20041119 Ver 1_COMPLETE FILE_20040709

OWA ?9 Tp G Michael F. Easley, Governor
William G. Ross Jr., Secretary
v) r North Carolina Department of Environment and Natural Resources
5: =i Alan W. Klimek, P. E. Director
O Coleen H. Sullins, Deputy Director
Division of Water Quality
July 16,2004
DWQ Project # 04-1119
Catawba County
Page 1 of 3
A Grade Above Construction Company, Inc.
8817 Hearthstone Court
Terrell, NC 28682
Subject Property: North View Harbor Subdivision, Lot# 46 on Lake Norman
Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River
Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.011 acres of waters and 1620 square feet (ft) of protected
riparian buffers for the purpose of installing rip rap to stabilize approximately 162 feet of shoreline, as
described within your application dated June 18, 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 (USAGE). This letter
shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per
15A NCAC 213 .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 162 (feet)
Waters 0.011 (acres)
Buffers 1620 (square ft.)
'AM
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), (httD:Hh2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
A Grade Above Construction Company, Inc.
Page 3 of 3
July 16, 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.
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,
AWK/bs
Enclosures: Certificate of Completion
GC 3373
W. Klimek, P.E.
I
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files
Filename: 04-1119 A Grade Above (Catawba) 401
w
DUKE POWER LAKE MANAGEMENT, EC12-911
P O BOX 1006
CHARLOTTE, NC 28201-1006,E .
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 FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS. 041119
L Applicant Information
A. Name A &a ..APe AQ -?
lE ?c?- N C aped
B. Mailing Address Xl 7 ??s?eTrrs %?N e7
C. Telephone: `704 ?i 16229
H. Location of Proposed Project
A. Lake Noizfn QA
B. Street Address 7 R NkaeTuvi e o 1 Az?2? e
C. County ?ATAwBA
D. City, town, community or landmark Nv? s 1?7.a o
E. Section Lot # 4 Lo Subdivision NJZTH Vi E.W taaafsa,,_
F. Directions to property by road Nw•' IA A-e SaEcavos F.zp go M) -17tC.A P-PIT
(1-) A. 0_T.41)J" 9A1ZaQ27b2 PP02. I +^?.\c >'\ k4j?-
G. Latitude and longitude for the project site 3T -/ 71V 90
H. 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.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/Long", click map)
III. Description of Project
A. Length of wall * 1519
B. Material "R P RAP
C. Distance from property line/shoreline s,.....•d,
IV. Intended Use of Project Area
A. Private r
B. Commercial
V. Applicant Signature
WETLANDS/ 401 GRDIJI'
JUL- 0 9 2004
WATER QUALITySECTION
Date G11r1,?-'F
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: JOHN DORNEY
PARK VIEW BLDG., 2321 CRAB TREE BL V0.
RALEIGH, NC 27604
919-733-1786
12/07/0 1 ssb
Attachment I
Shoreline Stabilization Technique Selection Process
Shoreline Stabilization Project area
Application k__? classification
Was das shallow ?fhe bank he
based on shallow > =1 foot?
water criteria?
Applicant can use
hardening structures.
' Applicant can only
use bioengineering or
rip rap. Seawalls not
allowed.
Is the bank
height > = 5ft?
Applicant can use
hardening structures.
Mitigation requirements
determined by state
wildlife agency.
Stabilization not
allowed
No stabilization allowed In
IMZ' from March - June to
limit impacts to fish spawning.
res state wildlife agency
NCWRC, SCONR)
v and approval.
Applicant must use
bioengineering stabilization.
Mitigation requirements
determined by state wildlife
gencv. Seawalls not allowed.
General conditions:
-AII seawalls must have rip-rap at base.
-Considering current lake level operating targets and variability and the desire to prevent unnecessary impacts, rip
rap must be confined to the area between 6' below full pond elevation and full pond elevation to the maximum
practicable extent. Potential exceptions include areas where entire placement is above the.FERC project
boundary, where banks are already eroded above the full pond elevation or where severely eroded banks must be
sloped bade or terraced to provide minimum bank stability.
-The bank height is the average height of the eroded shoreline( measured from the original lake bed to the top of the
eroded bank) in the area to be stabilized.
-Bioengineering techniques within an IMZ require applicant to provide photo evidence of successful vegetation
establishment at 1 year point. Bioengineering is a stabilization approach that utilizes natural and living material.
Bioengineering techniques include use of rip rap with live stakes, rode filled gabions, live staked crib walls, biologs,
and numerous other activities.
-Applicant can use bioengineering, rip rap, seawalls or any combination of stabilization techniques where use of
hardening structures are allowed.
-Stabilization in an IMZ requires reasonable mitigation requirements as determined through consultation with state
wildlife agencies.
-Stabilization in areas classified as Natural due to the presence of significant cultural resources, should not have
artifacts impacted by utilizing any shoreline stabilization technique.
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(AITA<'11A11:NT 81
BIO-ENGINEERING AND SIIORELINE STABIIZATION MITIGATION
TECHNIQUES
FOR LAKES MANAGED BY DUKE POWER, LAKE MANAGEMENT
1. Bio-engineering
A. Definition
Bio-engineering is an effective scientific method, using a combination of natural and living
materials, to stabilize eroded banks along the shoreline. Bio-engineering techniques vary
according to a number of factors, including but not limited to; slope, soil type and wave action.
Often a combination of techniques may be utilized to most effectively control erosion in areas
with varying conditions.
B. Benefits
In addition to controlling erosion, and the aesthetic value of a more natural shoreline, the use of
native plants create additional habitat for wildlife. A permit and written authorization for any
shoreline stabilization project is required from Duke Power, Lake Management. By utilizing bio-
engineering as the primary stabilization technique, the permit application fee for shoreline
stabilization is waived.
C. Native Plant Species
COMMON NAME SPECIES

