20031225 Ver 1_Complete File_20030106

\N A TF Michael F. Easley, Governor
0 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.; Director
,I Division of Water Quality
p N Coleen H. Sullins, Deputy Director
Division of Water Quality
October 14, 2003
DWQ Project #: 03-1225
Burke County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Mallory and Joan C. Green
5901 Westchester Street
Alexandria, VA 22310
Subject Property: South Pointe, Phase III, Lot 193
Dear Mr. & Ms. Green:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.03 acres of waters and 0.04 acres of protected riparian
buffers on Lake James for the purpose of constructing a Keystone wall and stairs to stabilize
approximately 300 feet of shoreline, as described within your application dated October 4, 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). 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:
1. 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
Page 2
Mr. & Ms. Green
Date: October 14, 2003
2. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicably
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 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 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.
Sincerely,
Klimek, P ,
Q, Directo
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
DWQ # 03-1225
Fit E CUP
The following is an abbreviated application form for those applying for a 401 Watet" !
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-refuadable application fee to the Division of Water Quality of $200.00 for
impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should sent to: 0 3 1 2,2C
A • 0o h h 6o r-r% ?J J
Diw on of Water Quality Wetlands Unit
232. i Gra6-w-et !3 I ? d • NETLANpS 1401 GRf}11F
Raleigh, NC 27"9c18'gA A760 y -Z L 64
OCT - 6 2003
1. Applicant Information
1.
A'ATER QUALITY SECTION
Owner/Applicant Information
Name: L.. a c??n C. G p h
Mailing Address: _ S9Q[ ( 120- sf . e 2ct?L v 5-t
,$/-Q-ker? Ar-ur' U IA ?ZR 10
..1r-) N' k
Q. Telephone Number: 703 Z Z - 6612 Fax Number: 7D 3 b ?b - 9 d_
?.a_ E-mail Address: r "N a ? Vi o NY\ (P C X ?n e-f
2. 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:
?C Company Affiliation:
,V Mailing Address:
-1(
EO P6 cl?o
Telephone Number: Fax Number:
E-mail Address:
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.
1. Location
County: B Cai2 CO:a,V?ky Nearest Town:")
Subdivision name or site address (include phase/lot number): Se
Directions to site please include road numbers, landmarks, etc. (This is not T i j
necessary if an adequate vicinity map is included):
From Interstate I-40 take exit 100 and go north. Turn left onto Highway 126. Go -
approximately 8 miles. Turn left into SouthPointe Entrance. Turn left onto Pembroke,
right onto Braxton Gate to end of cul de sac.
2. Describe the existing land use or condition of the site at the time of this
application:- Unimproved lot 193, Phase III of SouthPointe with badly undercut shoreliw
on the main channel. Bank height at highest point is approximately 7 feet above the
bottom of Lake James. We plan to minimize erosion with construction of a keystone
wall.
3. Property size (acres): 16 o. cr
4. Nearest body of water (stream/river/sound/ocean/lake): Lake, J M nes
5. Describe the purpose of the proposed work:
Stabilize shoreline and prevent future erosion of -our lot into Lake James.
6. List the type of equipment to be used to construct the
.. n 1 l 1-
7. Amount of impact (including all excavation, backfill, rip rap,- rrcUduin¢ walls,
-be ow the =ial.nnol )ake level in square feet or acres: Shoreline is 352 feet in length
The keystone wall vrauld:be aotuoximateV30
0 feet in length from the farthest most point of our lot along the main
geogrid channel to and nd ba ba ackfll outcropping in the cove. We would need to disturb a 6-foot strip along the shoreline in order to insdr, l
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-w d in
square feet or acres: e.XF?9rokiw.af? 6 Eoot?'? K? o L-ah be??v.0.
