20041186 Ver 1_COMPLETE FILE_20040607

W WEST 405 South Sterling Street, Morganton NC 28655
828 433 5661 fax [phone] westconsobellsouth.net
CONSULTANTS PCLC
December 81", 2004
North Carolina Department of Environment and Natural Resources 99@120WRI
Division of Water Quality c/o Mr. Bob Zarzecki DEC 1 3 2004
Parkview Bldg. DENR -
2321 Crabtree Blvd. ?ruNOSANDSA TE BRWH
Raleigh, NC 27604
Re: Permit for Construction of a Commercial/Residential Dock on Lake James
Dear Mr. Zarzecki,
Our firm previously sent you a request for comments concerning construction of an 8-slip dock
on Lake James per FERC requirements of the application process. We received your comments
and understand that you have no objections to the proposed construction provided that we adhere
to General Water Quality Certification No. 3373, the Catawba Buffer Rule (15A NCAC 02B
.0243). The developer shall construct all trails and docks to meet these standards set forth. If a
change does occur that requires the developer to stray from non-disturbing activities, the
Asheville Regional Office or you will be contacted prior to any further action. We are going to
proceed with the application process and include in our application the response that was
provided by your agency.
If you have any questions or concerns that I may further assist you with, you may contact me
anytime at [phone].
Thank you for your cooperation and prompt response concerning this matter.
Sincerely,
;21...x. C. _ke-?
Mark A. Stephens, EIT
West Consultants, PLLC
p?0? W A L`Z9
C/) 7
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 23, 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1186
McDowell County
West Consultants, PLLC
Attn: Mark A. Stephens, EIT
405 South Sterling Street
Morganton, NC 28655
Subject Property: Black Bear Development, Inc. (Bear Cliff), Lake James, NC
Lake James [03-08-30, 11(23), WS-V (water supply) B]
Dear Mr. Stephens:
On June 7, 2004, the N.C. Division of Water Quality (DWQ) received your letter requesting comments on
the proposed construction of a commercial/residential boat dock. The DWQ has determined that the
proposed dock can be constructed using General Water Quality Certification No. 3373 (GC3373) without
obtaining written authorization from the DWQ as long as you'can comply with all of the conditions of
GC3373 (see attached). In addition, please note that the proposed development must comply with the
Catawba Buffer Rule (15A NCAC 02B .0243). This rule requires up to a 50 foot forested buffer to be
maintained along the full pond elevation of Lake James (see attached fact sheet). More information on the
Catawba Buffer Rule can be obtained from http•//h2o.enr.state.nc.us/nps/catawba.htm. The proposed nature
paths to be located within the protected buffer will not require written authorization from the DWQ as long
as they are restricted to the minimum width practicable and do not exceed 4 feet in width of buffer
disturbance, and provided installation and use does not result in the removal of trees as defined in the rule
and no impervious surface (e.g., asphalt, concrete, gravel, etc.) is added to the buffer. Please read and
become familiar with the Catawba Buffer Rule. Please contact our Asheville Regional Office (828-296-
4500) or me if you are proposing any activities that are designated as "allowable", "allowable with
mitigation" or "prohibited" under the rule or if you have any additional questions concerning the Catawba
Buffer Rule or other DWQ regulations.
Sincerely,
I
Bob Zarzecki,
Environmental Specialist, DWQ
Enclosures: GC3373
Catawba Buffer Fact Sheet
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 041186
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: htto://h2o.enr.state.nc.us/nmetlands
None hCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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WEST 405 South Sterling Street, Morganton NC 28655
828 433 5661 Fax [phone] westconsct>bellsouth.net
CONSULTANTS PLLC
WETLANDS/ 401 GROUP
June 1, 2004
JUN 0 7 2004
North Carolina Department of Environment and Natural Resources
Division of Water Quality WATER QUALITY SECTION
c/o Mr. John Dorney
Parkview Bldg.
2321 Crabtree Blvd.
Raleigh, NC 27604
Re: Permit for Construction of a Commercial/Residential Dock on Lake James
Dear Mr. Dorney,
Our firm is preparing to submit an application to Duke Power Company on behalf of Black Bear
Development, Inc. to construct a commercial/residential boat dock on Lake James in McDowell
County, North Carolina. The proposed floating boat dock will consist of eight boat slips with ten
foot by twenty foot dimensions and four foot walkways between each slip. There will be no
shoreline stabilization or dredging at the dock location and minimal disturbance to adjacent lands
will occur due to a 140' buffer requirement at the location. Nature paths will provide access to
the docks from a future parking area further inland. A master plan, vicinity map, and schematic
drawing of the proposed boat dock have been provided to further assist you in orienting to the
aforementioned project.
Please advise us, by return mail, of any comments you may have concerning this project and/or
any permits your organization may require as it is a requirement of the permit application for
Duke Power Company. Please respond even if no comments or permits are necessary to ensure
Duke Power Company that we have contacted all the appropriate agencies.
If any additional information may be needed to further assist you with your comments, you may
contact me anytime at [phone].
Thank you for your cooperation and prompt response concerning this matter. ?- a
-ka
Sincerely, xl
X c . /
qv N
Mark A. Stephens, EIT
West Consultants, PLLC
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PROPOSED FACILITY LOCATION
MASTER PLAN
300 0 300 600 900
GRAPHIC SCALE - FEET

