20040431 Ver 1_Complete File_20040322

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

_ Mr. James R. Dayton
27 Sullivan Poin\ Lane
Taylorsville, NC 28681

Subject Property: 27 Sullivan Point Lane

April 5, 2004
DWQ# 04-0431
Alexander County
WETLANDS 1401 GROUP

APR 1 4 2004

WATER a~ALITY SECTION

APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
--.-.....

Dear Mr. Dayton:

You have our approval, in accordance with the attached conditions and those listed below, to place fill in
or to otherwise impact approximately 0.006 acre of waters and 0.02 acre of protected riparian buffers for the
purpose of pJacing riprap along approximately 126 linear feet of shoreline on lake Hickory, as described in your
application received on March 22, 2004. After reviewing your application, we have determined that this project is
covered by Water Quality General Certification Number 3373, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use the U.S. Army Corps of
Engineers (USACOE) Regional Permit No. 198200030 when issued. This letter also serves as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 28 .0243. Please note that
you should get any oth.er fed~ral, state or local permits before proceeding with your project, including those
required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Wat'er Supply Watershed
regulations.

This Certification will expire when the associated 404 permit issued by the USACOE 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 in writing, 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, as well as
the additional conditions listed below:

1. No trees are to be removed from the buffer, and impacts to the ground cover shall be kept to a minimum
during the installation of the seawall. The wall is to be constructed at the foot of the riprap that is currently in
place.

2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers
so as not to re-concentrate before discharging into the stream (as identified in 15A NCAC 28.0243 (5)).

3. Upon completion of the project, the applicant/tesponsible party shall complete and return the enclosed
"Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.

N~hCarolina
/V1l/llrn/l!!
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)
(Q1Q) 7H-17llfi (nhone), Q1Q-711-6R91 {filXt (hltn: h2n "nr,.taknc,l1' ncwdlancl.)

~;A
NCDENR

Page 2

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 (that
conforms to Chapter 1508 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. '

This letter cpmpletes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699 or
Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.

Sincerely,

j). flA+ ~//~

--

Alan W. Klimek, P.E.

AJ/aj

Attachments

cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power lake Management
Wetlands Unit- Cyndi Karoly
Central Files
File Copy

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

April 5, 2004
DWQ# 04-0431
Alexander County

Mr. James R. Dayton
27 Sullivan Point Lane
Taylorsville, NC 28681

Subject Property: 27 Sullivan Point Lane

APPROVAL of 401 Water Quality Certification and Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions

Dear Mr. Dayton:

You have our approval, in accordance with the attached conditions and those listed below,
to place fill in or to otherwise impact approximately 0.006 acre of waters and 0.02 acre of
protected riparian buffers for the purpose of placing riprap along approximately 126 linear feet of
shoreline on Lake Hickory, as described in your application received on March 22, 2004. After
reviewing your application, we have determined that this project is covered by Water Quality
General Certification Number 3373, which can be viewed on our web site at
http://h20.enr.state.nc.us/ncwetlands. The General Certification allows you to use the U.S. Army
Corps of Engineers (USACOE) Regional Permit No. 198200030 when issued. This letter also
serves as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 2B .0243. Please note that you should get any other federal, state or local permits
before proceeding with your project, including those required by (but not limited to) Sediment and
Erosion Control, Non-Discharge, and Water Supply Watershed regulations.

This Certification will expire when the associated 404 permit issued by the USACOE
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 in writing, 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, as well as the additional conditions listed below:

1. No trees are to be removed from the buffer, and impacts to the ground cover shall be kept to a
minimum during the installation of the seawall. The wall is to be constructed at the foot of the
riprap that is currently in place.

2. All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected
stream buffers so as not to re-concentrate before discharging into the stream (as identified in
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)
[phone] (phone), 919-733-6893 (fax), (http://h20,enr,state,nc,us/ncwetlands)
Customer Service #: 1-877-623-6748

3. Upon completion of the project, the applicant/responsible party shall complete and return the
enclosed "Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.

N~ImCarolina
/VIlIl/rolll!
I-'age L

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 (that conforms to Chapter 1508 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.

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 Alan Johnson in the Mooresville
Regional Office at 704-663-1699 or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.

Sincerely,

Alan W. Klimek, P.E.

AJ/aj

Attachments

cc: Corps of Engineers Asheville Regulatory Field Office
Duke Power lake Management
Wetlands Unit- Cyndi Karoly
Central Files
File Copy

K

Triage Check List

Date: ,~~ ,;v", oi

Project Name: :sarn~ +..r"'rcfM_ ~'1
DWQ#: 1:)<./- oc.f s-I

County: ~yaJtder

To:

Mike Parker

Ken A veritte

Alan Johnson

Steve Mitchell '

D'WaRO
D WiRO
o WSRO

Tom Steffens
Noelle Lutheran
Daryl Lamb

o ARO
o FRO
fij. MRO
o RRO,

From: JWt.<> 8-.

Telephope: (919) ")3""/7~'

The rIle attached is being forwarded to',:your for 'yoUr evaluation.
, ,'Please call if you need~~tance. '
, .
, \

o Stream length impacted '
0, Stream dete:rmination
o W~tland determination and'distance to blue-line sUr.face waters on USFW topo maps
o Minimization/avoidance issues
, " 0 Buffer Rules (Neuse; Tar-Pamlico, Catawba, Randleman)
D P~nd fill ' '
o Mitigatio~ Ratios
o Ditc~g' ,
0:' Are the stream and or wetland mitigation sites available and viable?
o ' Cheek drawings for accuracy , , '
o Is the application consistent with pre-application meetings?
,0 q.tmulative impact concem .

