20060429 Ver 1_COMPLETE FILE_20060317

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
April 18, 2006
Ralph Splawn
Splawn Meyer, LLC
4559 Chesnee Road
Rutherfordton, NC 28139
Subject Property: Sunset Point / Section I / Lot #17
Big Tree Way, Marion, NC 28752
DWQ Project # 06-0429
McDowell County
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. -Splawn:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 437 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on March 17, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3492 (GC3492). The Certification(s) allows you to use
Permit(s) NW30 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, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose 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. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
N. This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
19
?.? ' AN ? ?, 2007
i,w gait vvAtFc1a`?T' ;CH
c ?cn alu: one
Caroliy
401 Wetlands Certification Unit N.6thCarolina
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone]/ Internet: www.ncwaterouality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper

Certification of Completion
DWQ Project No.: 0 ? -0 q a 9 County: /Y) C Ia o c, z. - (-
Applicant: "LA-5?z 1 /a 14-
Project Name:S ccT / 4r 7-17 9,S7-,L yV-
Date of Issuance of Isolated Wetland Permit:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I , A1JP-l sO-. .1,2 "- "I hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date: ?- o
Agent's Certification
I hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Dai.;:
If this project was designed by a Certified Professional
I , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe
(periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the construction was
observed to be built within.substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
CZ''
Ralph Splawn
Splawn Meyer, LLC
4559 Chesnee Road
Rutherfordton, NC 28139
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
April 18, 2006
DWQ Project # 06-0429
McDowell County
Subject Property: Sunset Point / Section I / Lot #17
Big Tree Way, Marion, NC 28752
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Splawn:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 437 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on March 17, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3492 (GC3492). The Certification(s) allows you to use
Permit(s) NW30 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, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose 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. If total fills
for this project (now or in the future) exceed one acre of wetland or 150 linear feet of
stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506
(h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone] / Internet: vvwv?.ncvvaterciualitv.ora
NonrthCarolina
JVat mdk
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Splawn Meyer, LLC
Page 2 of 5
April 18, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
A roved Units Plan Location or Reference
Shoreline 437 linear feet A
2. Erosion & Sediment Control Practices
maintenance of such Best
waters standards:
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
Management Practices in order to protect surface
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures And implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Splawn Meyer, LLC
Page 3 of 5
April 18, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. 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.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
Splawn Meyer, LLC
Page 4 of 5
April 18, 2006
9. Catawba Buffer Tree Protection
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, 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. .
10. Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank.
Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in
.these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
12. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
Splawn Meyer, LLC
Page 5 of 5
April 18, 2006
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, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. 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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at either Kevin. Barnett(cr-ncmail.net or at 828-296-4657.
Sincerely,
AWK/khb
Alan W. Klimek, P.E., Director
Division of Water Quality
Enclosures: GC 3492
Certificate of Completion
Guidelines for Riparian Buffer Restoration
