of the 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 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in
the attached certification.
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 Dorney at 919-733-9646.
Sincerely,
r teve s
Attachment
cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
010326
North Carolina 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)
!11„'17 .10C 1-1-...-\ n- "0 C-0 Il....\ L.N... !/I. il.. ..... -- __ -1........-X1.....1../
4103 ?011i
DWQ ID: _ CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #)
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD A
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7)
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY, m :E Z
< M
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC o ?
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: Robert A. & Lucy S. Kearns
2. MAILING ADDRESS: 5850 Deerfield Lane
SUBDIVISION NAME Deerfield
CITY: Hickory STATE: NC ZIP CODE: 28602
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):
Lot # 218 in Phase II Section I of River Bend subdivision; Winwood Court East Granite Falls NC 28630
3. TELEPHONE NUMBER: (HOME) 828-294-1940 (WORK) 828-325-007
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
NA
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Caldwell - NEAREST TOWN: Granite Falls
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) Lot # 218 in Phase II,
Section I of River Bend subdivision; Winwood Court East, Granite Falls, NC 28630. See attached maps
and plats._
6. IMPACTED OR NEAREST STREAM/RIVER: Lake Hickory RIVER BASIN: Catawba
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW), OUTSTAND G RESOURCE WATERS (ORW), WATER
SUPPLY (WS-1 OR WS-II)? YES 0 NO XXXX KIIF YES, EXPLAIN: _
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COAST
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES 0 NO XXX
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? NA
8. (a) HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? YES Q NO XXX IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): _
(b) ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES F NO XXXF IF YES, DESCRIBE ANTICIPATED WORK: _
(a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND:.484 (less than %2 acre)-
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
NONE
10. (a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: NONE EXCAVATION: NONE
FLOODING: NONE OTHER : Shoreline stabilization with Rip-rap_
DRAINAGE : NONE TOTAL ACRES TO BE IMPACTED:.484 Lot size
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: NA FT AFTER: NA FT
WIDTH BEFORE (based on normal high water contours): NA FT
AVERAGE DEPTH BEFORE: NA FT AFTER: NA FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: _ PLACEMENT OF PIPE IN CHANNEL: _
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM/FLOODING:
OTHER: Shoreline stabilization with Rip-rap
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? NA WHAT IS THE EXPECTED POND SURFACE AREA? NA
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED? (ATTACH PLANS; 81/2 BY I 1 DRAWINGS ONLY)
Shoreline stabilization with Rip-rap
13. PURPOSE OF PROPOSED WORK: Shoreline stabilization at site of proposed single-family
residence.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS)
NA-Not in wetlands. Lake Hickory shoreline stabilization only.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: NA
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED NA.
17. DOES THE PROJECT INVOLVE AN EXPEN ITURE OF PUBLIC FUNDS OT THE USE OF
PUBLIC (STATE) LAND? YES 0 NO XXXX (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YES ? NO R
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE YES 0 NO ?
IF ANSWER 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? Single-family homes
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Granite Falls sewer
system.
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CON S!TENNTT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM, /u?f?l 4'
est„?.v
OWNER'S/AGENT'S SIGNATURE DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in
blank. PLEASE SUBMIT APPLICATION AND APPROPRIATE DUKE POWER F LWG FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
1. Applicant Information
A. Name Robert A Ke,3rnG
B. Mailing Address 5850 Deerfield Lane, Hirknrv. NC 2R602
C. Telephone: [phone]
II. Location of Proposed Project
A. Lake Hickory
B. Street Address Winwood Court East, Lot / 218, Phase II, Section I,
C. County Caldwell River Bend Subdivision
D. City, town, community or landmark G r an i t P Falls
E. Section I Lot # 218 Subdivision River R e n d P h a s e II, Section
F. Directions to property byroad T T c '19.1 t n New 1 1 a rm R A a d,
New Farm Road to River Bead drive to Winwee Circle
to Winwnnd Curt Fast - Also see attaebed
G. Latitude and longitude for the project site T n t 15 _ 7914A6 Lon.- -81.387172
Please submit a map showing the coordinates or a detailed map (USGS quad map, city
map, etc.) showing the exact location of the project site. (NOTE: Latitude/ longitude
coordinates can be found on internet site, www.mapblast.com)
III. Description of Project
A. Length of wall 185 feet
B. Material Rip-rah -
C. Distance from property line/shoreline N/A
IV. Intended Use of Project Area
A. Private Sin?1 e fami 1 v residence
B. Commercial _
V. Applicant Signature ?• Date
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF
THE PROPERTY MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151
PA7TONAVF_ - ROOM 208, ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE
IN NORTH CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF
WATER QUALITY PRE-CONSTRUCTION NOTIFICATION APPLICATION" MUST BE
SUBMITTED WITH THE DIVISION OF WATER QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION. JOHNDORNEY
1621 MAIL SERVICE CENTER
RALEIGH, NC 27699-1621
919-733-1786
1 1 / 10/00ssb
Form 398578 (R9-85) SHORELINE MANAGEMENT PROGRAM Pmvlcu Form 06W
PERMIT APPLICATION FORM
NQo. SC 2 I.D. No. Permit No.