1... ~o k~ -It> L -' ~ i L.-~ 0 ~ f ' . , 1
'Comments: " pri.' O~a., \. ""pd-;4~" ~..

rILE COPY040431" '7....,

M4R ',OUP
, ,2!)~
The following is an abbreviated application form for those applying for a 41)1"'~v,.er
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the U.S. Army Corps of Engineer~;'l~q;mit
GP30. This ApplicaQ.?Q cllI\not be used for wetland or stream impacts."'Pt~
provide seven (7) copieS' of this application and supporting information as well as a
non-refundable ~pplication ree 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

I. Applicant Infor.m!ltion

1, Owner/Applicant lnfonnation .

:~~~g Address. 'I~,~,;,~ ~~~n~~Inylon
1l1.~I()rsvilleJ NC, ;)$fo~'

Telephone Number:~;Acn ~ Lf~5~ ,;).Ol.f:-- Fax Number:
E-mail Address:

2. Agent lnfonnation (A signed and dated copy of the Agent AuthorizatiOJl letter
,must be attached if the Agent has signatory authority for the owner/applicant.)
. Name: PERMITS, ETC.
Company Affiliation: S'IF HARMON
Mailing Address: P,O. BOX 234
BOILING SPRINGS. NC 28017

;;

--

Telep~one Number:~ ~ 0'1 OlD Fax Number:10l.J--, 43Li ~ 1/ DO
E-mail Address:-{lPrmike.tc..@ NlrDl inCl. rr. CDm
'>

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. Yau may use the diagram below to make a hand sketch of

..

I
James A. ~ Susan ~ \ nCU[fon

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:--.A\e.mnder Nearest Town: 1~ tors"; Il~
Subdivision name or site address (include phase/lot number): ~'1 Sulliva.n 11.Jint Ln,. TtlIj Inrsv,'Ile-
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): F'r

. ' R.d' ..

1),

2, Describe the existing land use or condition of the site at the time of this

ap::~n/~:~~~~t~p~tr:~t1Lb1tU5e, 01\ if ~ an

3, Property size (acres): 0 I '7 3 QL.re..s
4, Nearest body of water (streamlriverlsoundJocean/lake): U:U<~ H-"cJ-<Or~
5, Describe the pUI{>ose of the proposed work: I'
~~-t:~~;;1 ~j1fb~~~~~:rkt

6, List the type of equipment to be used to construct the project: -rra.-cJ.< h() e.- and_h(Jn d
-tbols '

_41 .....1

7, Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc,) below the normal pool lake level in square feet or acres: ' a 'X/~&" : ~5a 3j;.ff.

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-war.d in'
Lf I , <7 I ~/ c::"o ' -:::
square feet or acres: " ~ I ~ t {) ,,-...)1
" _o~ -f" /.fOOl:: CJoLf S<fJUA.re ~

b, Please describe vegetation above the nonnal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance):~+re.e..s wi U be.- rem Dved..
llie:....,}isfurbe.d area.. Wi I Lbe., le-Pf- tn fl nafuraJ sWv.
-

cl ~ ~ I Perm; l-s; elL .mo~,! ~ J Jootf
Applican~Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

.:

Ja.rneE ~. ~ Susan A. Dlytvn
~ 1 Sulliv'CLn Point Lane;
'-a:J'or~vi lie, f\l~ 19l,81

Lake (Full Pond)

Full Pond
ShO)lIne

.~ ' P Ra n _ "-Fed.- j Il \J\J kJ Hl pi acat in trDf/r of
I 'i~"", \Nocclen \No...II
It -u ~ Lay,e unrd
~ :J-' X (;){p' '~OJ I
f-- L(X tU' tleared.- ,
Abo'! e- Pond

JMneS AI Datrfun

Please aPproximately sketch the following inf~rmation 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 fin to be placed above the "Normal Pool" elevatiOn
3) Location of rip rap or fill to be placed below the "Normal poor elevation
4) The location of any proposed structures such as buildings, retainjog
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal 'Pool"
elevation.
6) Location of construction access corridors.

-"The. lenqth of the. shoreline. of this 'ot- is approXir~ I;).&~,
~ ihe.waxlen wall will be; ,Uk-/- /" Jerg+h) aJ)d .
o..ppro~.lry\ctkA~ 4- ~ In het'9~t.

~'~. -'Qs--
I .....
Jam~ A. ~ Susan 'R, Txuftvn / Se,;E>~
. ~ ~ 1 SLLlI l'van 'P0 inf Lane;
9~)( -91~lO,(5Vll\eJ NG
C'''?
~
scale: '1~ II :: ApproK, 5D leei'

Shond JOe- lensfh" A-ppro ~.I ~ tee-t

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PROPERTY OF
RERl..TY DE.VELOPM€Nr GROUP
OFt: 8CJWMRA/ OR.
W/~Nl!!JUR<5 rwsP. -,ql.e-XRNOCR COUNTY

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J"axne.s 'R. ~ 5u.so.n ~. lXlYThn

To: North Carolina Division of Water Quality

I give Sue Harmo~ of Permits, Etc" permission to sign as my agent on my
application for shoreline stabilization.

Signahrre (t~~\SZ ~ ~'"
~.~~cQ~
./

Date 0- /3 -0+

'.

:A 1 SUll Ivan Po,.nt LJ.
IQLfIDrs'/; !Ie) NG

James R. Dayton