cc: Mrs. Sue Harmon
Permits Etc.
Post Office Box 234
Boiling Springs, NC 28017
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
E P. (,r-: -,-% R 0 W 29
APR 2 4 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
Filename: 06-0429.SplawnMeyerLLC.WQ3492.Approval
find Wetland Project
ecis_ ; Mdtgations ' Fe11ps AmliaUons Events nspectlons Comments History-
Project Number ;2-0060429 Version I Status: 'Issued Last ActionDesc: Prolectissued
'Project Name: Spiawn•MeyerLLC Lot 17 .! 'ProjectType: 13horeline Stabilisation (sills np rap)!
Project Desc: `shoreline stabitizatiun
'Owner Splawn Ralph E Details.
'Received From: Applicant COE ID: 'Primary County j
DOTTIP:: 'AdminRegian: Asheville
ReceivedDt OM 7J2006
Reviewer kevlnbarnett
Issued Dt j-O BJ2006
'SecondaryCOUnty
StatutoryDt ;05116f2006 --
L _CAMA NEPAL SEPA Received Dt -- , _ -. _- ---
DCM Office: SW Plan Received Dt
COE Office: levilis RegulatoryFleld Olrice? v l SW Plan Approved Di Iy Public Notice Published Dt
- -
Last Updated By., ilaurle Jennison SW Plan Location: F ` Public Notice Received Dt
Last Updated On. 0 312 012 00 6 Sewage Disposal' -` P.N. Comment Period Ends Dt
-Back F_ f Close -- -- --
;Ready Page 111; SID: WPD7
Triage Check List
Date: 3/20/06
Project Name: Splawn-Meyer LLC
DWQ #:06-0429
County: McDowell
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 3/17/06 to 5/15/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
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
L Applicant Information
Owner/Applicant Information
Name:
SPLAWN-MEYER, LLC
Mailing Address:
Telephone Number:
E-mail Address:
MR RALPH SPLAWN
4559 CHESNEE ROAD
RUTIiERFORDTON, NC 28139
828-863-2722 Fax Number:
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:
MRS. SUE HARMON.
Company Affiliation: PERMITS, ETC.
Mailing Address:
POST OFFICE BOX 234
BOILING SPRINGS, NC 28017.
Telephone Number: 704-434-0706 Fax Number: 704-434-7100
E-mail Address: [e-mail]
IL 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.
i 0 4 c
R1Rk_L5g0Wfflp
D
MAR 1 7 2006
DENR - WATER QUALITY
WETlMAND STOMWATER BRANCH
SPLAWN-&ffffA LLC
Location
County: MCDOWELL Nearest Town:
Subdivision name or site address (include phase/lot number): SUNSET POINT / SECTION 1 /
LOT #17 (BIG TREE WAY, MARION, NC 28752)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221 N / TL ON HANKINS RD. / TL
ON LAKE JAMES RD. / TR ON SUNSET POINT PARKWAY / TL ON BIG TREE WAY.
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT
Property size (acres): 1.36 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE 437' OF ERODING BANK
ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. THE HEIGHT OF THE
RIPRAP WILL BE 6 TO 8 FEET. THERE WILL BE SLOPING OF THE BANK TO ALLOW
THE RIPRAP TO HOLD.
6.
7.
8.a.
List the type of equipment to be used to construct the project: A TRACKHOE AND HAND
TOOLS
Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 437 FT. = 874 SQUARE FEET
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:
10 FT. X 437 FT. + 8 FT. X 50 FT. (construction pathway) =
41370 SQ. FT. + 400 SQ. FT. = 4,770 SQUARE FEET
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): TWO TREES GREATER THAN 6" IN DIAMETER, AND
11 TREES, 3" - 6" IN DIAMETER, WILL BE REMOVED. THEY WILL BE REPLACED
AS STATED IN THE GUIDELINES OF MCDOWELL COUNTY'S SHORELINE
PROTECTION ORDINANCE. UNDERGROWTH WILL ALSO BE REMOVED. THE
Applicant/Agent's Signature U I Late
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
MARION
SLOPED AREA ABOVE THE RIPRAP WILL BE HYDRO-SEEDED WITH LOVE GRASS.
Splawn - me?Ier. LLG
Sns ei N1 4 AL-411,-
r?nn ?,c ??375a
Lake (Full Pond)
Full Pond
Shoreline
wet'L' ,rd 31 iii r
10? X X31'- Cleared
Above. Cu I I Poo
Consk?? ? -
Ritl U
($' widc50 ?nj?
5o' loMoard
Splawn - Il'1e rJ) LLG
J-OVA? 1`I --
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 till to be placed above the MNormal Pool" elevation
3) Location of rip rap or fill to best structures such as buildings, retainingion
4) The location of any proposed
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal 'Pool"
elevation.
6) Location of construction access corridors.
Y
Wi he,
LLC
:5unse? Po i r,? 5cc"i on I ILof P7
Karion, N,C M51
THIS SURVEY IS LOCATED IN A PORTION OF MCDOWELL
UNREGULATED AS TO AN ORDINANCE THAT REGULATES .
.WITNESS MY HAND AND SEAL-
scale.: ' I 150
LAKE JAMES IMP
0 L133 L13`
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L38 N04'46'39"W 54.44
L39 N21'45.17:W 65.08
L40 N10'34 00 W 54.32
L41 S47'50'56"W 64.34:
'
L42 S20'19'04"W 12.17
L43 S76'29'12W 23.30

