HomeMy WebLinkAbout20041439 Ver 1_COMPLETE FILE_20040830Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 3, 2004
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1439
Burke County
Douglas A. Flowe & Jeffrey B. Hardin
162 Brookridge Drive
Forest City, NC 28043
Subject Property: Lake James, South Pointe Subdivision, Phase IV, Lot# 241
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. Flowe & Hardin:
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 rip rap to
stabilize approximately 125 feet of shoreline, as described within your application dated August 25, 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 Nuroer(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.
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 125 (feet)
Waters 0.005 (acres)
Buffers n/a (square ft.)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hftp://h2o.enr.stafe.nc.us/ncwetlands
None hCarolina
Aawmllrff
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Douglas Flowe & Jeffery Hardin
Page 2 of 2
September 3, 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,
07"1, "at./
Alan W. Klimek, P.E.
AWK/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
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: 04-1439 Douglas Flowe & Jeffery Hardin (Burke) 401
A DtQ CnT
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: MR. DOUGLAS A. FLOWS
MR. JEFFREY B. HARDIN
Mailing Address
Telephone Number:
E-mail Address:
162 BROOKRIDGE DRIVE
FOREST CITY, NC 28043
828-248-3019
Fax Number:
WETLANDS/ 401 GROUP
AUG 3 0 2004
WATER QUALITY SECTION
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:
MRS. 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: per itsetc@carolina.rr.com
IL 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.
U41439 510???cS'
FILE Clopy
C1 t
Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): SOUTH POINTE/ PHASE IV/ LOT
#241 (4953 CAMDEN POINTE DRIVE, MORGANTON, NC 28655)
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 SOUTH
POINTE DRIVE/ LEFT ON CAMDEN POINTE DRIVE TO THE END
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT.
3. Property size (acres): 0.70 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 HELP
PREVENT EROSION, BY APPLYING RIP-RAP TO APPROXIMATELY 125 LINEAR FEET OF
SHORELINE OF THIS LOT. THE RIP-RAP WILL BE APPROXIMATELY 3-6 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 125 FT. = 250 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): NO TREES WILL BE REMOVED. NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.
AUGUST 25, 2004
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Lake (Full Pond)
r c.
Full Pond
Shoreline
please approximately sketch the following information on th100 is pf lan
(please provide dimensions for each item, such as 10 ft.
1 All proposed vegetation clepAny (provide dimensions)
Location of rip rap or fill to be placed above theMNorma PoW " elevation
4j The e loca locatio on o of any proposed of rip or "if to be placed below the "Norm
3) o rap structures such as buildings, retain#ng
walls, docks, etc. below the "Normal P001"
5) The location of any excavation or dredging
elevation.
6) Location of construction access corridors.
The length of the shoreline of lot #241 is approximately 160 feet. Approximately 125
feet of shoreline will have rip-rap applied to it. The rip-rap will be 3-6 feet in height.
No equipment will be used in the buffer area.
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Duglas A. Floc
jef?rq 16.44 rd n
South t o i nt? / I?t Aq-I
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 (s) 1411
Date
las A. Flowc
1cff rcy B. Marde n,
i?
I nt 941
Duke
Power®
DUKE POWER
P.O. Box 1006
Charlotte, NC282O1-1006
1 i
t
I ?
7
I ,
August 24, 2004
Mr. Douglas A. Flowe
Mr. Jeffrey B. Hardin
162 Brookridge Drive
Forest City, North Carolina 28043
Dear Mr. Flowe and M r. Hardin:
I understand that you a
lakefront property on L re requesting an application to stabilize the shoreline of your
ake James. After making a site visit to your lot, #241 in the South
Pointe subdivision of B urke County, located at 4953 Camden Pointe Drive, Morganton, I
do not have a problem granting your request, This is provided that all current shoreline
management guideline s are followed.
Should you or your contractor have any questions, please call me at 704-382-8577 or
704-634-7741.
