20041993 Ver 1_COMPLETE FILE_20041214

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 30, 2004
John V. Jokinen
207 Riverside Drive
Morganton, NC 28655
Subject Property:
Southe Pointe Subdivision, Phase 3, Lot# 216
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1993
Burke 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. Jokinen:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.011 acres of waters for the purpose of installing river rock to
stabilize approximately 247 feet of shoreline, as described within your application dated December 13,
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 213 .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 247 (feet)
Waters 0.011 (acres)
Buffers n/a (square ft.)
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: http://h2o.enr.state.nc.us/ncwetlands
No One
hCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
John V.Jokinen
Page 2 of 2
December 30, 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 Administrative 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,
( 4_0
Ala 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: 04-1993 John Jokinen (Burke) 401 CBR
b wq CoPy
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
1. Applicant Information
Owner/Applicant Information
Name:
0 00120 V
OD
MR. JOHN V. JOKINEN DEC
T4 nn n
Mailing Address: 207 RIVERSIDE DRIVE
MORGANTON, NC 28655 DS TERSCH
Telephone Number: _828-437-5173 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:
MRS. SUE HARMON
Company Affiliation:
Mailing Address
PERMITS, ETC.
_P.O. BOX 234
0,41993
FILE COFi'd

BOILING SPRINGS, NC 28017
Telephone Number: _704-434-0706_ Fax Number: _704-434-7100
E-mail Address
H. Project Information
[e-mail]
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.
I ?
Sohn V. I)Rinm
1. Location
County: BURKE Nearest Town: MORGANTON.
Subdivision name or site address (include phase/lot number):
_SOUTHPOINTE / PHASE 3 / LOT 216 (1514 BRAXTON GATE DR., MORGANTON, NC)_
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
SOUTHPOINTE DR./ LEFT ON PEMBROKE DR./ LEFT ON BRAXTON GATE DRIVE
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.
4
Property size (acres): - 0.91 ACRES
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 RIVER ROCK TO THE 247 FEET OF SHORELINE ON
THIS LOT. THE RIVER ROCK WILL BE APPROXIMATELY 5-6 FEET IN HEIGHT.
6. List the type of equipment to be used to construct the project: _A BARGE, A BACKHOE
AND HAND TOOLS
COUNTY ZONING ORDINANCE.
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 247 FT. = 494 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.
s
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 WILL BE REMOVED. THEY WILL BE
REPLACED USING THE GUIDELINES SET FORTH IN ARTICLE XII OF THE BURKE
Applicant/Agent's Signature' ° Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Toh n V .?c?l4 ?>e.r? _
Lake (Full Pond)
A barge, y?iIl be, a5ed for 1h1'5 Proimot.
Full Pond
Shorellne
please approximately sketch (ot? efollowing tm, sinformation on uch as 10 ft. xt10his 0 pftj
(please provide dimension (provide dimensions)
1) All proposed vegetation clearing (p eley'at 2 Location of rip rap or fill to be placed above the -Normal Pool" ele melon
3) Location of rip rap or nil to be placed below the Norm
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 fool"
elevation,
6) Location of construction access corridors,

"r >ne P1anrt?n8 $0ord Sohn V. JoK( nth
n of the PI o nrung Boarc Lot i
lr approved the FMwI P SouthPo 4e, / r
Phase on the d n a I n
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•J See MOP 3 for TY
neW Public and P
(See mop 3 for
L 319 216 1 b ?1'if .
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A 7
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Morganton area, NC John V. Jokinen / SouthPointe / Lot 216
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?n Y ?o?,? nen
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) v.
Date /2 - 4 :- 0 V

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6
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71
i
ft Duke
Power®
December 2, 2004
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Ms. Karoly:
DUKE POWER
P.O. Box 1006
Charlotte, NC 28201 -1006
Mr. John Jokinen owner of lot 216, SouthPointe subdivision, located at 1514 Braxton
Gate Drive near Morganton, on Lake James 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,
f-ja'ea
jade Harmon
Lake Management Representative
www. dukepower. com
DWQ# (/ t I ` Date Who Reviewed:
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? P e show all wetland impacts including fill slopes.on the site plan. C TA JA 5 OL'f Please indicate all buffer impacts on the site plan. Ac c 0 i )_V d
S f I ???
..f
? Please indicate proposed lot layout as overlays on the site plan. e W,' ?M
LAJ.
4W StA'o 1-C i
? Please indicate the location of the protected buffers as overlays on the site plan. VC1 ,vd w ` " g v ` 4
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State ash v rlays on the site plan. t(,4-
? Please provide cross section details showing the provisions for aquatic life passage. PSI s -
............ . t C,
VC 6-A
? Please locate any planned sewer lines on the site plan.
6C,. C L-A ( z ? -I
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided t
? The labeled as on .the plans does not appear to be necessary. Please eliminate the or provide additioial
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. . Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide
Mitigation
copies of the application, copies of the site plans and other supporting information.
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.