20031613 Ver 1_COMPLETE FILE_20031222

W A 7 Michael F. Easley, Governor
R
O?' QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
1
C/? r Alan W. Klimek, P.E., Director
j Division of Water Quality
0 Coleen H. Sullins, Deputy Director
Division of Water Quality
January 2, 2004
DWQ Project #: 03-1613
McDowell County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Steve M. Luttrell
Post Office Box 27
Iron Station, NC 28080
Subject Property: Black Forest Subdivision, Phase 1, Lot# 3
Dear Mr. Lutrell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.0017 acres of waters on Lake James for the purpose of
installing rip rap to stabilize approximately 38 feet of shoreline, as described within your application
dated December 18, 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 (USAGE). This letter shall also act as your approved
Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC.2B .0243. 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 and
Duke Power regulations and permits. Also, this approval will expire when the accompanying 404 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:
Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 2B .0243(5).
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)
Customer Service #: 1-877-623-6748
M
Page 2
Mr. Luttrell
January 2, 2004
2. Certificate of Completion
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.
If you do not accept any of theconditions 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 and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Attachments: Certificate of
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon, Permits Etc.
DWQ # 03-1613
Sincerely,
V__ _ e' •
DwQ COPt
Th-Ajwj?I aMiated 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 Applic opii a 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
1. Applicant Information
WETLANDS1401 `3ROUP
i 'fl DEC 22 2003
WATER QIJALIi't ?cE
1. Owner/Applicant
Mailing Address:
Telephone Number: 104 - 135 ' ! D0 (o 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: pF13M1TG FTG
Company Affiliation: St 1E HARMON
Mailing Address: P O BOX 234
BOILING SPRINGS. NC 28017
Telephone Number: U - ' d Fax Number: `1QU 3 ' X11 DD
E-mail Address:
3
11. 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
;4r-ve M . Ut frd I
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: MCIDOwe) ( Nearest Town: MQ,?Inn
Subdivision name or site address (include phase/lot number): I f 3
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):.Freim Ma.rinn -+a Ke_ "WW aal N/
2. Describe the existing land use or condition of the site at the time of this
application: V`Onf- t no 'ed. residenl-fitd IoP I04-
3. Property size (acres): -f ; 5U acres
4. Nearest body of water (stream/river/sound/ocean/lake): Lae, JC.emea
5. Describe the purpose of the proposed work: 4b heir) sfab i l i Ze Ay- shore,l i nv
and n rede.ni mo 5 t on
6. List the type of equipment to be used. to construct the project: A Large-, a,
hadl - b & nyid hand. 4MIS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, r/
etc.) below the normal pool lake level in square feet or acres: x ?$ I ?o SG. Fv
8. a. Amount of impact (including
retaining walls, etc.) above the no
square feet or acres:-. Kme
b. Please describe vegetation above the normal pool lake level and 50 f6et land-
ward to be impacted (number of trees for instance): No mtL`pMenf-
n ,- h«Pfer n rem K o +r" -s S Ul i l l he- rt /Sued
f'f?Il/?11FYI. h1' PPrmeI3. Jf, 260,3
App4eant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)
all clearing, back fill, excavation, rip-, rap.,-,
mal pool lake level and 50 feet land-ward ire=
S-e've ++M
, M. LL6
AA 3 / 131ad,?-'- ro IT 5?
Lake (Full Pond)
Full Pond
Shoreline
will be &S d -?vr t??s protect,
A
?Akewa r6
?' X 38 RI p row
Lo+ it 3
5?-?v? Lu.? red I
Ko e%uiprnerlf \N; Ll be asec1
i n +h" bu fFC'r CL(ea . ...
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 dredging below the *Normal Pool"
elevation.
6) Location of construction access corridors.
` '`he I j-h 0 slwre Ii re, on Ats
' Hof l 5 G?JfO ??i rn;G.m

LL(- p -Ve?,t? ,
A?DFo ?.I rnc? 3$ ?
-
.4 of +he, I
"
+h o F M's
105, Shord;ne, w.ll het.ve rip W O-pplied tD if.
-f?e- rip rq will bz, OLpp r0Xi ma,l-el in heiate",
j
?o ui?men? wi Il be, Used . i ru f4t, 6LFfer- oxm.
• SV1 LaRrel
-rvotion Fund 3 ? f31ac?C Fore5?
'38 8 Pg Fg. 710
Duke Energy Corporation
BIACKBEAR ACCESS AREA
' DS 518 Pg. 217 l rr 1? ???
Plot Book 5 Page 5D =eJ?, It pp?OX . 1
McDowell County Registry '
cP ? j AY'
E _ era
LAKF, JAMES
Lot 1 - „ ? fbXirr 'ely
13.678 Ac. Show 10?1 on O
ra p
LIZ - "" 3$e rip
?-- _ 5 >3 Z W L14 L40 05 to Eft t' r
hei hY o ip rap
Area _ C?! " 31.0 L75* Pr
9_661 W (
Lei. aO?t1.r r„P.) ?p?pprox.
100.
• ? / ?? A?vdh ? r ? y?.sa
/ry`t ()mil v ?160. c 20.$2, j? 1? ?Nr
f J / En.:rmmanta = Q c
Lot 2 3a.sz2S - -.a ??
.?, 16.537 Ac. l
b t?0 Oat
.41
L60 ZW/ '0 4t?
LAKE JAMES
J Lot 4
83 d? I /? / Trot / 9.863 Ac. -
V
7 Ac. fir, I ??/ 9,8? Ac. a "-I, 'n.
ataker .0 L 5 /'? / y ` lV/ _
4 /Cabin Bluff Drive 8 ," / ? ,
(50"R/W?.?.'ri?e Drive yy M? ?
C)
Cam`' 01, Lot 5 V v 1117
\ / !
,d C21 v« of / 5.384 Ac. S ah
3 ' 6 \ ?° j L62 ?
r
Jq. •r n 7S 31 ? 1
?. . 7j, •?e\ o ! ro eo ?? .s 7n.3Y Ems""' Lot 6
14 r w1a°`twuGb 8.486 Ac.
1 Po* or
N \ N "a _ x70 RAW Te End
at
7 3?'.?'?-?._.?? C 107
-04
1 \
y? V ?. ?? \ r0 / b
(f
)n
.bks
a 6j, Lot 7
Lot 8 `tea?o ?e\ 9.137 Ac.
77.21 8. 10.936 Ac. w
Are io `?\ \
1210 Cofttow This
\` \
N , Lot 9
J
+ ? 10.800 Ac • / .e5 , ? ?s> 5? ?., ? ??? ? a?
Marion area, North Carolina, United States revel Lixt4-cl )
U R K E
226 226
126
?t
Lot 3/ Black Forest
sgah Natlo Forest Marlon, NC 28752 d
LatWe 35.74208 a
Longib ide -81.97392
(221
Y
Shiflet
Fi / 126 T H
M C W E C O
---" 70
U
(70)
Marlon
1747
10011 221
Omi 2 4 6 8
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Steve Luttrell
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 % ?) - 5-- <3 -3?