20040979 Ver 1_COMPLETE FILE_20040617

O? WATF9 Michael F. Easley, Governor
?0 QG William G. Ross Jr., Secretary
- North Carolina Department of Environment and Natural Resources
=I Alan W. Klimek, P. E. Director
0 Coleen H. Sullins, Deputy Director
Division of Water Quality
June 30, 2004
DWQ Project # 04-0979
McDowell County
Page 1 of 2
Michael E. Shultz
6852 Guinevere Drive
Charlotte, Nc 28277
Subject Property: The Arbor, Phase 3, Lot# 100
Lake James
Approval Of 401 Water Quality Certification with Additional Conditions
Dear Mr. Shultz:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.005 acres of waters for the purpose of installing river rock to
stabilize approximately 110 feet of shoreline, as described within your application dated June 16, 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). 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 110 (feet)
Waters 0.005 (acres)
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), (hftp://h2o.enr.state.nc.us/ncwetlands)

Michael E. Shultz
Page 2 of 2
June 30, 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.
4. McDowell County Catawba Buffer Ordinance
The proposed project must comply with the McDowell County local riparian buffer ordinance
approved by the Division of Water Quality under the Catawba River Basin: Protection and
Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b).
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.
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 or Bob Zarzecki at 919-
733-9726.
Sincerely,
gAlan W. Klimek, P.E.
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 Mooresville Regional Office
File Copy
Central Files
Filename: DWQ# 04-0979 Michael Shultz (McDowell) 401

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: 040979
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1.
2
Applicant Information
Owner/Applicant Information
Name: MICHAEL E. SHULTZ
Mailing Address: 6852 GUINEVERE DRIVE
CHARLOTTE, NC 28277
Telephone Number: _704-688-1539
E-mail Address:
Fax Number:
WETLANDS/ 401 GROUP
JUN 1 7 2004
WATER QUALIN SECTION
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: [e-mail]
H. 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.
_Mir had C. 6kalfz
Location
County: _MCDOWELL
Nearest Town: NEBO
Subdivision name or site address (include phase/lot number):
HARBORSIDE DRIVE, NEBO, NC 28761
THE ARBOR/ PHASE 3/ LOT 100/
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION, TAKE HWY 70 EAST/ LEFT ON CEMETERY RD/
LEFT ON HIGH TRAIL DR/ RIGHT ON BEACON RIDGE DR/ RIGHT ON SYCAMORE DR/ LEFT
ON HARBORSIDE DRIVE TO LOT 100_
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT.
3. Property size (acres): 0.582 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 RIVER ROCK TO APPROXIMATELY 110 FEET OF THE
SHORELINE OF THIS LOT. THE RIVER ROCK WILL BE 3-5 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 110 FT. = 220 SQUARE FEET
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): FIVE TREES WILL NEED TO BE REMOVED. THEY
WILL BE REPLACED USING THE GUIDELINES OF MCDOWELL COUNTY'S LAKE
JAMES PROTECTION ORDINANCE
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
_ M i( ne I ShL L I.,
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ArAgr
Lake (Full Pond)
barge, Vd i I C b?, u5ecl .
Full Pond
Shoreline
Please approximatety 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 Tip to be placed above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
4) The locatlon of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
ClVel (or.K- (applied fn it The, n Vff roc.K wi I I be, 3 - S Feet
No ?Iiijinmgn,, wiII hp ij4iorl 'n ?o ?llivr nro??.
elevation.
6) Location of construction access corridors.
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The Arbor
Phase, ta / Lot I DO
Michael E. Shultz
I??cha?l E, Shultz
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.
Siplature ('sj `?-
Date ?? ??