20041651 Ver 1_COMPLETE FILE_20041012

Certificate of Completion
DWQ Project No.: b f r 16 5-1
Applicant:
1
Project Name:
Date of Issuance of 401 Water Quality Certification: / 0 - I ? - D?
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such thiat the construction was observed to be built
within substantial compl' ance and intent of the 401 Water Qualit j,? Certification anBuf er Rules, t?e
approved plans 'isp'#ications, and other supporting materials.' O It 64-Ok 1Z ZC
Signature:
Agent's Certification
l?
Date: S"2 y 7
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buf r 1 ,
?
approved plans and specifications, and other supporting materials.
D
Signature:
Date:
MAR 0 7 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such that
the construction was observed to be built within substantial compliance and intent of the 401 Water Quality
Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
1
County: 4)-. U/2- ?t

Signature: Registration No.: Date:
W A T4 ?? Michael F. Easley, Governor
(? G William G. Ross Jr., Secretary
Cp r North Carolina Department of Environment and Natural Resources
. Alan W. Klimek, P.E. Director
Division of Water Quality
October 14, 2004
DWQ Project # 04-1651
Burke County
Thomas S. Coffey
123 Morehead Street
Morganton, NC 28655
Subject Property: Southe Pointe, Phase 1, Lot# 110, 5072 Whiterock Lane, Morganton
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Coffey:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.005 acres of waters for the purpose of installing rip rap to stabilize 113 feet
of shoreline at the subject property, as described within your application dated October 7, 2004 and
received by the N.C. Division of Water Quality (DWQ) on October 12, 2004. 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 (USAGE). In`'?ddition, 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 2H.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:
Amount Approved (Units) Plan Location or Reference
Shoreline 113 (feet)
Waters 0.005 (acres)
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: hftp://h2o.enr.state.nc.us/nmetlands
o a Carolina
Ntur,"I'm
Thomas S. Coffey
Page 2 of 3
October 14, 2004
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 contractor-owned 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.
No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur `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 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,
Ir.
r Thomas S. Coffey
Page 3 of 3
October 14, 2004
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 Asheville 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
Sincerely,
Alan W. Klimek, P.E.
/1111 Filename: 04-1651 Thomas Coffey (Burke) 401

I }
?W 0- CoPit
FILE COPY 401 ISSUED
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
I. Applicant Information
Owner/Applicant Information
Name: THOMAS S. COFFEY
Mailing Address: 123 MOREHEAD STREET
MORGANTON, NC 28655
Telephone Number: _828-437-4191
E-mail Address:
041651
Fax Number:
OCT i 2 2004
WETLY SAfD STCRMWA ER BRANCH
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: POST OFFICE BOX 234
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.
BOILING SPRINGS, NC 28017.

_Jhonyls S,
1. Location
County: BURKE
Subdivision name or site address (include phase/lot number): SOUTH POINTE/ PHASE 1/ LOT #110
(5072 WHITEROCK LANE, MORGANTON, NC 2865
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 W/ LEFT ON SOUTH
POINTE DR/ RIGHT ON WHITEROCK LANE/ LOT #110 IS ON RIGHT
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): 0.77 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 THE ENTIRE SHORELINE LENGTH OF THIS
LOT, 113 FEET. THE RIP-RAP 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 113 FT. = 226 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.
Nearest Town: MORGANTON
Applicant/Agent's Signature U Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
................. _......._.._.......... ....... lOh1Ci 5 S . Co t ?e ?-I?
Sub poiof h, i.11- "# l lO
Lake (Full Pond)
Full Pond
Shoreline
please a?pproximatety sketch the following information on this plan
as 10ft. x 100 ft):
(please provide dimensions for each iSU6 dimension-s)
1) All proposed vegetation clewing (provide
2) Location of rip rap or fill to be placed above the "Norma Pool" elevation
3) Location of rip rap or ii tstplaced ructures such as buildings, reiain)ng
4) The location of any proposed
walls docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
rWZ. ,., nlt6 -Iv i?- ?. he;?hF of +h? rip -raw will be ? 3 - ? ?e?
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Morganton area, North Carolina, United States
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Pisgah National
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5072 W hiterock Lane
Morgmton, NC 291555
Lattude 35.76405
S?y
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1omci5 5Co--re j
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)
Date 14 Z'Q '5 /0 5?

V
-
o

Thomas S. WfN
5,OUA Pointc IL.Ot !!a
I I
Mk Duke
Power®
September 30, 2004
Mr. John Dorney
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Mr. Dorney:
DUKE POWER
P.O. Box 1006
Charlotte, NC 28201-1006
Mr. Thomas Coffey, owner of Lot #110 South Pointe subdivision on Lake James in
Burke County, would like to apply for shoreline stabilization of his lake lot.
I have made a site visit to his lot located at 5072 Whiterock Lane, Morganton, NC. I will
be happy to review his application for shoreline stabilization. His application must
include approval from your agency and the U. S. Army Corps of Engineers.
Please call me if you have any questions at 704-382-8577.
incerely,
tKi
??-?c?
J. Wade Harmon
Lake Management Representative
www.dukepower.com