20021359 Ver 1_COMPLETE FILE_20020823

\o?oF W AT X19
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
September 6, 2002
Burke County
DWQ Project #: 02-1359
Approval of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
Ronald W. Darab
3600 Sagamore Drive
Greensboro, NC 27410
Dear Mr. Darab:
You have our approval, in accordance with the attached conditions, to impact 100 square feet of
waters for the purpose of shoreline stabilization at South Pointe, Phase 5, Lot # 36 on Lake James as
you described in your application dated August 21, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3373, which'may be
viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification allows you to use
General Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid
for the Catawba River buffer rules (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. This approval will expire when the accompanying 404 or CAMA 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
except as modified below. 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. 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) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. Stormwater shall be directed as diffuse flow at non-erosive velocities across the entire
protected stream buffers
2. 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, at least two species of native 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;
3. This project is for the installation of riprap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;

N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands
4. 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;
5. Any disturbance within 50 feet of the shoreline must be done in compliance with the Catawba
River buffer rules;
6. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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 150B 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 unless you 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 John Dorney at 919-733-1786 or Mike Parker at
our Asheville Regional Office at 828-251-6208.
Sincerely,
Attachments
kk, P.E., D' e c t o r
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits, Etc.
W?
bwQ
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
021359

Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address:
r

All AM 23W
to
Telephone Number: 331, I5` 49 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: FERMI 15, t 1 V•
Mailing Address: SUEHARMON
P.O. BUX 234
BOILINU S11HINGS, NC 28017
Telephone Number: rJ0q- g3q -VIy4, Fax Number: JL)q - q34 " ?! UO
E-mail Address: ?r l?t ?"5 r- rod i no , rr?c_om
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
PAVI F NIT
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.
Location
County: _?l Nearest Town: h
Subdivision name or site address (include phase/lot numbed: Sn?? ?Oi nfe, rNY 5)1, 36,
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
J /T
2. Describe the e isting land use or condition of the site at the time of this
application: riyafe,, res(denf al wccded vacani Idr
3. Property size (acres): 0 g 5 0 C rt° 5
4. Nearest body of water (stream/river/sound/ocean/lake): UtKe: Ta rn e.5
5. Describe the purpose of the
osed work: Yo cnS u.ry ? )g f 41it, shv rely n e, is
C?
6. List the type of equipment to be used to construct the project: -J'rOC le hn z (In
Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
' X 1?6 = I ()n _,?O , F?
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: ?j X SO -t X so r
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): There 1,0 60ME
o r d i i Banc-;. Tfv,- di5?t.trb ed area Wi 1 I 4-he.1) ?O Ve. rf\U16) aPPI fed'ty i f,
A ant/Agent's Signature v DaW
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)
'?Omjcl W, Darab
Full Pond
Shoreline
'7 C f eared'
Pf r erg
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft):
1) AJI proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool" elevation
3) Location of rip rap or rill to be placed below the "Normal Pool" elevation
d) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
.red /4rect
)Ove, Pond
Lp-)-19441 0- Shore') i I, e, i 5 ?7
le r1? h gprck i
Lake ond)
?. x 4) cl?/
50' n ?eh?J? it L-Lkeuvar4
;? i2rp ? R???'
To: North Carolina Division of Water Quality
I give Sue Harmon permission to sign as my agent on my application for shoreline
stabilization.
Signature
Date
Hug Op Op 05:2910 336-668-2267 F.3
- - JvvyC opplles to Maps 1 thru 4 ^ LL \,
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Southpointe Phase 5 po
ii 31; See Map 1 of 4
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5 86. 401 54' W
1peI to p!,ase 5 ?,.
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1 30 w S4tbock Linea \
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'NO 0.95 acres 1,59 acres
09 ce ked P,o:n t j 29 G6As?
Set 39
L184 x $ a Ny \ s ;?
'ebor Set in Ccrcrete tt,r? 37 o+ o \ \
L186 U
_ 1,60 acres
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0, 66 acres
0.66 acres
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L201 1210 Contcn
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ale L200 (^ B3' Sob
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P2 381 L214 L21' -"""
N 86. 50 59' E -N 62' 22' C1" o
63.86' 56 07'
i4 cke James
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LEGEND
*.'I in 2000'
L re tify to l,tle or o%nership.
ul(ed .n the preporalion of this plat
elation of record as noted hereon.
Settlers. See Wop 4 of 4 Southpointe -
a I')' Front and c 5' Sldellne jtllity,
of ,.r-., I,, ch- ,n Cti?eln w ...w
rs Cc:
t, N
Lot Line
HOPE Storm Orcin (Typ)
rn n . -
-iazald Da]-ab
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Ron Darab