20081405 Ver 1_More Info Received_20081009

September 11, 2008
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Ms. Cyndi Karoly
Parkview Building C) o -
2321 Crabtree Blvd
Raleigh, NC 27604\ A I
PLANNED: Permit for continued use of existine staging area
2 ®r R__ U T
0 C T 9 2008
DENk,
WETLANDS AND STORM WATER BRANCH
Application is being made to Duke Energy Carolinas, LLC for the required FERC permit to continue to use this
area as a Permanent Staging Area.
LOCATION: Marion, NC - McDowell County
Bennick Enterprises, LLC., owned by Todd Bennick, is seeking a license for the continued use of an existing staging area.
Duke Energy requires that we notify/request comments from their list of NC agencies in order to obtain this permit.
The existing staging area will be used for the loading and offloading of dirt and rock related to dock building and
shoreline stabilization. The site will also be used for building and/or removing docks to be floated to/from property
owners around the lake. By licensing this permanent staging area for continued operation, the number of disturbed
areas around the lake, for the purposes of construction, will be greatly reduced.
This staging area will only include construction activities associated with assembly of floating docks and loading and off-
loading of stabilization materials, which will create minimal and temporary adverse environmental impacts. This will
reduce the number of staging areas around the lake and will also protect the buffers around the lake by reducing
equipment operation by land. This existing area has little to no affect upon boating.
Included in this letter is a map to the area discussed above, as well as a survey of the staging area.
Because your comments are a requirement of the FERC application process, we ask that you advise us, by e-mail
([e-mail]) or return mail, of any comments you may have regarding this request, or any permits your
authority may require. We thank you in advance for your cooperation, and we appreciate your prompt response.
If you have need of additional information, please contact me by phone, 828-652-6219, or by e-mail at the address listed
above. Please respond within 45 days of this letter.
Sincerely,
vwwrx
Tammy L. Permit Manager
Bennick Enterprises, LLC.
If responding by certified mail instead of e-mail, please
direct all correspondence to:
Bennick Enterprises, LLC.
7836 Hwy 70 East
Nebo, NC 28761
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
Raleigh, NC 27699-1650
Owner/Applicant Information
DENk - WA i LR UUALI I
WETLANDS AND STORMAIATER BRMCH
I. Applicant Information
N
2.
Mailing Address: -73:31P I+wq w
Nelms kIC ay llpI
Telephone Number: 925?- b sq - I UDU Fax Number: Rot Y- /n sy-1061
E-mail Address: - 7i2 mrnu rifle-( QL-, 0 Q mail. Corr,
Agent Information (A signed
must be attached if the Agent 1
Name: n -A I J
Company Affiliation:]
Mailing Address:
_!_4 DO
0c, '9 2008
Telephone Number: 53'olS- lo5at- 02111 Fax Number: q I ri Wtpq - 2 37S
E-mail Address: -I-u nrn tiri heir qS 0a 1yui I . Corr,
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
and dated copy of the Agent Authorization letter
as signatory authority for the owner/applicant.)
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: I l L?V, P 1 Nearest Town: A axi ?
Subdivision name or site address (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): 4ha2 iOCl Ud Pd )
1. 2. Describe the existing land use or condition of the site at the time of this
application: P)QnoiLk C-eJer©n'ses is alreal„ u ion_ 4 c, cite.
4. Nearest body of water (stream/river/sound/ocean/lake): L o-ke. 32 rn -e S
5. Describe the purpose of the proposed
6. List the type of equipment to be used to construct the project: A/? _ n 0 , s`k?? ?'6 lti
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: nl l A
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-ward in
square feet or acres: NIA
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): NlA
Applicant/
(Agent's si
Signature Date
is valid only if an authorization letter from the applicant is provided.)
