20021554 Ver 1_COMPLETE FILE_20020926

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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
March 14, 2003
McDowell County
DWQ Project #: 02-1554
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
David S. Fuller
406 Old Clear Road
Marion, NC 28752
Dear Mr. Fuller:

You have our approval, in accordance with the attached conditions, to impact 0.005 acres of waters
in order to construct a rip-rap seawall for the purpose of shoreline stabilization at The Arbor, Phase IV,
Lot # 98 on Lake James as you described in your application dated September 24, 2002, and in
additional correspondence received March 14, 2003. 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 LAMA permit expires
unless otherwise specified in the General Certification. This Certification replaces the one issued
to you on September 30, 2003.
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 to 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;

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), (hftpJ/h2o.enr.state.nc.us/ncwetlands
3. This project is for the installation of a wooden seawall to prevent further erosion of the
property due to wave action. The use of mechanical equipment on the beach must be
minimized;
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,*Iuded 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
P. imek, P.E , Director
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits, Etc.

Pewu.Lts, Etc.
P.O. Box 234
Boiling Springs, NC 28017
704-434-0706 704-434-7100 Fax
March 12, 2003 N01103S AIIIVn0 831dM
Mr. Todd St. John cool f j adw
NC Division of Water Quality
2321 Crabtree Boulevard dn0a9 * 1 SGN013M
Raleigh, NC 27604
Dear Mr. St. John:
My client, David Fuller, was granted permission by your agency, to construct a 121 foot
wooden seawall on his property on Lake James. He owns lot 98 at The Arbor. He has
not had his wooden wall constructed, and would like instead to receive approval to apply
rip rap to the 121 foot shoreline. The rip rap would be approximately 1 '/Z to 2 feet in
height. This would make a minimal modification to the impact area.
Mr. Fuller's DWQ Project is 02-1554.
We have applied to the US Army Corps of Engineers for this new request.
Thank you for your consideration of this matter. Please let me know if you need any
additional information.
Sincerely,
Q?ux. ?c??rn.FTyv
Sue Hannon
G%-e5l
J?y' 1
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September 30, 2002
McDowell County
DWQ Project #: 02-1»4
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
David S. Fuller
406 Old Clear Road
Marion, NC 28752
Dear Mr. Fuller:
You have our approval, in accordance with the attached conditions, to impact 0.005 acres of waters
for the purpose of shoreline stabilization at The Arbor, Phase IV, Lot # 98 on Lake James as you
described in your application dated September 24, 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 CAM 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 to 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 a wooden seawall to prevent further erosion of the
property due to wave action. The use of mechanical equipment on the beach must be
minimized;
AMA-
Rmflqg
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
I
Micnael F. Easley, uovernv
William G. Ross Jr , Secreta
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., DireCt__r
Division of Water Qua! c

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
Carolina Gene?alsStaotutes to the 'send
a written petition, which conforms to Chapter 150B of the North
N.C. 27611-7447. This certification and
Office of Administrative Hearings, P.O. Box 27447, Raleigh,
its conditions are final and binding unless you ask for a hearing. ion 401
the This letter completes the review of the Division of Water Quality under nder733 Sect1786 or Mike Parke l an at
Water Act. If you have any questions, please telephone John Dorney a
our Asheville Regional Office at 828-251-6208.
Sincerely,
pl.Klilme , .E., Direct
Attachments
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central File
Sue Harmon, Permits, Etc.
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Lake Ja
David S. Fuller

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To: North Carolina Division of Water Quehty
I give Sue Harmon of Peridrs, Etc. permis8ion to sign as MY agent Ou MY
application far shoreline stabilization,
Sipature -?-?-?
Date
0F
WATL-
O 9oG
r
> y
O '<
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 30, 2002
McDowell County
DWQ Project #: 02-1554
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
David S. Fuller
406 Old Clear Road
Marion, NC 28752
Dear Mr. Fuller:
You have our approval, in accordance with the attached conditions, to impact 0.005 acres of waters
for the purpose of shoreline stabilization at The Arbor, Phase IV, Lot # 98 on Lake James as you
described in your application dated September 24, 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 httL://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 to 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 a wooden seawall 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
1iiP,P. .,Direct
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File, copy
Central Files
Sue Harmon, Permits, Etc.

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 U 1;
1650 Mail Service Center SEP 2 6 ? E
Raleigh, NC 27699-1650
Applicant Information
Owner/Applicant Information
Name:
Mailing Address:
Telephone Number:, - A - 4 RO 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: ETC.
Company Affiliation: PERMITS, SUEHARMON
Mailing Address: P.O. BGX 284
G1 1NG-SPRINGS AJG _280117
Telephone Number: 10 - 434 - snot, Fax Number: 70q "x.34 - 11 d0
E-mail Address: permi f5 car0I i nra , rr, Cohn.
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.
Location
County: Mc [1)LI!el i Nearest Town: N e IJO
Subdivision name or site address (include phase/lot number): The Arbor, IPhu5e Z Lcf 9?
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity ma is included): Fr &m Nja riot), Hij,, U 7C L
Lp-ff on C-'eme-fenj Ed I e-Ff or) _ o -s - LaVe_ /'f Heij?hf-s Dr/ F+- cn
2. Describe the existing land use or condition of the site at the time of this
application: \(Czcan4-tt.jocded re?idenfi'aI ICKe lob
3. Property size (acres): Q.Cre5
4. Nearest body of water (stream/river/sound/ocean/lake): La.lle, •1 amp
Describe the purpose of the proposed work:
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
Ill' X-11 __ AN91 56 Pf
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool la a level and 50 feet land-ward in
square feet or acres:
</i TT
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): Uhl e free, W i 11 need fU
re.moVeJ. ?f tI)jJt be- r rd i
c rd i r\,cw.c)ce.,5 . -fhe a *-r_f eel, arecL w i I I b I e?R- 1 n a ha. feral s

Ap timnt/Agent's Signature 'Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
List the type of equipment to be used to construct the project: E?A.Ckhae and
hCi n ADD 15
Nv d I'u l li: r
L_Ot q S
i he Pf b o r
Lake (Full Pond)
arc)
rkrrV'VI4R 'n SeLIW4- II
g
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)
.2) Location of rip rap or fill to be placed above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the "Normal Pool" elevation
d) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
3) The location of any excavation or dredging below the "Normal Pool"
elevation.
6) Location of construction access corridors.
WCCd en ( I 15 a.pp
nd I 'k
a
Ad
Full Pond
Shoreline
N.C. DIVISION WATER QUALITY
SEPTEMBER 17, 2002
I DAVID S. FULLER AUTHORIZE MRS. SUE HARMON TO ACT AS MY AGENT
FOR SHORELINE STABILIZATION PERMIT AT LAKE JAMES (LOT 98 ARBOR
DEVELOPMENT).
DAVID S. FULLER
David S. Fuller

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