SOFT RUSH JUNCUS EFFUSUS
ARROW ALUM PETANDRA VIRGINICA
SHALLOW SEDGE CAREX LURIDA
SILKY DOGWOOD CORNUS AMOMUM
TUSSOCK SEDGE CAREX STRICTA
BUTTONBUSH CEPHALANTHUS OCCIDENTALIS
GRAY DOGWOOD CORNUS RACEMOSA
YELLOW IRIS IRIS PSEUDACORUS
VIRGINIA BLUEFLAG IRIS VIRGINICA
SOFT RUSH JUNCUS EFFUSUS
PICKERELWEED PONTEDERIA CORDATA
BLACK WILLOW SALIX NIGRA
SOFT STEM BULRUSH SCIRPUS VALIDUS
GREEN BULRUSH SCIRPUS ATROVIRENS
EELGRASS VALLISNERIA AMERICANA
WOOLGRASS SCIRPUS CYPERINUS

Note: Other plant species that are not listed may also be acceptable. Plant species that are not
native to Duke Power lakes should not be considered and will not likely be approved.
GpWI,1,4I91/SN(1' ('U'11-INAI SA(1'm a1,1 1 l.1 NGALuNI-06I SC d-
Rev. 5/27/99
(,A'ITAC(MCNT 8)
D. Techniques
Bio-engineering techniques normally include minor grading to allow for the installation of a rip
rap toe, rock gabion, Bio-log(@, crib wall or similar structure in high energy areas. The structures
are then enhanced by the addition of natural/living material. For example:
1. live stakes - branches cut from living material and planted with stems and buds pointed
upward. Initially they offer little to no soil reinforcement but do so after the first growing season
once a root system becomes established. Often used with other techniques and conducted during
the donnant season.
2. live fascine - branches bundled and secured together and placed in a very shallow trench
along the toe of the eroded bank or in the bank face. They are usually installed in conjunction
with geotextile fabrics above a rip rap or gabion toe.
3. brush mattress - includes both live stakes and live fascines. Provides protection of the
shoreline upon installation and can be used in layers beginning just above a rip rap or gabion toe.
4. plant plugs - plantings with intact root stock. Placed directly into the batik face with the
soil compacted around the root stock.
F. Follow up activities
Riparian Zone Management Information: Duke Power will design and publish an informational
piece that will provide property owners with a range of information about bio-engineering
techniques, material sources, information sources and the value of riparian zones. This will be the
final project in the Riparian Zone Management Initiative and will serve as a compilation of the
on-going efforts through the year 2000.
It. Mitigation
)). A. General guidance
Mitigation proposals should provide realistic but substantial allowances for reducing and
relieving the impact of the proposed shoreline stabilization technique proposed. In general,
mitigation activities should enhance the wildlife liabitat in the immediate area of the stabilization
activity and may consist of, but are not limited to; enhancing fish cover under an approved pier or
similar structure, maintaining a natural vegetative buffer along the entire shoreline of the lot,
placing or maintaining secured cover and perching habitat (e.g. root wads, stumps, fallen trees,
etc.) along portions of the shoreline.
(;JW/wh4191/SNJ I,CAP/17INALSF1PmapFILINGA3i.fii,SS 1SC A« 2
Rcv. 5/27/99

