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HomeMy WebLinkAbout20031032 Ver 1_COMPLETE FILE_200308191NA Michael F. Easley, Governor Q O? QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Alan W. Klimek, P.E., Director Division of Water Quality i d Coleen H. Sullins, Deputy D rector Division of Water Quality August 22, 2003 DWQ Project #: 03-1032 McDowell County APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE Jennings Smith 342 Eplee Lane Marion, NC 28752 Subject Property: Lot# 64, The Arbor subdivision, Phase III Dear Mr. Smith: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.003 acres of waters on Lake James for the purpose of installing rip rap to stabilize approximately 76 feet of shoreline, as described within your application dated August 16, 2003. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment 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. 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. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions: 1. This project is for the installation of rip rap to prevent further erosion of the property due to wave action. 2. The use of mechanical equipment on the beach must be minimized. 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. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Page 2 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. 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 919-733-9646 or Alan Johnson of our Mooresville Regional Office at 704-663-1699. Sincerely, I? Klimek, P.E. 'Q, Director' Attachments: Certificate of GC 3373 JRD/bs cc: USACE Asheville Regulatory Field Office DWQ Asheville Regional Office File Copy Central Files Sue Harmon, Permits, Etc. DWQ # 03-1032 Date: August 22, 2003 401, I?ssuED DwQ Copj 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 03 Raleigh, NC 27699-1650 Applicant Information FILE COPY ''v N0M/Ill1V SJV# E00? 6 r onv "l0*/860113M Owner/Applicant Information Name: Mailing Address: ni Telephone Number: $- ?? " ?5q9 Fax Number: E-mail Address: 2. Agent Information (A signed and dated copy of the Agent Authorizatien letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: ppRMITS ETC Company Affiliation: St iF HARMON Mailing Address: P O BOX 234 Bouw SPRINGS NC 28017 Telephone Number:` 04 - 43 ` d Fax Number:'104 - 3 q ' 7 100 E-mail Address: A m i f-S Pf-c enrol i r, rr, CD171 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 3er?ni ngs SrnIA The- Arbor 5ubdivisioh 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: MGDowe-I I Nearest Town: Nebp Subdivision name or site address (include phase/lot number): T r rbor Lbf &4 M &s.-la Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): Frorn Marion +ake 14t,wU 16EI 2. Describe the existing land use or condition of the site at the time of this application: VQCan K mtcnded rc sie4mha l IcLKe Id 3. Property size (acres): •' a ?p QGreS 4. Nearest body of water (stream/river/sound/ocean/lake): Lake MEYES the purpose of rap Win be 3-4 *xf. 6. Liss the type of equipment to be used to construct the project: +rack hoe, and 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: of x 71" r, 1.5?2 -sa _. U 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-war:ln square feet or acres: + 4M b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): _ :L=s_ iy?l l 1 1 y 6rdi nay • d i s+ct rbeJ arect W M ( hav, Mud ch a.ppl Atp4ewnt?Agent's Signature (Date (Agent's signature is valid only if an authorization letter fr6m the applicant is provided.) Senni nos 5m i 4 L.C?t (94 111c, Arbor' SL.bd?"Stoll mo)owe l l Co Lake`(Full Pond)..' Full Pond +O 140', n len?? Shoreline pdads) C Lakewcrd of i r 4' X 1(v ` Clc rred - Above, Pond ?'K 50? Canst Pa+l,wwy 5Q' Landward [-o40 t 4 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. 3) The location of any excavation or dridging below the "Normal Pool" elevation. 6) Location of construction access corridors. (A IS apPo r Xi m fe.Jy 15( fP. lang a4- Ae. Shoredn.e- ? - o ji !en a of `1 c S S{1ord i ne will ha.v? On 1 1(Q -reed e j 4 rip rap a.pP ? ed- tD 1'+, `the . rip rap will be, 3 -Iv 4 f z-4-' ?w contour WIc" DAe Eaergy Project 5w-4erp. j-wOIrg5 srwf Lo+ (oq he, Arbor ov 20M M roods M tNs subdi?i?ior?'on Aveby dcdorc awkwana o(d sinus and .roods .,n irks ??; { = I U-t the rc*o" Y A the Arbor Nornm.?r?er s As s.l Control c«n.• Loke Jornes Properties, LLC 0 si. DB' 670. Pg.. 262 WE UW*X/bIWYVLR i (future Development) tt nbi- be- put I' n ?t p rc?.? W. ?` A' ?t raa may Ked ` eenwo nmen+td ." 1 ?` v - 69`4S 1 0.741 ocr 69 Lake James sot 'Controt. corner; ? J b L IM 0.79 16' 126' ?. L 137 L 148 N $p. 471 \Ft?'t? ?Sd° 1( N .} CA ; u 1 fir! 0.781 .O C. } .ter '' ;?? ?, ?• } rtn' 401 t.0 t v? tv 1 tm • E _ ?. - _ ! , _ 01641 acs 0 40 L. - ' :tea o ??` 61 t:.43?- L t ?i i. U °• ?° 0:701 oc.: L % Areo b.yond. - , ?,, , t tr by r t rrt 1 t i -fl at.. Powx' Flood _ .".' _ :' ? . 0:742'. oc.- ' " 1eurer+t .. 8roncn , i t , t 14 ??.. :. .?f).741 ''oc' 41 - ; :1:216 ac ; ,. o j5v .fib % t t ' C57• SI: - ? ? `-?? ? . 66 • X115-.: ? t j 64 i :r.' ??A } - 4',: ?? ..-:'~: •'• _?= `-..: •?'. ? : . _ t•. lam' _ T -. ' ' ?, ? ??.o•b!_rone.bs' ..• : •:i.508 .-oC.•• :-. ? ? 5 -• ` `r • 'yam ? ? - setbock sub to -.DLk 't Poar.r food, ® t ?„(? \ r Of- 4- Marion area, North Carolina, United States nmi n5 1 15 CopyrightO 1988-MM Microsoft Corp. and/or its suppliers. All rights reserved. Mtp:!/www.miausdtcom/streels 0 Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. 0 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities 0 Her Majesty the Queen in Right of Canada 0 Copyright 2000 by Conpusearch Micromadreting Data and Systems Ltd. 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 (s) Date 't /?- 0 ? Arbor Mc.Dowd l Jennings Smith