20041704 Ver 1_Complete File_20070831

D
WATER
r
1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
October 28, 2004
Eric H. Gibson
352 Chimney Rock Road
Rutherfordton, NC 28139
Subject Property: Waterglyn Subdivision, Phase I, Lot # 53
Lake James
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1704
McDowell County
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. Gibson:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.009 acres of wate for the purpose of installing river rock to .
stabilize approximately 215 feet of shoreline, as described within your application dated October 19,
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). 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 215 feet
Waters 0.009 (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 httr)://h2o.enr.state.nc.us/ncwetlands
No ` Carolina
Nakiially
An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper
Eric H. Gibson
Page 2 of 2
October 28, 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 Administr' ive 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.
AWK/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
Sincerely,
ct4-? lj?-4
Alan W. Klimek, P.E.
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: 04-1704 Eric H Gibson (McDowell) 401 CBR
Du)Q en
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:

401 ISSUED
ERIC H. GIBSON
Mailing Address: 352 CHIMNEY ROCK ROAD
RUTHERFORDTON, NC 28139
041704
DST21204
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Telephone Number: _828-287-4786 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: _704434-0706 Fax Number: 704434-7100
E-mail Address: [e-mail]
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.
Eric. Gt l s)n
Location
County: MCDOWELL " Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): WATERGLYN / PHASE I / LOT # 53
_(WATERGLYN WAY, NEBO, NC)
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 E/ LEFT ON HWY 126 E/ LEFT ON
WILDLIFE RD/ RIGHT ON WATERGLYN WAY TO LOT 53
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): 0.69 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 RIVER ROCK TO 215 LINEAR FEET OF THE 495 FEET
SHORELINE OF THIS LOT. THE RIVER ROCK WILL BE 5-7 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 215 FT. = 430 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): SEVEN TREES WILL NEED TO BE REMOVED. THEY
WILL BE REPLACED USING THE GUIDELINES SET FORTH IN THE LAKE JAMES
SHORELINE PROTECTION ORDINANCE OF MCDOWELL COUNTY.
AppucanvAgent's signature - gate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
6r i c Gi h5a n
Lake (Full Pond)
Full Pond
Shoreline
1
y l l b s -For i s r ?e.?f,
?a{e "ard
Please approximately sketch the following information o xthis Plan
(please provide dimensions for each item, such as 10 ft. 100 ft):
1) AJI proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the?Norma Pool" elevation the 3) Location of rip rap or 11 ibe struc?urbesl? such as buildings, retaln?ng
4) The location of any proposed
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal ?ool"
elevation.
6) Location of construction access corridors.
e, cn?frq, l-? of Crf,-j ne, of off- ' 1-1 95 fee
r rocK, 5 -F a- -F
1 .. . - I, 1 nn - -
AD thl- lot's Shore inv.
1ric 4, Gt`b5oh
Wlter5 i In Ri. I W 953
awe', I indl = awOK,1a5 fu+
c J?.VU
N 03' 34' SO' E 30.00'
N 03' 34' 50' E 4.09'
5 S0' 51' 54' E 31.37'
S 50' 51' 54' E 58.47
S 60' 38' 17* W 39.72'
N 87' 38' 33' W 55.83