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zabeth Herman Glbt?k
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COMMERCIAL/RESIDENTIAL
DOCKS: MAXIMUM - 8 SLIPS
PROPOSED-
LEASE AREA

Lake Janes
Duke Energy Corporation
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DB 54 PGS 396, 392
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STANDARD 8 SLIP
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BearCliff Directions
Directions
From Points West
Take I-40 East through Black Mountain, NC
Take exit # 72 and merge onto Hwy. 70 East
Continue on Hwy. 70 approximately 11 miles
Turn Left at WalMart onto Hwy. 221 North
Go .5 mile and turn right at 1St light
Take immediate left onto Hankins Road
Go 3.4 miles to end and turn left on Lake James Rd.
Go 2.5 miles and Black Bear Access will be on right
Continue .4 mile and Bear Cliff entrance is on right
From Points East
Take I-40 West through Morganton, NC
Take exit # 86 (Hwy. 226)
Turn right at bottom of ramp onto 226 North
Continue through 2 lights onto 221/226 Bypass
Go several miles to light at WalMart and continue straight
Go .5 mile and turn right at 1St light
Take immediate left onto Hankins Road
Go 3.4 miles to end and turn left on Lake James Rd.
Go 2.5 miles and Black Bear Access will be on right
Continue .4 mile and Bear Cliff entrance is on right
From Points South
Take 221 North or 226 North to Marion, NC
If coming up 221, turn left at 1St light onto 221/226 Bypass
If coming up 226, continue straight through 5 lights onto 221/226 Bypass
Go several miles to light at WalMart and continue straight
Go .5 mile and turn right at 1St light
Take immediate left onto Hankins Road
Go 3.4 miles to end and turn left on Lake James Rd.
Go 2.5 miles and Black Bear Access will be on right
Continue .4 mile and Bear Cliff entrance is on right
From Points North
Take 221 South or 226 South to Marion, NC
At 1St stoplight, turn left
Take immediate left onto Hankins Road
Go 3.4 miles to end and turn left on Lake James Rd.
Go 2.5 miles and Black Bear Access will be on right
Continue .4 mile and Bear Cliff entrance is on right
Road Map
(Download- This Map)
Page 1 of 3
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BearCliff Directions
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BearCliff Directions
Page 3 of 3
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BLACK BEAR DEVELOPMENT, INC.
PO Box 1128 • Marion, NC 28752
Phone: [phone] • Fax: [phone]
Email: [e-mail]
Copyright © 2003-2004
Black Bear Development, Inc.
http://www.blackbeardevelot)ment.com/Daees/frames/frame hearcliff direntinn.Q htm A111100d