20041093 Ver 1_COMPLETE FILE_20040706

r

0? W A 7•F Michael F. Easley, Governor
RQ William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> r-? Alan W. Klimek, P. E. Director
-? Coleen H. Sullins, Deputy Director
Division of Water Quality
July 12, 2004
DWQ Project # 04-1093
McDowell County
Page 1 of 3
Daniel P. Faust
5380 Whistler Point
Howell, Michigan 48843
Subject Property: Sunset Point, Section 1, Lot# 18, Big Tree Way, Marion, NC 28752
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Faust:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.032 acres of wetlands, 700 feet of shoreline and 3000
square feet (ft2) of buffers on Lake James for the purpose of installing rip rap and river rock at
the subject property, as described within your application dated July 2, 2004 and received by the
N.C. Division of Water Quality (DWQ) on July 6, 2003. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification Number(s)
3373 (GC3373). The Certification(s) allows you to use General Permit Number 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 Non-
discharge regulations. 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. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 211.0506 (h). 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:
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) iGl"i7#
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htto://h2o.enr.state.ne.us/ncwetlands)
Customer Service #: 1-877-623-6748

Danile Faust
Page 2 of 3
July 12, 2004
Amount Approved
(Units) Plan Location or Reference
Shoreline 700 (feet)
Waters 0.032 (acres)
Buffers 3000 (square ft.)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractoiowned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the
project.
5. 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
Danile Faust
Page 3 of 3
July 12, 2004
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.
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 Cyndi Karoly in the Central Office in
Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Ashville Regional Office at 828-296-
4500.
AWK/bs
Enclosures: GC 3373
Certificate of Completion
cc: Sue Harmon, Permits Etc.
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Filename: 04-1093 Daniel Faust (McDowell) 401
Sincerely,
FILE ATOPY °WQ co?T
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
Owner/Applicant Information
Name:
041093
0
WETLANDS 1401 GROUP
jUL 0 6 2004
WATER QUALITY SECTION
DANIEL P. FAUST
Mailing Address: 5380 WHISTLER POINT
HOWELL, MICHIGAN 48843
Telephone Number: _517-548-4581 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:
-permitsetc@ carolina.rr.com
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.
LDiniel R kusf
Location
County: MCDOWELL
Nearest Town:
MARION
Subdivision name or site address (include phase/lot number): SUNSET POINT/ SECTION 1/ LOT 18,
BIG TREE WAY, MARION, NC 28752
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221 NORTH/ LEFT ON HANKINS RD/
LEFT ON LAKE JAMES RD/ RIGHT ON SUNSET POINT PARKWAY/ LEFT ON BIG TREE WAY
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): _1.63 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 APPROXUMATELY 300 FEET OF
SHORELINE AND RIVER ROCK TO APPROXIMATELY 400 FEET OF THE SHORELINE OF
THIS LOT. THE RIP-RAP AND RIVER ROCK SECTIONS WILL BE 5-8 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 700 FT. = 1400 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:
10 FT. X 300 FT. = 3000 SQUARE FEET (THIS PROJECT WILL BE DONE BY BARGE
SO THERE WILL NOT BE A CONSTRUCTION PATHWAY.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): APPROXIMATELY 17 TREES WILL BE REMOVED.
THEY WILL BE REPLACED USING THE GUIDELINES OF THE LAKE JAMES PROTECTION
ORDINANCE. ALSO, A SLOPED AREA ABOVE THE RIP-RAP WILL BE HYDRO-SEEDED
WITH CROWNVETCH. (SEE THE PLAT FOR MORE DETAILS.)

Applicant/Agent's Signaturb Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Daniel raas+
5un5e-h'Poi nf/ Lof 1? IS
Lake (Full Pond)
? tiara ?,J? ? 1 be 1,L5?.
Full Pond
Shoreline
-R; p- ro-P Pi vLr RoverK River
f C ?K r04
?a}{e.t,"(Lrd
ycr rcr
rid
qe•)
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 "Normal Pool" elevation
3) Location of rip rap or till to be placed below the "Normal Pool" 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 "Normal Pool"
elevation.
6) Location of construction access corridors.
The, amrournalt 6&reline-j?i1affl bi^ ?1i5 lof 15 gaa ke+, / Proxr?
3M l mn ar hkl- Will ha.Ve, rfo-r' Wi ed H if, Ai)l2WX i`rnaf??4 400 f? F
.wit( h a v e riva roe < n m I'd f n if, The areas -I h y j w i l l ha Ve no
r;Vu COCK, or rtn-r??iletl to I are nc.hural hpnch areas,
Daniel Faust
Sunset Poio Lot.018
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XS - Location of 300 linear feet of rip-rap,
5-8 feet in height. This area is a 300
feet long cliff, approx. 20 feet in
height, (12 ft. high at point). The
area will be cleared 10 feet from the
cliff s edge and sloped to a 1 to 1
grade. The sloped area above the rip-
s rap will be hydro-seeded with
crownvetch. If hydro-seeded in cold
weather, a mix with rye will be
applied. (Grasses, other than turf
grass,are allowed for shoreline
stabilization in McDowell County, as
stated in the Lake James Protection
Ordinance.)
G One load of boulders, (large rip-rap),
will be placed on the point, between
the rip-rap and the river rock, where
there is extensive erosion.
?W . Location of 400 linear feet of river
W rock in the cove. The river rock will
be 5-8 feet in height. The areas in
the cove not showing river rock are
sandy beach areas and will remain
natural. (As is)
?
I
v. ,
'f it1s pr'okc+ will be donee
b4 kr6e.

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Marion, North Carolina, United States NA W R Faust
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_ Daniel P,IF._ (1281
1662 Lot #18/ Sunset Point - ??
t\ Maion, NC
\\ Latltude 35.74912
Longit ucle -81.94318 126
41
(1261234
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ban i e.l Faust
5unSet Poiy* I Ph . I LDt it I
Duke Duke Power
Power. 526 South Church Street
P.O. Box 1006
A Duir Entro Company Charlotte, NC 28201.1006
June 25, 2004
Mr. Daniel Faust
5380 Whistler Point
Howell, Michigan 48843
Dear Mr. Faust:
I understand that you are requesting an application to stabilize the shoreline of your
lakefront property. After making a site visit to your lot, #18, in Sunset Point
development of McDowell County, I do not have a problem granting your request,
provided that all current shoreline management guidelines are followed.
Should you or your contractor have questions, please call me at 704-382-8577 or 704-
634-7741.
Sincere//ly,,? ((?? ))
J. Wade Harmon
Lake Management Representative
IC{ r' ? [t J
Dan
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.
f
Signature (s)
a
Date "