20041752 Ver 1_Complete File_20041109

Michael F. Easley, Governor
l!i William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
o Division of Water Quality .
i
j j
C. Haley
1' 76 Carpers Farm Way'
V enna, Virginia 22182
S bject Property: $lack Forest Sub(
A groval Of 01 Water Quality Certifici
B ffer Protection Rules (15A NCAC 2B
D' ar Mr. Haley:
Y
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401 ells
165 (Mail
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An Edual
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Th
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have our approval, in accordance with th
in or otherwise impact approximately, 0.0
Tan,ibuffers',l'for the purpose of installing
ri
ribed withir?' your application dated Octo
ded that the impacts are covered by the N
lity Certification Number(s) 3373 (GC33
?,ral Permit No. 198200030 when issued
I also act as your approved Authorization
NCAC 2B .0243. In addition, you shoul
ral, state or local permits before you go
Sediment C' ntrol and'Duke Power regul
•. proposed impacts or to conduct impae
a expiration of the 4q4 or CAMA Perm
approval is for the purpose and design th
,ct, you must notify us and you may be re
iew owner must be given a copy of this Cc
plying with all conditions. This approval
fication and {any additional conditions list
Additional ;Conditions of the Certifica
i
iupacts Approved
The following impacts are hereby app
conditions of this Certification (or Iso
approved including, incidental impact
ovember 9, 2004
DWQ Project # 04-1752
McDowell County
dsion, Phase I, Lot#14, Marion, NC
On And Authorization Certificate per the Catawba River
11,43) with Additional Conditions
attached conditions and those listed below, to place fill
14 acres of waters and 610 square feet (ft2) of protected
rap to stabilizes approximately 305 feet of shoreline, as
,, r 27, 2004. Aft?r reviewing your application, we have
Division of Wa?er Quality (DWQ) General Water
7The Certification(s) allows you to use Regional
by the US Army Corps of Engineers (USACE). This letter
Certificate for impacts to the protected riparian buffers per
di obtain or otherwise comply with any other required
ah' ad with your project including (but not limited to) Erosion
at ons and permits. Also, this approval to proceed with
to waters as depicted in your application shall expire
i
?.
at you described in your application. If you change your
q}?fired to send us a new application. If the property is sold,
rltification and approval letter and is thereby responsible for
requires you to follow the conditions listed in the attached
ell below.
lion are:
i
roved as long as all of the other specific and general
lated Wetland Permit) are met. No other impacts are
s: I
Amount: A " roved (Units) Plan Location or Reference
Shoreli e j 305 (feet) '
Waters ; 0.014 (acre )
Buffers 610 (s uare ft.)
)ertitcation Unit
ce nter, Raleigh, North Carolina 276,991650,
Boul' vgrd, Spite 250, Raleigh, North Carolina 27604
3-1 6 / FAX 919.733-QB93 / Internet: 15tto://h2o.enr.state. nc. us/ocwetlands
ftuni !Affirmative Aetiony Employer - 5006 Recycled/10% Post Consumer Paper
I
No Carolina
Nturallr?
2. Diffuse Flow
An additional condition is that all''stormwater shall be
velocities through the protected stream buffers and wi
the stream as identified within 15A NCAC 2B .0243(
3. Certificate of Completion
Upon completion of all work approved within the: 401
Buffer Rules, and any subsequent modifications, the
certificate of completion to the 401/Wetlands Unit,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Gary C. Haley
Page 2 of 2
November 9, 2004
directed as diffuse flow at non-erosive
1 not re-concentrate before, discharging into
Water Quality Certification or applicable
pplicant is required to return the attached
orth Carolina Division of Water Quality,
Violations of any condition herein set forth may result in 'revtith ation of this Certification' and may result in
criminal and/or civil penalties. The authorization to proceed, your proposed impacts or to conduct
impacts to waters as depicted in your application and as auto rized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
(associated with the approved wetland or
If you do not accept any of the conditions of this Certificatio
stream impacts), you may ask for an adjudicatory hearing. Y u must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written p ion, which conforms to Chapter 150B of
ti
the North Carolina General Statutes to the Office of Admini?s a ve Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its condit? ns are final. and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorizati n Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director fo a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 156
This letter completes the review of the Division of Water Q ality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as desc ed within 15A NCAC 2B .0243. If you
have any questions, please telephone John Dorney at 919-73 -9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
A=WKlimek, P.E.