Property size (acres): , 4;,,
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I, Joshua B. White , a Professional Land
Surveyor, certify that this map was prepared from a
random traverse field survey made under my direction and
supervision; that the ratio of precision as calculated
exceeds 1: 10,000 ; that the boundaries not
surveyed are shown as broken lines plotted from
information shown hereon; that this plat was prepared in
accordance with G. S. 21-56 as amended. Witness my
original signature, license number and seal this 1 st
day of May , A.D., 2008
Certificate of Tyne of Survey
- That the survey is of another category, such as the
recombination of existing parcels, a court-ordered survey,
or other exception to the definition of subdivision.
- This survey is intended to show the lease li the
barge area. 7f
SURVEYOR
L- 4344
N.C. P.L.S. LICENSE NUMBER
i
580'29'18"W
5972.86 TLE
2 Nsj,
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NCGS GPS CONTROL r/F
o MONUMENT "PADDY"
N = 746711.18
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o E = 1135695.72
NCGS GPS CONTROL
MONUMENT "LONGTOWN"

LAKE N = 745840.50
E = 1137063
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LAKE JAMES ROAD (SR 1552
((18'-20' ASPHALT PAVEMENT
(50' R/W BY SIGNED AGREEMENT W NCDOT)
(25 EACH SIDE OF t ROAD I I
LEGEND
¦ REBAR FOUND (RBF)
O UNMARKED POINT
A NCGS GPS CONTROL
MONUMENT
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VICINITY MAP
No Scale ?• ••••• ?••??••?•
LINE BEARING DISTANCE
L1 S89'1 7'27"W 123.46'
L2 S70'38'59 "E 12.91'
L3 S33'48'52"E 34.62'
L4 S1 4'04'05"E 32.94'
L5 S07'08'59"E 66.81'
L6 S09'20'59"E 58.05'
L7 S10*23'41 "W 72.04'
L8 NOT USED -----
L9 NOT USED -----
L10 NOT USED -----
L11 NOT USED -----
L12 N12'11'55"W 20.69'
L13 535'26'53"E 45.63'
L14 S55'24'19"E 41.57'
L15 S65'45'27"E 54.17'
L15A S67'42'02"E 5.08'
L16 NOT USED -----
L17 NOT USED -----
L18 S48'54'40"E 41.81'
L19 S29'50'11"E 44.88'
L20 N36'12'40"W 54.46'
L21 S35'00'55"E 35.43'
L22 S85'43'47"E 39.71'
L23 N04'1 6'40"E 35.54'
L24 N13*31'06"W 51.95'
L25 S26'57'39"E 61.54'
L26 N35'01'41 "W 63.26'
L27 S34.20'51 "E 52.49'
L28 N29'21'21 "W 50.53'
L29 S25'06'42"E 48.47'
L30 N18'04'20"W 84.47'
L31 N05'04' 16"W 81.04'
L32 NO1'46'13"W 64.16'
L33 SOO'42'33"E 54.20'
L34 S04'1 6'40"W 16.36'
L35 S24'38'53"W 21.92'
L36 N56'35'43"W 46.90'
L37 S36'32'37"W 16.65'
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BARGE LEASE LIMITS
18241.7 SQ. FT.
(0.42 Ac.)
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Abernathy dl:
Associates, P
NOTE: Duke Power Company reserves the right, privilege,
and easement of backing, ponding, raising, flooding, or
diverting the waters of the Catawba River and its tributaries
in, over, upon, through or away from the said land up to the
contour at elevation 1210.0 feet above mean sea level, USGS
datum. See Deed Book 206 Page 870 McDowell County
Registry.
This is not intended to be a boundary survey. This is a
portion of property owned by Crescent Resources, LLC.
0 100 200 300
Scale: 1 "=100'
PROPERTY OF
CRESCENT RESOURCES, LLC
124 West Union Street
Morganton, NC 28655
Nebo Township, McDowell County, North Carolina
ABERNATHY & ASSOCIATES, P.C.
107-A MICA AVENUE
MORGANTON, N.C. 28655
DRAWN BY: KWFrye, PE SURVEYED BY: M. J. Lucas, PLS;
R. T. Brackett; and J. J. Thomas
Tax Map III: Map Date: CHECKED BY: J. White, PLS
1713 64 8902 05/01/2008