HomeMy WebLinkAbout20040903 Ver 1_COMPLETE FILE_20040604F W ATF Michael F. Easley, Governor
O
R
Q William G. Ross Jr., Secretary
O G North Carolina Department of Environment and Natural Resources
j Alan W. Klimek, P. E. Director
?
O `C Division of Water Quality
`r Coleen H. Sullins, Deputy Director
Division of Water Quality
June 16, 2004
Mallard Pointe Owner's Association
Attn: Bruce Whipple
2409 Lake Forest Cove
Nebo, NC 28761
Subject Property: 2391 Lake Forest Cove, Mallard Pointe, Lot# 10
DWQ Project # 040903
Burke County
Page 1 of 3
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. Whipple:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact approximately 0.004 acres of waters for the purpose of
installing rip rap to stabilize approximately 80 feet of shoreline, as described within your
application dated June 2, 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.
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)
(919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.no.us/ncwetlands)
Mallard Pointe Owner's Association
Page 2 of 3
June 16, 2004
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 160 (feet)
404/LAMA Wetlands (acres)
Waters 0.004 (acres)
Buffers (square ft.)
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.
Mallard Pointe Owner's Association
Page 2 of 3
June 16, 2004
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.
AWK/bs
Enclosures: Certificate of Completion
GC 3373
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: DWQ# 04-0903 Mallard Pointe (Burke) 401
Sincerely,
! 1WQ. Cop
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:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
?y
WETLANDS/ 401 GROUP
Owner/Applicant Information JUN 0 4 2004
Name: MALLARD POINTE OWNER'S ASSOARWALITY SECTION
Mailing Address: 2409 LAKE FOREST COVE
NEBO, NC 28761
ATTN: BRUCE WHIPPLE
Telephone Number: _828-584-6259 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization 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: permit setc@carolina.rr.com
EL 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.
3 3:5 I'D
FILE Copy
*11ard Point, Owners AsseciatiM
1. Location
County: BURKE Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): 2391 LAKE FOREST COVE,
NEBO, NC 28761 (MALLARD POINTE/ LOT#10)
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 BENFIELD
LANDING RD/ LEFT ON LAKE FOREST COVE TO LOT #10
2. Describe the existing land use or condition of the site at the time of this application: THIS IS A
VACANT, WOODED LOT WITH A PATHWAY GOING DOWN THE CENTER OF THE LOWER
PORTION, WITH SOME GRASS. THIS LOT IS THE BOAT ACCESS AREA FOR MALLARD
POINTE.
3. Property size (acres): 0.22 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE THE SHORELINE AND
PREVENT EROSION BY APPLYING RIP-RAP TO APPROXIMATELY 80 FEET OF THE
LENGTH OF THE SHORELINE. THE RIP-RAP WILL BE APPROXIMATELY 6 FEET IN
HEIGHT.
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 80 FT. = 160 SQ. FT.
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.
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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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 Pool" elevation
3) Location of rip rap or fill to be placed below the Normal
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
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Mallard Pointe
NI ,lard %jr& Owners' Asad&tia,
Mallard 'Poi n o /Lot if1o
To: North Carolina Division of Water Quality
I give Sue Harmon of Permits, Etc. permission to sign as my agent on my
application for shoreline stabilization.
Signature
?,d
Date ? I I log