N 51' 04' 21' W
25.27'
:
S 66' 44' 46' W 16.04'
S 50' 42' 10' E 21.01'
N 56' 00' 05" E 48.21'
N 53' S8' 59' E 36.96

N 47' 11' 51' E
20.29'
:
N 30' 08' 51' E 59.55'
N 40' 13' 46' E 18.96'
N 50' 51' 54' W 3.36

N 50' 51' 54' W :
30.52'
S 81' 29' 08' E 30.04'
S 81' 79. 08' E 7.71

S 05' 06' 26' E
34.76'
:
S 24' 29' 27' W 20.48

S 23' 15' 28' W
59.75'
:
S 63' 39' 12' W 14.81

5 20' 01' 42' W
38.68'
:
N 59' 30. 55' E ' 30.08'
N 59' 30' 55' E 0.86

s 50' E
15.49'
:
S 00' 38 53' E 16.42'
S 40' 02' 20' E 25.45'
S 29' 25' 04' E 40.95

S 09' 57' 50' E' :
17.64'
S' 19' 01' 18' E 84.58'
N 04. 06'• 52' W 16.73'•
N 56`45; 33' W 38,97-
N 47' 08' 25' W 21.67"
N 79' 07' 03' W 19.67'
N 51' 36' 47' W 27.48'
N 13' 28' 20' W . 18.93'
N48'33' 45'W 19.91'
S 31' 52' 12' W 6.66'
S 31' 52' 12' W 31.88'
N 04' 50' 24' W 37.45'
N 04' 50' 24* W 16.53'
N 57' 13' 41' E 20.90'
N 2a' 55' 48' E 22.70'
V 30' 03' 33' E 17.78'
4 65' 24' 40' E 28.01

5 69' 02' 30' E
33.87'
:
; 83' 23' 04' E 28.38
i 08' 09' 56' E 24.54'
i 67' 50' 10' E 23.60'
i 4a' 33' 45' E 42.17'
4 05' 52' 34' W 9.63

4 05' 52' 34' W
3.46'
:
i 74' 59' 34' E 13.09'
; 34' 46' 40' E 49.67'
i 22' 06' 28" E 19.23'
; 44' 59' 41' E 23.10'
i 37' 00' 55' E 49.52'
i 50' 34' 20" E 28.91

q 74' 59' 34' W :
32.23'
3.85' 38' '11' W 20.95'
S 33' 39' 22' W 48.85'
S 34' 39' 27' W 39.18'
S 10' 03' 05' E 28.74'
S 10' 03' 05' E 5.11

3 88' 15' 50" E
27.92
'
:
1 88'.15' 50' W 59.04'
1 11' 10' 28' W 5.51

1 09' 40' 36' E
50.04'
:
4 88' 56' 10' E 14.09'
; 79' 22' 00' E 35.28

76' 23' 33' E
16.90'
:
79' 06' 45' E 20.48'
4 49' 31' 09" W 28.71'
4 42* 16' 08' W 61.13
i 2Y 02' 25' W 1.99'
18' 12' 29' E 36.79

18' 12' 29' E :
12.03'
4 56' 14' 14' W 10.27
4 56' - 14' 14" W 67.72'
4 05"04" 43" E 11.67

4 35' 34. 33' W
26.27'
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for NC Grid Tie.

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Drainage Easement
P1 N 19. 25' 15" E 27.63' \ r.. lj•' ??
P2 N 5' 04' 44' E 33.92'
P3 N 35' 34' 34" W 52.94' \ Ll (? a
P4 N 46' 14' 46" W 27.25' "1f :.. ' o
.• V ;•ti??Z ?7r U
Building Setbacks along
15' Private Drive
15' Front Setback from
Easement Right of Way.
10' Sideline Setback from
Interior Lot Lines
50' Waterfront Setback

Building Setbacks along
45' Public Road
25' Front Setback from
Road Right of Way.
10' Sideline Setback from
Interior Lot Lines.
50' Waterfront Setback
25' Rear Setback (Not On Lake)
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Nebo area, North Carolina Eric H. Gibson
Pisgah National Fort
FrtcKGbem_ \ U
J Wa;W;Yn/Lot 53 _.._ _ y
Nebo, NC 2B761 J
Latrude 35.73517 `, X126,
rj Longtide -81.92189
'16w) ' 1648?
126 126 ,
!( [phone])
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gric. H- 6 bsm

Y1ktFa'glyn / Ph. I / Lof 53
Lric. H. C;bsvvrv
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 I
ov
Date oy .
Duke
dkV Power®
October 15, 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. Eric H. Gibson, owner of Lot 53 on Waterglyn Way in the Waterglyn subdivision, on
Lake James in McDowell County, would like to apply for shoreline stabilization of his
lake lot.
I have made a site visit to his lot. 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,
? . ?j 0j'_ 114 0-
J. Wade Harmon
Lake Management Representative
www.dukepower.com