20050079 Ver 1_Complete File_20050118

Certification of Completion
DWQ Project No
applicant:
05--_0079
LZJ ?n- 4 -- r-.
County: I y 1 C 40
Project Name: .- AUG 2, 3 1005
Date of Issuance of Isolated Wetland Permit: l ?f ?S- cEn';? -' 'HrEiz c u:°urY E-1 1:11R P
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 401AVetlands Unit, North Carolina
Division of Water Quality, 1650 ivlail 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' ?vi n 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 supportin-,materials.
Signature:
Date:
Agent's Certification
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, > as a duly registered Professional (i.e.,
Landscape Architect, Surveyor, etc. 'e ) 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.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
E1 1ii W" IE 0
Signature: Registration No. Date
MEMORANDUM
TO: John Dorney Regional Contact: Barnett. Kevin
Non-Discharge Branch WQ Supervisor: Forrest Wstall
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Kevin Leary
Project Number 05 0079
Recvd From APP
Received Date 1/18/05 Recvd By Region
Project Type shoreline stabilization
County INIcDowell
County2
Region Asheville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
GP30 water & O Y O N F__ 11-(23) \vSV I 30,830. 0.00 40.OC
O 7-0 _NF_ F_ F_ rF__ F__
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y * N
Is Mitigation required? Q Y * N Recommendation: Q Issue OO Issue/Cond O Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
issue, 1 out of ARO on 01/24/2005 - khb
cc: Regional Office
Central Office Page Number 1
Triage Check Dist
Date: 1/18/05 Project Name: Kevin Leary
DWQ#: 05-0079
County: McDowell
To: Kevin Barnett, Asheville Regional Office
60-day Processing Time: 1/18/05 to 3/18/05
From: Cyndi Karoly Telephone : [phone]
The file attached is being forwarded to your 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 (Neuse, 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
1-1
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!
.. Dwa Cg'kir
^
The following is an abbreviated application form for those applying for a 401 Wad je uality U9"
Certification to impact FERC (Federal Energy Regulatory Commission) regulated sOre ??
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application caif,t- bf rsedr l
for wetland or stream impacts. Please provide seven (7) copies of this application anolpporng---;
information as well as a non-refundable application fee to the Division of Water QuaG!S;of $200.0.
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom°qf grgter?
or equal to 1 acre. G
y
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
1. Owner/Applicant Information
Name:
KEVIN LEARY
Mailing Address:
5000 ADDISON DRIVE
CHARLOTTE, NC 28211
Telephone Number: _704-906-8955 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:
SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address:
POST OFFICE BOX 234,
BOILING SPRINGS, NC 28017,
Telephone Number: 704-434-0706
E-mail Address:
IL Project Information
[e-mail]
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.
Fax Number: 704-434-7100
a1 11 Lam/
1. Location
County: MCDOWELL Nearest Town:
Subdivision name or site address (include phase/lot number):
LOT 125 (SAILVIEW DRIVE, NEBO, NC 28761)
NEBO
THE ARBOR / PHASE V /
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 70 E / LEFT ON CEMETERY RD. /
LEFT ON HIGH TRAIL DR. / RIGHT ON BEACON RIDGE DR. / LEFT ON SAILVIEW DR.
(formerly Broadwater Dr.) / LOT 125 IS ON LEFT BEFORE YOU GET TO CUL-DE-SAC_
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT.
3. Property size (acres): 0.704 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: _TO STABILIZE THE ERODING BANK
ALONG THIS SHORELINE BY APPLYING 40 LINEAR FEET OF RIP RAP TO THE SHORELINE.
THE RIP RAP WILL BE 3-5 FEET IN HEIGHT. THERE IS SOME NATURAL ROCK ALONG
THIS SHORELINE, HOWEVER, RIP RAP NEEDS TO BE ADDED IN THIS AREA TO STABILIZE
THE SHORELINE.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. 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 40 FT. = 80 SQUARE FEET
8.a.
8.b.
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:
NONE.
Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): THREE TREES ALONG THE SHORELINE WILL BE
REMOVED. THEY WILL BE REPLACED USING THE GUIDELINES OF THE LAKE
JAMES SHORELINE PROTECTION ORDINANCE OF MCDOWELL COUNTY.
:L .
IIt I Ir 141 I-.
Appli6ant/Agent's Signaturd Date J
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
VYdin pnt,I
fh..e Ar hor0h - /fo r' I

Lake (Full Pond)
A bC rrip w ill be, t SPd -I`n f'{ li 5 ??miec?,
Full Pond
Shoreline
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.
5) The location of any excavation or dredging below the "Normal
Pool" elevation
6) Location of construction access corridors
Ri P rap Lakeward
?I y 1
- ??ln e ?inmen? will be. ?Sed i the bunter r;rP2
adde ' I inch - (CC)
1 V 10'x70'
r Sight Triongle ?.
Control Corner y5 Rebor ?
I. I vrevv set In Concrete I wo
'.? BROAD AW DRIVE t .yk,10?? ?? ?s
(45' Right Of )r¢tr - PRIYATE ROAD) 1 k?
k0
Wx70'
G?Sight Triongle
?Ot ?\ CO
/0
/ vC17
122 / / 11 1 C7
GNS? ??`
42 Ac.. `;?, h •`??? C13
ry 123
?
h
i C14
?? ,
? ?
?
V6
0.504 Ac.' --------o

Kev;n
---,
124
?\
0.639 Ac.?

L44 0.704 0.892 Ac.
Ac.
<c'v(
'
0
`?co?i

V L----- ?? ?a
4b \

a.?
I heret
descrit
the Cc
The ;u
buildin
parks
noted
AG MT
THE ARB(

Lake James Properties, LLCM
•• w . L 53-7 ( 1
58 \
L5 -
?'?? \
rEn r* mentaI \
Area
58 127
264
(Future Develo e t}t
xM`. ?c
0
O
100 50
SC/
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Abernathy &
Associates, P.C.
REF.
PROF
SCAL
DRAr
FB, r
Nebo area, NC Kevin Leary / The Arbor / Lot 125

2 Ions

(1660

4
(1614
126
166 ? .,..
,`?•;
The Arbor / Lot 125 i '
?i Nebo, NC X761
Lattide 35.7M72
Longtid e-81.95433
??. 1688) 1648
i7 126
1636 1
N
126 t164fi? 1?r,',
LI

M1 0-5 1 1.5 2
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K v i 1-L Leary
illy f?rlxr I'h,?? lLFit IZ
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.
S i ture s
Date
Kevi ix Lea ry
Lotl25 The Arbor

7 ? `M
1
Duke
Power.
December 16, 2004
Ms. Cyndi Karoly
NCDENR
Division of Water Quality
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Dear Ms. Karoly:
DUKE POWER
P.O. Box 1006
Charlotte, NC 28201 -1006
Mr. Kevin Leary, owner of lot 125, The Arbor subdivision, located on Sailview Drive
near Nebo, on Lake James in McDowell County, would like to apply for shoreline
stabilization of his lake lot.
I have made a site visit to this lot. I will be happy to review his application for shoreline
stabilization. His application must include approval from your agency and the U.S. Army
Corps of Engineers.
Please call me if you have any questions at 704-382-8577.
Sincerely, nn
Vv
J. Wade Harmon
Lake Management Representative
www.dukepower.com