20041679 Ver 1_COMPLETE FILE_20041018

I

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 26, 2004
DWQ Project # 04-1679
Henderson County
John D. Montgomery
3009 Wilmot Avenue
Columbia, SC 29205
Subject Property
Montgomery Subdivision, Lot# 6, Lake Summit, Zirconia, NC
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Montgomery:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.010 acres of waters for the purpose of constructing a seawall and applying
rip rap to stabilize 237 feet of shoreline at the subject property, as described within your application dated
October 14, 2004 and received by the N.C. Division of Water,Quality (DWQ) on October 18, 2004. After
reviewing your application, we have decided that the impacts a?e 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 (U?ACE). 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 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 237 (feet)
Waters 0.010 (acres)
No thCarolina
401 Wetlands Certification Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.ne.us/newetiands
John D. Montgomery
Page 2 of 3
October 26, 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.
l
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 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,
John D. Montgomery.
Page 3 of 3
October 26, 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
Sincerely,
Alan W. Klimek, P.E.
Enclosures: GC 3373
Certificate of Completion
cc: Sue Harmon, Permits Etc.
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
1\
Filename: 04-1679 John D Montgomery (Henderson) 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:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
Owner/Applicant Information
Name:
JOHN D. MONTGOMERY
Mailing Address: 3009 WILMOT AVENUE
COLUMBIA, SC 29205
OCT 1 g 2004
DENR - WATER ouAuTy
WE7IANDS AND STORMWATER BRANCH
04167
Telephone Number: _864-357-1789 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: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706
E-mail Address
_permitsetc@carolina. rr. corn
II. 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.
Fax Number: 704-434-7100
Sohn n-Fpme-
1. Location
County: _HENDERSON.
Nearest Town: ZIRCONIA
Subdivision name or site address (include phase/lot number):
MONTGOMERY / PHASE I /LOT 6 (S. LAKE SUMMIT RD.)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM SALUDA TAKE U.S. 176 WEST/ GO ABOUT 2 MILES TURN
LEFT ON S. LAKE SUMMIT RD./ GO 1-1 1/2 MILES / LOT 6 IS ON RIGHT JUST BEYOND
WHERE TELEPHONE POLE CROSSES OVER COVE.
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT. THERE IS A PUBLIC (GRAVEL) ROAD THAT
RUNS THROUGH LOT 6 AND ALONG THE SHORELINE OF THE LAKE.
3. Property size (acres): 4.0 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake)
LAKE SUMMIT
5. Describe the purpose of the proposed work: _TO STABILIZE THE ERODING SHORELINE
BY CONSTRUCTING A BLOCK SEA WALL, 170 FEET IN LENGTH, AND APPROXIMATELY 6
FEET IN HEIGHT, AND ALSO APPLYING RIP-RAP 67 FEET IN LENGTH AND
APPROXIMATELY 4 FEET IN HEIGHT ALONG THE REMAINDER OF THE 237 FEET
SHORELINE.
6. List the type of equipment to be used to construct the project: A BOOM TRUCK AND HAND
TOOLS. THE BOOM TRUCK WILL BE POSITIONED ON THE GRAVEL ROAD AND BE USED
TO LOWER SUPPLIES TO THE SHORELINE. (THE BANK BETWEEN THE SHORELINE AND
GRAVEL ROAD IS EXTREMELY STEEP.)
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 237 FT. = 474 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:
2 FT. X 237 FT. = 474 SQ. FT. THERE WILL BE NO 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): THREE TREES UNDER 6 INCHES IN DIAMETER
WILL NEED TO BE REMOVED ALONG WITH A SMALL AMOUNT OF UNDERBRUSH.
Applicant/Agent's Signature' 0 Date
John D,- NVntnom
Wr4wrnefq 6U.bdiV-sicn
I n?:t Sur?,m?f' -
Lake (Full Pond)
Full Pond •PN cek Wirt Rip-rap, I &i i n ??GKI?
Shoreline fip-fq: 1,1o linear f?j wac`td in -Front c?
(?? li'near' tL .
J tc-'- ? ? X ??? bloc K wCi (l /f
Above Pond -
?R rap ?, back-0 I I (rcc,K)
bba,c-Kf ?t1-(RVAJ bzh?nd vVatt
Lc?f ?t
"there i 5 n 4 cas+r uc-ion
paWwat

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 pined above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the
4) The location of any proposed structures such as buildings, retairt#ng
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation,
6) Location of construction access corridors,
-(h le e r ` e his IoL .is 93q fed AoDrAtir naf'e-1
_ ncL?f? o-F ? 5ho ,?'
I'Ib Itne.ar Tee,+ wl 1 bi.ye, a bkek W0011 / Feed in heiIplif on if". ?
_t,L i,f rnnA ninmetAp. +h,, lnkn_.
. ?7Chn D Mer?f ??mu?c?_
a le ; (nr h -- RPPQx. I4a feet
s
LAKE SUMMI
NORMAL POOL 201,
-.56w blor.K wall 110 -6f i n
1ovh I approx. (v ft. In he Oi
Rtv-rap ( I foot in width) will 139
p?a,?ed in front of the bl,Ce vva.?
'S - show rip-ra.p approx.. Amt i n
height, (,'I fug' in ICNA
?r
Publico 1-4 ?
ravel road 5
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,Tdhn D Vnfi9omef?
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 c ??
YtO4p
t 1I
_..A_ Duke
C Po were
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. John Montgomery, owner of Lot #6 Montgomery subdivision on Lake Summit in
Henderson County, would like to apply for shoreline stabilization of his lake lot.
I have made a site visit to his lot located on South Lake Summit Road near Zirconia. 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.
Sincerely,,
bi
ade Harmon
1a-,-,
Lake Management Representative
www.dukepower.com