L44
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14.74'
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L45 S66'45'22"W 33.88:
'
L46 S68'15'06"W 60.28
L47 N85-18 58
W 19-80:
'
L48 584'04'18"W
: 18.27
L49 S71 '30'30"W 15.51

L50
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15.43'
:
L51 N83'57'20'W 19.35

L52
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50.00'
:
L53 N55'1 8'58"W 33.63'
L54 N43'51'39"W 29.55'
'
L55 N32'1 2'55"W 33.12
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L56 N72' 1'040W 29.41
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(N
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L93
L94
S16 43 37 E •
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111
10
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L51
L95 N54652'07"W 28.11:
' L50 N01'40'E 315.02'
L96 N79'33'130"W 53.28

L97
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33.22 O
11
L98 N06'13 32 W
"
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L100 W
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L102
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L104 ,
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L105 N45'00'90"W
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L107 21E
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S54 38.25
L108
L109 S15'54'42`E
S42'26'50"E 18.88'
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L110 N89'34'060E 19.88'
1-111 N74'31'15"E 28.38'
L112 S70'46'32"E 23.21'
'
L113 S25'20'58'E 39.10
L114 S11'11'157W 25.44; L143 S33'02'36"W 53.44'
Marion, North Carolina, United States
12371 1238
(1661)
geh NitQonal 1 126,
Lon
1662 Sunset Point/ Sect lJ Lot 17
Marion, NC 23752
Latitude 35.74351
Longtide -81.94276 126
1662
(1688 1648
0 rni 0.5 1 1.5 2 2.5
Copyright O 1988.2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:/twww.microwftcom/streets
O Copyrght 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities O Her Majesty the Queen in Right of Canada. O Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.
50ainn-Metier. LLC
` ec?'or 1?1?
ion. N C OMEJ
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 .7 _- /= a
SpIcLwn- Meyer, L.LG
Sunset Point
Section 1 / Lot 17
x
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1400443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name SPLAWN-MEYER, LLC (cto RALPH E. SPLAWN)
B. Mailing Address 4559 CHESNEE ROAD, RUTHERFORDTON, NC 28139,
C. Telephone:-828-863-2722,
IL Location of Proposed Project
A. Lake LAKE JAMES
B. Street Address BIG TREE WAY
C. County MCDOWELL
D. City, town, community or landmark MARION
E. Section _1_ Lot # 17 Subdivision -SUNSET POINT
F. Directions to property by road FROM MARION TAKE HWY 221 N/ LEFT ON HANKINS RD/
LEFT ON LAKE JAMES RD/ RIGHT ON SUNSET POINT PARKWAY/ LEFT ON BIG TREE
WAY TO LOT #17
G. Latitude and longitude for the project site LATITUDE 35.74951 LONGITUDE -81.94276_
It Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude) longitude coordinates can be found on internet site,
www.maasonus.com.
III. Description of Project
A. Length of wall-APPROXIMATELY 437 LINEAR FEET
B. Material RIPRAP
C. Distance from property line/shoreline WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A Private YES
B. Commercial
V. Applicant Signature Date
766, Fa: 0 -7100
Agent SigosLure Phone 7 4
FJVr>t;t.?A? ?•
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: USARMY CORPS OFENGINEERS,151 PAITONAVE -ROOM 208,
ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION :1 O SN D O R NE Y
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
02/27/06ssb