Sincerely,
Wade Harmon
Lake Management Representative
a
SOIL PROFILES
Johnston Mucky Loam
Typical Pedon as Depicted in NRCS 1999
Soil Survey ofRiehmond County, North Carolina
Texture
0
10
20
30
40 - 10 Y-R 7/:
50
Depth in inches
Johnston
Hydric Floodplain Soils
as Observed in the Field
Al Mucky Loam
Permeability = 1.5-15 em/hr
A2 Fine Sandy Loam
Permeability = 1.5-15 cm/hr
Cg I Sandy Loam
Permeability = 1.5-15 cm/hr
Cg2 Loamy Sand
Permeability = 15-51 cm/hr
to Downstream Channel
Texture
0 Sandy Loam
A I Permeability = 7 em/hr
2.5 Y 6/1 A2 Sandy Clay Loam
10 F-- --- --? Permeability - 7 cm/hr
20- 2.5 Y 6/1 C l Sandy Clay
Permeability = 2 cm/hr
Depth in inches
Johnston
Hydric Floodplain Soils Adjacent to Upstream Channel
as Observed in the Field
Texture
0
A I Fine Sandy Loam
Permeability - 10 cm/hr
10
1
A2 Loamy Clay
20-- 10 Permeability - 1.5 cm/hr
30- 2.5 Y 511 C I Loamy Clay
Permeability = 1.5 cm/hr
40 i ..
2.5 Y 6/2 C2 Coarse Sandy Clay
Permeability - 15 cm/hr
50 9 a'1'1.
Depth in inches
Ailey
Non-hydric Soils as Observed in the Field
(Hydraulic Conductivity Value as Depicted in NRCS 1999)
Texture
0
10
20
30
40 - 2.5Y
50-
Depth in inches
A Sand
Permeability - 15-51 cm/hr
C l Sandy Loam
Permeability - 1.5-5 cm/hr
C2 Sandy Loam
Permeability - 1.5-5 cm/hr
C3 Sandy Clay Loam
Permeability - 0.15-0.5 cm/hr
Dwn. by: CLF
EcoScience SOIL PROFILES Ckdby: WGL Figure
Corporation Hall Property Restoration Studies Date: May 2004 8
Raleigh, North Carolina Richmond County, North Carolina
Project: 04-182
I
I
I?
i
1
N
E
a. S
l p 1!M
0 ?
0
h
3 ,.
0
M
I
0 Easement Boundary
Proposed Channel
Proposed Channel Zone of Influence within Hydric Solis - 1.1 ac
Proposed Wetland Restoration - 2.7 ac
Proposed Wetland Enhancement - 0.6 ac
JNMOD Proposed Conditions
Property Restoration Studies
mond County, North Carolina
DATE: 7DN#B
June 2004 SCALE: CLF
CKD BY:WGL
As Shown
FIGURE 10
I
bw? Ia5 A. Flowc
leff rcy 3.Har&N
Lot 241 / 5ou+h Poirtfe
`-j
J .
'
? ? ? ?ti
Pt Duke
Powere
August 24, 2004
Mr. Douglas A. Flowe
Mr. Jeffrey B. Hardin
162 Brookridge Drive
Forest City, North Carolina 28043
Dear Mr. Flowe and Mr. Hardin:
DUKE POWER
P.O. Box 1006
Charl6tte, NC 28201-1 006
I understand that you are requesting an application to stabilize the shoreline of your
lakefront property on Lake James. After making a site visit to your lot, 4241 in the South
Pointe subdivision of Burke County, located at 4953 Camden Pointe Drive, Morganton, I
do not have a problem granting your request. This is provided that all current shoreline
management guidelines are followed.
Should you or your contractor have any questions, please call me at 704-382-8577 or
704-634-7741.
Sincerely,
Z4j a,?
Wade Harmon
Lake Management Representative
www.dukepower.com