20030453 Ver 1_COMPLETE FILE_20030414

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6 r
> y
May 1, 2003
McDowell County
DWQ Project #: 03-0453
Approval Of 401 Quality Certification with
Additional Conditions and Catawba River Buffer Rules
C. Daniel & Carolyn B. Gurley
101 Cannon Woods Drive
Marin, NC 28752
Dear Mr. & Ms. Gurley:
You have our approval, in accordance with the attached conditions, to impact 0.0037 acres of
waters and 0.0018 acres of buffers for the purpose of shoreline stabilization at The Arbor, Phase III,
Lot 54 on Lake James as you described in your application dated April 11, 2003. After reviewing your
application, we have decided that this fill is covered by Nationwide Water Quality Certification
Number 3373, which may be viewed on our website at httn://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 211.0506 (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 rip rap 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), (hftpJ/h2o.enr.state.ne.us/ncwetlands
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
4%
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,
JRD/bs
Attachments
r.KJI Director
cc: Corps of Engineers Asheville Field Office
Asheville DWQ Regional Office
File copy
Central Files
Sue Harmon, Permits Etc.
alt F Con!
4r-. -11
DwR Npy
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 Applicatiiou 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
Applicant Information
401 ISSUED., ?YE
2003
APR 14 0 40-)
QbALITYS
CTION
Owner/Applicant Information ?
Name: C drlie,? ?.1"1)bUn CTtu'lelI
Mailing Address: 101 Q.nnon Wood-, Dr,
Mr 1r S'15?1
Telephone Number: XaS- s5 A929 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 authorit for the owner/applicant.)
Name: PERMITS TC.
Company Affiliation: SUE HARMON
Mailing Address: P.O. B 234
BOILING SPRINGS, NQ 2bU17
Telephone Number: J04 - 4 34- 0 7p_? Fax Number: 11)4- 434-7)6D
E-mail Address:
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
C. Daniel i arol4n b. Gurig
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
Ne60
County: MG'Dowd l Nearest Town:
Subdivision name or site address (include phase/lot number): II)e Arbor Phan t 54
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity jnap is included): from IVIorC1( DbA +C,1Ce 14LO4 -16E/
2. Describe the existing land use or condition of the site at the time of this
application: VdCQ.rt4; WoodP,CI rLSldenhal 1QKe lob'
3. Property size (acres): b 1 ID OJ-re,
1
4. Nearest body of water (stream/river/sound/ocean/lake): Lat JA-Me-
5. Describe the purpose of the proposed work: 'b helQ Sh-bi li2z +hp-/ Shore,6e)
6. List the type of equipment to be used to construct the project: &b caE and
hand ?
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: • X W ? 1leb ?t -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: 5 AD Sr X .90
_ e7ti„
All-
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No +'W Wi 1l need fo be,
J A-. „f • !^ __ L^,,,J „ ,-?,. . r; 11 hn,re M l l i r k A n h I;orI +M N-.
Afp4e*fdAgent's Signature Date
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)
C. Did &olqn B. eurlq
L O+ 5q - T?e Arbor
Lake (Full Pond)

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
4) 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.
Lc-t 54 has apprxi nra&ly a43 -fe+ oT shoreline),
(9n1go -fee.{' W l( have r4p rap app tied to i?.
1-N, ri p rip Vq ! l be 3-4 - k he.i9h. -
Full Pond
Shoreline
LaKewct' rd
,niel Csu r ley
Arbor
l.1tBv? •os. o?.
c u? W
???2 ? F $ Ltt6
123
Building AA
Setback°A
N Lines \ ??S °e,
Iw L1t1
I,
5 a I p ?,',? B.oo ??? NO 108 e°G,7 A,
6 `2 a I II u / / °o, o//
t a) „ 1.123 ac. • ; / _ ?' y?0
4-0
Z NI?IN O nj/ i / O? 2
00,0,
:o I e?/ i ?p vim; ?/ry <v.'' ?'p 0.)°
4'? .?./•'
u, ,`; I , / ?! ? ?' wry/ ."o?' ;?••• 4706
103 d,vk - ?V
' 0.953 ac. ll i oo' °°°- °J?
41 cc. ' ll //0.863 oc/' /°
0.927 ac:;
57 V,
o •:?? ; ,',' o / / //,/0.944 ac.
o 56 '' 0 854 ac .?' 0 702 ac `

VC.

-
-- 0.623 ac.
--Cs
"
:
' (D
s-
S EDGE DRIVE
Way - PRIVATE ROAD) c52 j
- ?,
50
O51 ,E
?•
,'o?'
N By 37' 46
?•' 9 ??' __------ I
:.. .. 086
0.646 ac.
33
,
Total

_.. - -
-
37_ 46" W 294-
•__ --
931
144
S
8 r

rn
> .
00' -
;
150
I Ln .
I 0.674 ac.
51 I -'
J
I co t 293.26' !Total
i N BY 37 46" E
00' 143.26'r
150.
0.682 ac.
P / ?
Ip 50 J
v W 304.02 iTotal
S 83. 37' 46-
tile
154.02';
150.00'

49 •
Map 1 of 2
Phase III
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 ?, ?i
Date A/- -/-- -'q 'F
N+S gw
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