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:
r r.
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information p[2 (r-:?, m o w D
1. Owner/Applicant Information MAR 1 7 2006
Name: SPLAWN-MEYE11, LLC
• DS AND STORMWATER BRANCH
MR. RALPH SPLAWN
Mailing Address: 4559 CHESNEE ROAD
RUTHERFORDTON, NC 28139
Telephone Number: 828-863-2722 Fax Number:
E-mail Address:
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: MRS. SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 704-434-0706 Fax Number: 704-434-7100
E-mail Address: [e-mail]
IL 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.
SPLAWN-MEYER, LLC
Location
County: MCDOWELL Nearest Town:
Subdivision name or site address (include phase/lot number): SUNSET POINT / SECTION 1 /
LOT #17 (BIG TREE WAY, MARION, NC 28752)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221 N / TL ON HANKINS RD. / TL
ON LAKE JAMES RD. / TR ON SUNSET POINT PARKWAY / TL ON BIG TREE WAY
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT
3. Property size (acres): 1.36 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
Describe the purpose of the proposed work: TO STABILIZE 437' OF ERODING BANK
ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. THE HEIGHT OF THE
RIPRAP WILL BE 6 TO 8 FEET. THERE WILL BE SLOPING OF THE BANK TO ALLOW
THE RIPRAP TO HOLD.
6.
7.
8.a.
8.b,
List the type of equipment to be used to construct the project: A TRACKHOE AND HAND
TOOLS
Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: 2 FT. X 437 FT. = 874 SQUARE FEET
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:
10 FT. X 437 FT. + 8 FT. X 50 FT. (construction pathway) =
_4,370 SQ. FT. + 400 SQ. FT. = 4,770 SQUARE FEET
Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): TWO TREES GREATER THAN 6" IN DIAMETER, AND
11 TREES, 3" - 6" IN DIAMETER, WILL BE REMOVED. THEY WILL BE REPLACED
AS STATED IN THE GUIDELINES OF MCDOWELL COUNTY'S SHORELINE
PROTECTION ORDINANCE. UNDERGROWTH WILL ALSO BE REMOVED. THE
Applicant/Agent's Signature v t Laze '
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
MARION
SLOPED AREA ABOVE THE RIPRAP WILL BE HYDRO-SEEDED WITH LOVE GRASS.
Splawn - Ceder, LLC
Suns _f FL 4 1hH4/q
Mme. Ac 13159
Lake (Full Pond)
Full Pond
Shoreline
Wet,,.Ctrd
¢-2'X 10 1 Ri r
Ip' K 43q'- Cleared
A-boVz Cu l l Pool
Consk?'? ? -
T ?g w a ?5lorr )
50' l.artidviard - - - - -
Splawn _ mNtr, LLC,
please a*proximately 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.
Y
X

L LC THIS SURVEY IS LOCATED IN A PORTION OF MCDOWELL
6pl awn' mgeri L LC UNREGULATED AS TO AN ORDINANCE THAT REGULATES
?unse?' ?o i r?f. / ?ecfi oh l ILof 17
?C o20 i 5 WITNESS MY HAND AND SEAL:
01 ?
Marion, ? Scale
LAKE JAMES IMF
6 L133 L13
X10
X s- sh©L>J rip rap 431 --Pee+ irt len A,
rL hei3h4-
L1
V widf, x 50' I°q

V
N
V
fA* Ca
,y f yep N?s ?9.> 18
F 9n_ 1.63 AC
17
1 1.36 AC .AlTw I
Z?'I!v L71
sli9 ?,oz8z k 16
1.30 AC
LAKE JAMES <?2 kryq??ry '`?
?? k• 15
L78°p? 1.09 AC
2
N c
C
cs C
O (*
? n
N C
O ?
W Ix
19
1.61 AC
%p
0.75 AC

