20021940 Ver 1_COMPLETE FILE_20021220

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January 3, 2003
Macon County
DWQ Project #: 02-1940
APPROVAL OF 401Quality Certification with ADDITIONAL CONDITIONS
Donald E. Libby
230 Buckland Run
Alpharetta, GA 30004
Dear Mr. Libby:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of waters
for the purpose of shoreline stabilization at Sam Passmore in District 13, Lot# 1 on Lake Nantahala as
you described in your application dated November 20, 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. 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. 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.
2. This project is for the installation of rip rap with geotextile to prevent further erosion of the
property due to wave action. The use of mechanical equipment on the beach must be
minimized.
3. 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.
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
AR
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
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
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,
JRD/bs
Attachments
Klimek, P.E.
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN N(
Nov
C ny- -
Please type or print and fill in all blanks. if information is not applicable, so indicate by placing N/.
L Applicant Information
Name O L L /BB,Y 1r'F_Tt?,r??? ?°
D NA ? A.
ETT?I
B. Mailing Address t =Z /dun/. ALPM)e
C. Telephone: 17 2 &61 3 11 7
-
II. Location of Proposed Project
Fit F.
A. Lake N A/V 7'4 H44 A ? i
B. Street Address 6-- 17-SNLF1? 4W9:
C. County M A CoV /VC Z 8 78 j - ?N/1NT/3/f/yt/? r WA)01P
D. City, town, community or landmark Top
E. Section Lot # Subdivision ?c" 4=,mo4?:. b?S?lt/cT (?
F. Directions to property by road DUPEG77oNS 1AJAS z Air lad" 6R&M
/9'/VQ,?E(r/S, N? 9?-?iE'?Y71 Fi2??11d1f H - -
G. Latitude and longitude for the project site _3X L247 - 8' 3 k 86-
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,
ii,,A, w.mansonus.com. Directions: Don't register, click "Maps", enter address, draw map, select "Map
Clicking Will...", select "Lat/L.ong", click map) /}L77 eft
III, Description of Project
A. Length of wall 4P TD AM /`AE_
B. Material _Gk-0-elTiL? LL' ? Rork I? p RRp
C. Distance from property line/shoreline Ng
IV. Intended Use of Project Area
A. Private -
B. Commercial
V. Applicant Signature Date / - 20 Z
PLEASE NOTE THE FOLLOWING:
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVF_ - ROOM 208,
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
ATTENTION: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786

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November 14, 2002
Mr. Don Libby
230 Buckland Run
Alpharetta, Ga.
Re: Shoreline Stabilization request
Mr. Libby:
Duke Power
526 South Church Street
1'.0. Box 1006
Charlotte, NC 28201-1006
I visited the property in question today, and agree that there is an erosion problem. I don't
have a problem with you stabilizing Duke Power Property, as long as all of the shoreline
management guidelines are followed. I will need to meet with your contractor before you
start work. You also must apply for the State and Federal permits. After you receive
those, work can begin.
Please have the contractor contact me at [phone]
D R. Most ler
Nantahala Area Lake Manager
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\NATF Michael F. Easley, Governor
William G. Ross Jr., Secretary
Off'` pG North Carolina Department of Environment and Natural Resources
C? ail j < Alan W. Klimek, P.E. Director
Division of Water Quality
O N?
Donald E. Libby
230 Buckland Run
Alpharetta GA 30004
Re: Application Return & request of fee
Dear Mr. Libby:
November 25, 2002
FILE GIU
OR
?..
F72 0
On 11/25/02, The N.C. Division of Water Quality received your application for 401 Water Quality
Certification for the purpose of shoreline stabilization on Lake Nantahala in Macon County.. Please note that
beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401
applications, as indicated on page two of the PCN application form. The fee for applications is $200 for projects
impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or
more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to review and process
your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water
Quality attached to your application.
Your application is being sent back to you. Please return with fee attached to the application.
Please call me at 919-733-3575 or visit our web site at http://h2o.enr.state.nc.us/ncwetlands if you have
any questions regarding this fee.
Sincerely,

Michael Horan
Environmental Tech.
Enclosure or Attachments: Application dated 11/25/02
CC
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
ASO
f42 U r,A
Customer Service
1 800 623-7748