20020227 Ver 1_COMPLETE FILE_20020213

?_''?pF W A TF9P
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
February 14, 2002
DW Q# 02-0227
Lincoln County
Mr. and Mrs. Robert Kellner
512 N. Church St.
Charlotte, NC, 28202
APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions
Dear Mr. and Mrs. Kellner:
You have our approval, in accordance with the attached conditions, to place fill in 0.03 acre of waters in order to stabilize the
shoreline on your property on Lake Norman in Lincoln County, as you described in your application received by the Division of Water
Quality on February 13, 2002, except as modified below. After reviewing your application, we have decided that this fill is covered by
General Water Quality Certification Number 3280, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetiands . This
Certification allows you to use Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for
the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you must
notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland
fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed
below:
1. This project is for the installation of a stone bulkhead to prevent further erosion of the property due to wave action. The use of
mechanical equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be taken to keep all equipment out of
the reservoir;
3. No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees
are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in
the protected buffer zone within the next growing season following construction of the project;
If you do not accept any of the conditions of this certification, 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 1508 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unlessoyou 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 Pete Colwell in DWQ's Mooresville Regional Office at 704-663-1699 or Cyndi Karoly at 919-733-9721.
Sincerely,
Gregory J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Mooresville DWQ Regional Office
Central Files
File Copy
020227
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
L iU`x? jJ
_VUKE POWER AKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name ",e -? x4le5 /enU he, r" Ai L &" e,? -
B. Mailing Address ?G {?/ U llll?e% i? . ?i rlr fe /VC 1: 3Y=
C. Telephone: d?F 7 -44-1ye-W
H. Location of Proposed Project
A. Lake ?o2/M Al,/
B. Street Address 210119 6-17eyey LQ nC ,
C. County
D. City, town, community or landmark DF?/y 60? N C
E. Section - Lot it 4e i 09 Subdivision -
F. Directions to property by road Hw c /lv -N - oei,ht - U111 f1/ Chwc?);9?d'- Lh%r cherry Cane,-.
G. Latitude and longitude for the project site 3t? • . / ff0• y4
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mapsonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/Long", click map)
HL Description of Project
A. Length of wall
B. Material Gj?v4? ,e? p /ZfYp 4 xl U e4e 51UNE &Vt V ,%7<- .
C. Distance from property line/shoreline `
IV. Intended Use of Project Area
A. Private
B. Commercial
V. Applicant Signature Date
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
/ L7,y MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVF- - ROOM 208,
7 ASHEVILLE, NC 28801-5006
• A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED -NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
- h, ATTENTION: JOHN DORNEY
,? r ` 11 rl PARK VIEW BLDG., 2321 CRAB TREE BL VD.
RALEIGH, NC 27604
919-733-1786
12/07/01 ssb
I 'r ,
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
1. Owner/Applicant Inf
Name:_WA1
Mailing Address:
C'7-
Telephone Number: 70V' 3-7 7- 5`1g1' Fax Number:
E-mail Address:
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:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
11. 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
?,?/
Eli-
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.
1. Location
County: Nearest Town: ?G
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
:Z&1117 Ch.Vry Game - Lois - X8-49 -
&vy n, -AJ- RrChf- Or& Ch?re k A/ Ov-r CA"ry Geth r:
2. Describe the existing land use or condition of the site at the time of this
application: PI"/ lre't" 60 Sz?t 4V-r/, YiV? cra:? amt ca Shave (,wv
it o'.,2 61_rk l / /2 12l-vte-e4
l ?
3. Property size (acres):
4. Nearest body of water (stream/river/sound/ocean/lake): !? /Le ?/v? rl1O7"'?
5. Describ=A-9f%-e- purpose of the proposed work: -nq P/Zc, 7-?T- LL-fF? yy A
tires ?G?Lv Sfzw e-e1 '7C- '
6. List the type of equipment to be used to construct the project. I?PbC e l _
6?n?ly -
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
GL's e F' aV e- _410-e - 4-eO 3,- t
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: 4C6e--4- tE !J `"" - 54114
/?X7_ AD ?i" /DPGSef If -
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number f trees for instance): OMA., /t-?Ilaw
1?4 , 4,4 CAP e?C 71?
11: IgVv,

Applicant//gent's Signa ure Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Shoreline
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EXrsnr7?j ?Lvrie
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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). 5 v,42n
2) Location of rip rap or fill to be placed above the Full Pond elevation -,ev"
3) Location of rip rap or fill to be placed below the Fuq Pond elevation
4) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the Full Pond t-? 04 -
elevation.
6) Location of construction access corridors.
IPIN
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