AWK/bs
Enclosures: Certificate of Completion
GC 3373
Catawba Buffer Fact Sheet
cc: Sue Harmon
Duke Power Lake Management, PO Box 1006, Clip
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
NC 28201-1006
Filename: 04-1752 Gary C Haley (McDowell) 401 CBR

LE
The fo lowing is an abbreviated application firm for those applying for a 401 Water uali
Certif cation 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 im acts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre. 4019SS ?9 E?D
Applications should be sent to:
Division of Water Quality Wetlands Unit !041752 1650 Mail Service Center D
Raleigh, NC 27699-1650 NO V 0 1 2004
i
L Applicant Information rver? 3A'Vpsro QTY
tAa BRWH
1. I Owner/Applicant Information
Name: GARY C. HALEY
Mailing Address: 1376 CARDERS FARM WAY
VIENNA, VIRGINIA 22182
Telephone Number: 703-759-6129 Fax Number:
E-mail Address:
C BOILING SPRINGS, NC 28017
Telephone Nurqber: 704-434-0706 Fax Number: _704-434-7100
'E-mail Address: [e-mail]
I
IL Project Information
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
,if the Agent has signatory authority for the owner/applicant.)
'Name: SUE HARMON F .,
Company A lli'ation: PERMITS, ETC.
,Mailing Ad&ess: P.O. BOX 234
Attach a vicinity map clearly showing the location of the property with respect to local landmarks' such
as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. You may use the diagram: below to make a
hand sketch of your project. Also, see the exam le below for guidance. Both the vicinity map and site
plan m' st include a scale and north arrow, The footprints of all buildings, impervious surfaces, or other
facilities must be included.
m 1
I. Location
County:; _MCDOWELL Nearest Town: MARION
i` Sobdivi ion name or site address (include phase#ot number):
_?LAC?K, FOREST / PHASE 1 /LOT #14 OWURE WALK DRIVE, MARION, NC)
Directions to site please include road numbers, ?ndmarks, etc. (This is not necessary if an adequate
vicinity xnap is included): FROM MARION TAKE HWY 221 N / RIGHT ON HANKINS RD. /
LEFT ON LAKE JAMES RD. / RIGHT ON BLACK FOREST DR. / LEFT ON NATURE WALK DR.
TO END.
21 escribe the, existing land use or conditi?'# of the site at the time of this application:
MS I$ A LARGE, VACANT, WOODED LA E LOT.
3 Property size (acres): 5.551 ACRE
4; Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5, escribe the purpose of the proposed wotk _TO STABILIZE THE SHORELINE AND HELP
P"VENT EROSION, BY APPLYING RIP- TO 305 LINEAR. FEET OF THE SHORELINE OF
THIS L 10T. THE RIP-RAP WILL BE APPRO TELY 6 FEET IN HEIGHT. MOST OF THE 305
FEET SHORELINE WILL HAVE SOME GENTLE SLOPING OF THE TOP OF THE BANK, TO
ALLOW FOR A I TO 1 SLOPE FOR THE RIP-RAP TO HOLD TO.
6. ist the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND Hj AND TOOLS
7!, kinount of impact (in0luding all excavation, backfill, rip rap, retaining walls, etc.) below the
#ormal pool lake level in square feet or acres: 2 FT. X 305 FEET = 610 SQUARE FEET
81a. Amount of impact (including all clearings 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 305 FT. 610 SQUARE FEET
(THERE WILL BE NO CONSTRUCTION PATHWAY.)
8.b. lease describe vegetation above the normal pool lake level and 50 feet landward to be impacted
number of trees for instance): FIVE TREES UNDER 6 INCHES IN DIAMETER WILL
NEED TO BE REMOVED. THE RULES OF THE LAKE JAMES SHORELINE
ROTECTION ORDINANCE WILL BE FOLLOWED CONCERNING THIS.
Applicant/ gent's Signatur Date
(Agent's signature is valid only if an authorizatidn letter from the applicant is provided.)
Aug C,
UA rarest IPh,l i
Like (Full Pond)
r
j Full Pond
'Shorellhe
p??xj a
4. X 305' 511
banK - Rove- Vcr?d
4
1
1
Please aproxirnately sketch the following information on this plan
X 100 ft);
(please PrOvlde dimensions f{ r each item, such as 10 ft.
1) All proposed vegetation cl uin9 (provide dimensions)
2) Location of rip rap or fill to be placed Above the MNormal Pool" elevation
on of rip rap or nil to be placed below the Normal Pool' elevation
3) loocatl sed structures such as buildings, r *9
4) The location of any propo,
walls, docks, etc,
The location of any exca atlon or dridging below the 'Normal Pol
5)
eievatio
6) Location; of constructlon access corridors.
. 'i Approximately 305 linear feet ofjshoreline (of the 900 linear feet of
shoreline of this lot) will have npi-rap applied to it. The rip-rap will be
approximately 6 feet in height. T, here will be no construction pathway.
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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 stabilizatioi.
ignature (s)
4& 1
Date ??? t
i
I
Uke DUKE POWER
10 P :were P.O. Box 1006
Charlotte, NC 28201-1006
October 15, 2004
Nor. John Dorney
CDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Mr. Dorney:
. Gary. C. Haley, owner of Lot #14, Black Forest subdivision on Lake James in
cDowell County, would like to apply for shoreline stabilization of his lake lot.
I ave 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. Wade Harmon
Lake Management Representative