(All A(:II.%IC?CT 91
B. Review Tinteframe
Applicants for proposed shoreline stabilization activities identified in the Shoreline Stabization
Technique
Selection Criteria (Attachment 1) that require wildlife agency review and/or mitigation must send
their applications to the district game and fisheries biologist of the applicable NC/SC agency for a
minimum 30-day review and comment period. In the absence of any findings of significant
adverse impacts on fish and wildlife resources during this 30-day review period, the applicant
will be allowed to proceed without further notice to send their completed application to Duke
Power-Lake Management for approval. If there are findings of significant impact and those
impacts are not adequately mitigated, then the applicant will not be allowed to proceed with the
proposed stabilization activity. Applicants should make every effort to comply directly with
resource agency recommendations.
C. Agency Review
Lake (NC) JAMES, RHODH[SS, (SC) WYLIE (SC) (SC) FISHING CRK., GREAT
LOOKOUT SHOALS, NORMAN, FALLS/ROCKY CRK.,
MTN. ISLAND, WYLIE (NC) WATEREE, KEOWEE,
JOCASSEE, GASTON SHOALS,
99-ISLANDS
Agency, MR. CI{RIS GOUDREAU MR. DICK CHRISTIE MR. RON AHLE
NC WILDLIFE RESOURCES SC DEPARTMENT OF SC DEPARTMENT OF
CORtitCt COMMISSION NATURAL RESOURCES NATURAL RESOURCES
RT. 6, BOX 685 PO BOX 4496 PO BOX 167
MARION, NC 28752-9229 ROCK HILL, SC 29732 COLUMBIA, SC 29202
*Applicants should fill out the Duke Power Shoreline Stabilization Application form completely,
attach any applicable mitigation proposals and send along with a cover letter to the agency
contact.
**Agency correspondence must also be attached before sending the final application proposal to
Duke Power for approval.
Gj,Wj,1,4191/SA11' CH'/1 INAI. SA1Pnupf II.ING/11a>f..6STSC d-
Rev. 5/27/99
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 o 200.Oor
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 enter
Raleigh, NC 27699-1650
1. Applicant Information
Owner/Applicant Information nn
Name: A &A(Z)g Ae.we- 'L^ -
Mailing Address: ENO 11ea¢_
P?8
Lc KJC-
Telephone Nuntber:_ 1?'ax Nuniber:'?Z
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached ifthe Agent has signatoryauthority for the owner/applicant.)
Name:
Company Affiliation:----_----- _ -_ _-- --------- ---
Mailing Address:----- -------- - - -- -- ----
Telephone Number:
E-mail Address:
11. Project Information
Attach a vicinity map clearly showing the location of the. property NN, ith 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 o1
l'ax Number:
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. &rA".) r3A Nearest Town: 'iAEepou -5 Qeo
Subdivision name or site address (include phase/lot number): 4 to kl-?eruvi6w AAe.6,rz.
Directions to site please include road numbers, landmarks, etc. (This is not _
necessary if an adequate vicinity map is included): l? t5 ? .? SuEae?LcS F",RD PO
?- arf- C 0QJ RTNVIfw l?we( R Z APV¢?? 1 rr„ue g,n LJ
.l_S? A?.,A ?
2. Describe the existing land use or condition of the site at the time of this
ldopn? 01115 -euc ,,-'V"
application: Ce?oeo ?cEE L Ne-o w1 0&``'
3. Property size (acres):
4. Nearest body of water (strcam/river/sound/ocean/lake): I-As-c U,2-ftN
5. Describe the purpose of the proposed work: O-L-e A2 C-aJoeo 3A'J1 Aao R %P RAP
6. List the type of equipment to be used to constnict the pr??ject:_?eA _ --.--
7. Amount of impact (including all excavation, backlill, rip rap, retain -7' Z/?9 z
etc.) below the normal pool lake level in square feet or acres: o (0- of l a?
8. a. Amount of impact (including all clearing, back fill, excavation ?) 14aZ 9? z
retaining walls, etc.) above the normal pool lake level and 50 feet fan t`C'e
square feet or acres:__-3___?c_ = lsl? lonr?
-- --_ 16 2. C t? -
- -- C (-e-c4-'e.
b. Please describe vegetation above the normal pool lake level and 50
ward to be impacted (nunrberoftrees fir instance):
Applicant/Agen'.sSignature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
3xltoa
,e,? tv?? p?r?t

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 Full Pond elevation
3) Location of rip rap or fill to be placed below the Full Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
Ii?
?N?re