HomeMy WebLinkAbout20041804 Ver 1_COMPLETE FILE_20041108
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 15, 2004
Michael S. Goodwin
4434 Piper Glen Drive
Charlotte, NC 28277
Subject Property:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1804
Burke County
South Pointe, Phase Il, Lot 143 (5082 Beech Bluff Drive, Morganton, NC)
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. Goodwin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.007 acres of watkrs for the purpose of installing rip rap to
stabilize approximately 170 feet of shoreline, as described witn your application dated November 4,
2004. After reviewing your application, we have decided that a 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. 108200030 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 anew 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 170 (feet)
Waters 0.007 (acres)
Buffers n/a (square ft.)
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-165,0-
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands
Noce Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer -50% Recycled/10% Post Consumer Paper
Michael S. Goodwin
Page 2 of 2
November 15, 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 pe?ition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administr ative 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,
6r-I Jv?'
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: 04-1804 Michael Goodwin (Burke) 401 CBR
4®1 MUED
D ?Q Cop `y'
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 S
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
1 . Owner/Applicant Information ®? 11 "
D
Name:
Mailing Address: 4434 PIPER GLEN DRIVE DENR - WATER QUALITY
BRANCH
CHARLOTTE, NC 28277,
Telephone Number: _704-844-0884
E-mail Address:
MICHAEL S. GOODWIN NOV 0 8 2004
Fax Number:
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:
P.O. BOX 234,
BOILING SPRINGS, NC 28017
Telephone Number: 704-434-0706 Fax Number: 704-434-7100
E-mail Address
IL Project Information
__permitsetc@carolina.rr.com.
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 al}uidngs, impervious surfaces, or other
facilities must be included. `?` ` I
Mickad S, Goo(iw i n
1. Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): SOUTH POINTE / PHASE H /
LOT 143 (5082 BEECH BLUFF 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/ RIGHT ON BEECH BLUFF DRIVE/ 2D LOT ON RIGHT SIDE OF ROAD
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): 0.80 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE APPROXIMATELY 170
LINEAR FEET OF SHORELINE WITH RIVER ROCK. THE RIVER ROCK WILL BE 6-7 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 170 FT. = 340 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): APPROXIMATELY 6 TO 10 TREES WILL BE
REMOVED ALONG THE EXISTING SHORELINE. THEY WILL BE REPLACED USING
THE GUIDELINES OF THE BURKE COUNTY ORDINANCE.
Applicant/Agent's Signafure 0 - Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
5euHt lNr,fe Aj1 /W-9113
Mr?rrr,n?n ?G
Lake (Full Pond)
Full Pond
Shoreline
?A,rd
Please approximately sketch the following information on t, i00 flan
(please provide dimensions for each KOM such as 10 ft. `
i) All proposed vegetation clearing (provide dimensions)
ation of rip rap or fill to be placed Above the wNonmal Pool4 CI eya
2) l.oc or 1`10 to be placed below the Normal Poo
3) l.ocaUon of rip rap elevation
4) The location of any proposed structures such as buildings, retal*g
walls, docks, etc,
"
5) The location of any excavation or dredging below the *Normal Pool
elevation,
fit Location of construction access corridors, THE SHORELINE LENGTH OF THIS LOT IS APPROXIMATELY 2 35
FEET. APPROXIMATELY 17pL? ROCKEVTVILL WILL HAVE RIVER
BE 6-7 FEET IN
ROCK APPLIED TO IT. THE RI
HEIGHT.
x. uN,Porn?e / Ph.luf 13
Sher ourne
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Copyright O 1988-2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:1Avww.microsoftcomistreets
O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.
Sou+h Poi ct, / Lot it 14 3 _
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SoAPd rife /LA,# 143
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 _ / 44/- 6 q
Duke DUKE POWER
IWPower® P.O. Box 1006
Charlotte, NC 28201-1006
October 21, 2004
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Ms. Karoly:
Michael Goodwin, owner of lot 143, South Pointe subdivision, located at 5082 Beech
Bluff Drive near Morganton, on Lake James in Burke County, would like to apply for
shoreline stabilization of his lake lot.
I have made a site visit to this 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
www.dukepower.com
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 041804
1650 Mail Service Center
Raleigh, NC 27699-1650
L
1.
Applicant Information
Owner/Applicant Information
Q??LROecD
NOV 0 g 2004
DENR - WATER QUALITY
' T DS AND STORMWATER BRANCH
Name: MICHAEL S. GOODWIN
Mailing Address
CHARLOTTE, NC 28277
2.
Telephone Number: 704-844-0884 Fax Number:
E-mail Address:
4434 PIPER GLEN DRIVE,
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:
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: _permitsetc@carolina.rr.com
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.
SUE HARMON
Micho,I S Gomwdn
Location
County: BURKE Nearest Town: MORGANTON
Subdivision name or site address (include phase/lot number): SOUTH POINTS / PHASE II /
LOT 143 (5082 BEECH BLUFF 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/ RIGHT ON BEECH BLUFF DRIVE/ 2ND LOT ON RIGHT SIDE OF ROAD
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): 0.80 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE APPROXIMATELY 170
LINEAR FEET OF SHORELINE WITH RIVER ROCK. THE RIVER ROCK WILL BE 6-7 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 170 FT. = 340 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): APPROXIMATELY 6 TO 10 TREES WILL BE
REMOVED ALONG THE EXISTING SHORELINE. THEY WILL BE REPLACED USING
THE GUIDELINES OF THE BURKE COUNTY ORDINANCE.
Applicant/Agent's Signature U Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
. ? .._..__ Mich
ce l S . f ooh ??
Mr?rrr?n?n ?G
Lake (Full Pond)
Full Pond
Shorellne
r &4990'
Ri ver Rte
?O{el.j?ard
Please approximately sketch the following Information o xthis plan
(please provide dimensions for each item, such as 10 ft. 100 ft):
1) All proposed vegetation clearing (provide dimensions)
3) L Locati on on of of rip rip rap rap or Till to be placed above the "Normal Pool e1eva 4
2) ocati or nil to be placed below the Normal Pool
4) The location of any proposed structures such as buildings, retaining
wails, docks, etc,
5) The location of any excavation or dridging below the "Normal 'Pool"
elevation.
6) Lncat.ion of construction access corridors,
5
THE SHORELINE LENGTH OF THIS LOT IS APPROXIMATELY RIVER
FEET. APPROXIMATELY 170L? R CKETWIL.L WILL HAVE BE 6-7 FEET IN
ROCK APPLIED TO IT. THE RI
HEIGHT.
.i .
ichad S. Goodwin _ --
hPo?n}/ Sher ourne
.. Court
136
-N5 project wi 0 be- done)
U4 a bore, .
tool aas
UNv
shows river rock- 11D beef in l"A)
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• ,' LOTS 136-138.140-145
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Copyright O 19882001 Microsoft Corp. and/or its suppliers. All rights reserved. http:dwww.microsofLcomJstreets
O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarkobng Data and Systems Ltd.
?!1i chacl _?_ _
Ri c,hae I S, GoodwM
5oAPo?nee -0 I43
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 ? 6 Y
Ph Duke
Power®
October 21, 2004
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Ms. Karoly:
Michael Goodwin, owner of lot 143, South Pointe subdivision,
Bluff Drive near Morganton, on Lake James in Burke County,
shoreline stabilization of his lake lot.
DUKE POWER
P.O. Box 1006
Chailotte, NC 28201-1006
located at 5082 Beech
would like to apply for
I have made a site visit to this 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.
incerely,
J. Wade Harmon
Lake Management Representative
www.dukepower.com