WO -rm- q-wcL d insfallai;oh
b. Please describe vegetation above the normal pool lake level and 50 feet land-
wadto be impacted (narnber of trees for instance): Burke nty counted 65 trees (6 inch
diameter or greater) in the 50 foot buffer- from the shoreline landward.-one of those trees has fallen into the crotc-
another tree is supported by tha tree and two other trees are leaning towards the lake
1 1211,--) /
t/Agent's Signature Vate
signature is valid only if an authorization letter from the applicant is provided.)
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Impact Description - Lake James North Carolina
Our lakefront lot is.96 acre. It is shaped like a fan. The fan handle is a strip of land 35
feet wide and 100 feet long to be the driveway from the cul-de-sac to the main pie shaped
part of the lot. The lot has a natural gradual slope which won't require grading for
equipment to drive from the cul-de-sac to the lake bottom via trail through the designated
pier zone.
Our lot deposits approximately 1,000 cubic feet of dirt and clay into Lake James annually
through natural bank erosion caused by wave action during high water periods of the
year. The lakeshore on the left side of our lot consists of a seven foot undercut dirt and
clay bank. The top of the bank is approximately two feet above the full pond level of 100
feet. The bottom of the bank is approximately one foot above the target low water level
of 94 feet. The left side of our lot is on the main lake channel with regular boat traffic.
The right side of our lot is on a cove. The cove most part of our lot has the least erosion
and we plan to leave it natural.
Keystone wall installation must be done during a period when the lake is at its lowest
level. A keystone wall requires dry gravel footer as part of installation. When the lake
level is low, our lot has 5 - 10 feet of exposed lake bottom that could be used as a
construction access area. It will be easy to access the staging area from the street and
easy to access the exposed lake bottom from the staging area without grading because our
lot has a gradual slope. Whether the installation is done from the beach or from a barge
approximately a 6-foot strip of shoreline must be impacted in order to install geogrid
support. Impact to the buffer area will be about the same whether done from dry lake
bottom or from a barge with a long reach. The lake bottom below the eroded bank is
hard clay top coated with sand and gravel. Equipment can work from this surface during
low water periods.
Sketch details include:
1. Proposed vegetation clearing
• 6' x 300' bank vegetation including approximately 2-7 trees with diameters over 6
inches to install wall tie backs called geogrid. The geogrid is installed five feet
behind the wall as a sheet after every two layers of block which is every 18
inches) Backfill includes two feet of gravel, soil cloth and 3 feet of fill dirt. Bank
vegetation impact to be minimized by doing work from the lake side of the bank
during low water period.
• 8' x 120' path winding around large trees through the 100' buffer area for
equipment access. (0-3 trees with diameters over 6 inches)
2. Location of rip rap above full pond.
• No rip rap will be placed above the full pond level
• The keystone will extend two feet above the full pond level, which is
approximately the recent high water level.
3. Location of rip rap to be placed below the full pond level
• A two foot wide and approximately two foot high strip of rip rap will be placed at
the bottom of the Keystone seawall to prevent foundation underwash
4. The location of any proposed structures such as buildings, retaining walls, docks, etc.
• See attached diagrams of dock and gazebo and lot drawing showing access area
5. Location of any excavation or dredging below the full pond elevation.
• Digging of a wall foundation footer approximately 18 inches deep, 2 feet wide,
and 300 feet long to be filled with gravel and Keystone blocks.
• Digging and filling behind the Keystone wall for approximate five feet for
installation of a geogrid tieback system including gravel, fill, and silt materials
barrier cloth
6. Location of construction access corridors
• The majority of the access corridor will use the future driveway and house site
• An 8' X 120' path winding around large trees will be used as an equipment access
corridor to the lake bed.

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Pie*** approzirnmidy sketch the following Wormetiion on thins play
(please provide dimensions for each Rem, such as 10 ft. x 100 ft):
1) AN proposed vegetation clearing (provide dimensions)
A Location of rip rap or fill to be placed above the Fug Pond elevation
3) Location of rip rap or fill to be placed below the full Pond elevation
4) The location of any proposed structures such as buildings, retaining
waft, docks, rte.
5) The location of any excavation or dridging below the Fug Pond
elevation.
3) Location of construction access cor idom.