c?
lox $0?y
° 13
.63
L57 1.02 AC<
L36 N13'07'11"W 33.65
'
L37 N1124'36"E 72.12
L38 N04'46'39"W 54.44'
L39 N21'45'17W 65.08
'
L40 N10'34'00 "W 54.32
L41 S47'50'S6"W 64.34
'
L42 S20'19'04"W 12.17
L43 S76'29'12W 23.30
L44 S36'25'18 "W 14.74'
L45 S66'45'22"W 33.88
L46 S68'15 '06"W 60.28'
L47 N85'18'S8'W 19.80
L48 S84'04'18"W 18.27'
L49 S71'30'30"W 15.51
L50 N44'02'09"W 15.43'
L51 N83'57'20"W 19.35
L52 N28'45'08"E 50.00'
L53 N55-18-58-W 33.63
L54 N43'51'39"W 29.55'
L55 N3212'55"W 33.12'
L56 N72'41'04"W 29.41'
__ w?n.nnn"1l/ ne nA
L91 S13034'49`W 9.61'
L92 S20 57'46*E 15.26
L93 S16 43 37 E 11.13
L94 N38'46'56"W 10.39'
L95 N54052'07"W 28.11
L96 N79'33' 130'W 53.28'
'
L97 N01'4$ 41'E
" 33.22
L98 W
N06'13 32 38.29
'
L99 N28'16'34`W 38.97
L100 N12'55'06'W 53.16'
L101 N50'46'28'W 29.74
'
L102 N41022'40`W 20.40
L103 N505?3'21"E
' 50.00
'
L104 W
N45-00 00 50.00
L105 N45'00'QO"W
" 64.42'
'
L106 E
S35`1610 59..91
L107 S54'25'21 "E 38.25'
L108 S15'54'42"E 18.88'
L109 S42'26'50"E 12.01'
L110 N89'34'06"E 19.88'
L111 N74'31'1 5'E 28.38'
L112 S70046'320E 23.21'
L113 S25'20'58'E 39.10'
L114 S11*11.15'W 25.44;
L51
L53 ZlN01
L50 L45 L143 S33'02'36'W 53.44'

Marion, North Carolina, United States
1237)
A 238
CI
(1661
\ gah National 1236; ` --1126,
Lon o
SR?AH?1 1Y3r, LLC , _ ; 1281
1662 Su-set Point/ Sect 1/ Lot 17 -
Mar n, NC 23752 r
Ladbude 35.74351
LongtAe -8194276 126)
R 126 1234
1662
1688 1648
_ X26,
0 mi 0.5 1 1.5 2 2-5
Copyright O 1988-2001 Microsoft Corp. and/or its suppliers. All rights reserved. http://www.microsoftcom/streets
O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 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 Compusearch Micromarketing Data and Systems Ltd.
5p 1aw n -11` cgc-r. LL..C
r?on, N C OMIT
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
-7-/- a lO
Spawn -ff?er, LL-C
Sunset Point
Section 1 / Lot 17
>,:: "ale
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1400-443-5193
APPLICATION FOR PERMIT TO STABMIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name SPLAWN-N EYER, LLC (clo RALPH E. SPLAWN)
B. Mailing Address 4559 CHESNEE ROAD, RUTHERFORDTON, NC 28139
C. Telephone:-828-963-2722
II. Location of Proposed Project
A. Lake LAKE JAMES
B. Street Address BIG TREE WAY
C. County MCDOWELL
D. City, town, community or landmark MARION
E. Section _I_ Lot # 17 Subdivision -SUNSET POINT
F. Directions to property by road FROM MARION TAKE HWY 221 N/ LEFT ON HANKINS RD/
LEFT ON LAKE JAMES RD/ RIGHT ON SUNSET POINT PARKWAY/ LEFT ON BIG TREE
WAY TO LOT #17
G. Latitude and longitude for the project site LATITUDE 35.74951 LONGITUDE -81.94276_
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.maysonus.com.
III. Description of Project
A. Length of wall-APPROXIMATELY 437 LINEAR FEET
B. Material RIPRAP
C. Distancefrom property linelshoreline WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A Private YES
B. Commercial
V. Applicant Signature
Agent Signature q
Elk,.
Date a - J - o 4
00
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: USARMY CORPS OFENGINEERS,151 PATIONAVH -ROOM 208,
ASHEVILLE, NC 28801-5006
A COPY OF THE 'DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION: JOHNDOR VEY
PARKVIEWBLDG., 2321 CRABTREEBLVD.
RALEIGH, NC 27604
02/27/06ssb