Grid Sect.
Lake Hi c k o ry Utility Co. Ownership: D 2 Lease
APPLICANT
Name: Robert A. Kearns
FM tirade Lest
Address: 5850 Deerfield. Lane
street a eoo<
Hickory ?I-Tr
coy stms
Telephone: 482 8
Signature:
Circle the appropriate number below
Ramp &
Marine Shoreline
Pier Railway Boathouse Stabilization Other
USE:
1. Individual
1
1
1
2. Common 2 2 2 2
STATUS:
1. Existing 1 1 1 1
2. Proposed 2 2 2
MATERIALS:
1. Concrete 4. Treated wood 1 4 1 1 4 1 4
2. Masonry 5. Untreated wood 2 5 3 2 5 2
3. Metal 6. Other 3 6 6 3 6 3
FLOTATION:
1. Plastic cylinders 1 1
2. Styrofoam 2 2
3. Other 3 3
TYPE OF FACILITY:
1. Permanent 1 1 1
2. Floating 2 2
3. Combination 3 3
--I I-- -?I !-- --I I--
Fig. 1 Fig. 2 Fig. 3
Pier Dimensions: See Figure Above
Condition of Pier: ? Good ? Fair ? Poor
Permitted: ? Yes ? No Date:
?-- --i I-- ?I
T
T
L
-•I I-- --i I--
Fig. 4 Fig. 5 Fig. 6 (other)
Pier surface area sq. ft.
Float surface area sq. ft.
By:
Additional information:
COMMON USE PERMIT
If this application is for the common use of a facility, those parties using the facility appoint the individual listed in the
applicant section of this form as the agent applying for the permit. AN parties using the facility must sign below.
Name Date Address
DUKE POWER DIRECTIONS BY ROAD FORM
Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can have a big
impact on permit processing time. Please complete this form and return it along with your completed
permit application to:
DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193
Applicant's Name: Robert A. Kearns Type of Permit Requested
"Circle":
Street Address (at lake): Winwood Court East
Private Facility
Lake Name: Hickory Commercial Facility
Excavation
Subdivision Name: River Bend -Stabilization
Phase II Conveyance
Property Section: Section T Lot # 2.18 Miscellaneous Uses
City: Granite Falls County: Caldwell
State: NC Zip: 2 8 6 3 0
Telephone: [phone]
Directions (from major road or highway):
US 321 to New Farm Road. New Farm Road to River Bend Drive.
River Bend Drive to Winwood Circle. Winwood Circle to
Winwood Court East. Lot # 218.
Also see attached.
Descriptive Structure on Property (i.e. brick garage, white fence, mobil home, etc):
None - site prep. for single family residence in process.
"Note: Please use the back of this form if desired to draw us a map to the site.

GPAULAKGMGMT/LMI'I'M/DIRGCTIONS.DOC Effective Date: 11/15/98
R I V E R
B E N D

D I R E C T I O N S
From Charlotte take 1-85 South.
North on 321 to RIVER BEND entrance.
Page 1 of 1
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NORTH ORIENTATION BASED ON
PLAT BOOK 18 PAGE 246, RECORDED
IN THE CALDWELL COUNTY REGISTRY
A RESUBDIVISION OF LOTS 218 AND 219 OF
PLAT BOOK18 PAGE 246 TITLED-" RIVER BEND PHASE 2 "
A PORTION OF THE GUNPOWDER LLC PROPERTY
DESCRIBED IN DEED BOOK 1165 PAGE 1454
LOCATED IN LOVELADY TOWNSHIP, CALDWELL CO., N. C.
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P. B.18 PG. 246 7 ° Z;
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D.8.1165 PG.1454
LINE CHORD BEARING CHORD RADIUS
Cl S24'55'25'E 30.42' 11 50.00'
C2 S02'08'34-N 16.24' 50.00'
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LOT - 220
P. B.18 PG. 246
80WOWDER LLC
D.8.1165 PG.1454
H CARP
?EESS7p?9 '.
4
to SEAL
4 ; L-3778
1 tip E:'?C? .
I. STEPHEN M. PENDERGRASS CERTIFY THAT THIS MAP
WAS DRAWN BY MYSELF FROM AN ACTUAL SURVEY MADE
BY MYSELF. THAT THE ERROR OF CLOSURE EXCEEDS 1: 10, 000;
WITNESS MY ORIGINALS TUBE. REGISTRATION NL&BER,
AND SEAL THIS THE DAY OF APRIL 2000.
r ` L-3778
RVEYOR REGISTRATION At MBER
LOT - 218 im x--
0.484 320'22'24-E
ACRES 25.00
E7P
/ 3115 71'
N46'10'45'E /
160.92' /
/ S12.12'24-E
/ 33.02'
Erv /
55 / lPs
r
LAKE HI(
? 505.37' O1'E
46.24'
903 V 1' 43-E
67.04'
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