HomeMy WebLinkAbout20050349 Ver 1_Complete File_20050224
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Michad F. Easley, Governor
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William G, Ross Jr" SecretarY
North Carolina Department of Environment and Natural Resource~
Alan W, Klimek, PE, Director
Division of Water Quality
April 4, 2005
DWQ Project # 05-0349
Graham County
Maury Stewart
Blue Waters Mountain Lodge
292 Pine Ridge Road
Robbinsville, NC 28771
Subject Property: Blue Waters Mountain Lodge
Pine Ridge Road, Robbinsville
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Stewart:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 426 square 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 February 24, 2005. After
reviewing your application, we have decided that the impacts are covered by General
Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you
to use Regional Permit(s) 198200079 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, Stormwater 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 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. 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:
N~r~thCarolina
,Natllrall!!
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786/ FAX 919-733.SB93/lntemet http://h2oenrstatenc us/ncwetlands
An Equal Opportunity/Affi~ative Action Employer - 50% Recyc!ed/10% Pcst Ccnsumer Paper
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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 Plan Location or Reference
Approved (Units)
Shoreline 426 (square A
feet)
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
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.
page J at 6
April 4, 2005:
\,
4. No Sediment & Erosion Control Measures win 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 slope and riprap applied at the water I 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, nor a dry stack boulder wall.
7. 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,
IVIClUry ~{ewart:
Page4of6
April 4, 2005:
9. Turbidity Standard
The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B. .0200. Appropriate sediment and
erosion control practices must be used to meet this standard.
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.
11. No Sediment and Erosion Control Measures in Wetlands
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 or locally delegated program has released the project.
12. Deed Restriction
Deed Restriction or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to impacts to
wetland, water and buffers located on the property. 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. A sample
deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h20.enr.state.nc.us/ncwetlands.
13. Property Access
As Alcoa Power Company owns part, or all, of the property on which this
stabilization activity will be taking place, or it is within the Federal Energy
Regulatory Commission Project Boundary, this Water Quality Certification is only
valid after the written authorization of Alcoa Power Company has been obtained
through their permitting process, granting access to perform these stabilization
activities on their property or within the Federal Energy Regulatory Commission
Project Boundary. Failure to obtain the above written authorization from Alcoa
Power Company, any stabilization / fill / dredging which takes place on Alcoa
IVI i::l ur Y ;:) rewa 11:
Page 5 of6
April 4, 2005:
Power Company property will be considered a violation of the issue Water
Quality Certification.
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.
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 telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Kevin Barnett in the DWQ Asheville
Regional Office at 828-296-4657.
Sincerely,
"'1 /.
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l\.j;:~,Alan W. Klimek, P.E.
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Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
cc: Beth Mosteller
Mountain Lake Permit Service
878 Mountain Cove Road
Waynesville, NC 28786
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: BlueW atersMou ntain Lodge. Graham. GC3373.Approval
401 Approval Letters
Subject: 401 Approval Letters
From: Laurie Dennison <laurie.j .dennison@ncmail.net>
Date: Fri, 15 Apr 200508:55:05 -0400
To: Kevin Barnett <Kevin.Bamett@ncmail.net>
Kevin:
I'm in need of the follow 401 Approval letters to close out exisiting files on this
end. Please mail or fax copies for the following DWQ Project #'s.
Thanks in advance. . . .Laurie Dennison
~-0349 Blue Waters Mountain Lodge
05-0396 Yancey County polecate Branch
05-0418 Mitchell County Cane Creek
05-0445 Ayles Creek EWP
05-0446 Cattail Creek EWP
05-0447 South Toe River EWP
05-0448 Robert Reed
05-0451 Paul Wickham
05-0452 Haynes Rogers
05-0470 Tony Johnson
05-0485 Philip Bowman
\\c..vd
NO CLpp' uL J~.+,\i~ ~ s \ \ 3\ 0 S
I of 1
4/15/2005 8:55 AM
MEMORANDUM
TO:
John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
Barnett. Kevin
Fnrrp.st Wp.strlll
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Blue 'Vaters Mountain Lodge
Project Number 05 0349
Recvd From APP
County Graham
County2
Region Asheville
Received Date 2/24/05
Recvd By Region
Project Type Bank stabilization
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
Stream
Class
Prim, Supp,
Acres
Basin Req,
Feet
Req.
I GP30 I IOY @N I I 2-190-(5) fIll TR 140,404. I I
I I IOY ON I I r---I I I I
MitiQation
MitigationType
Wetland
Type Acres
Feet
r
Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? @ YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 352206 Longitude (ddmmss) 835011
Comments:
Issued - ARO - 04/04/2005 - KHB
cc:
Regional Office
Central Office
Page Number 1
MEMORANDUM
TO:
John Dorney
Non-Discharge Branch
Regional Contact:
WQ Supervisor:
Date:
Barnett. Kevin
F()m~st Wp.strlll
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Blue 'Vaters Mountain Lodge
Project Number 05 0349
Recvd From APP
County Graham
County2
Region Asheville
Recvd By Region
Received Date 2/24/05
Project Type Bank stabilization
Certificates
Permit Wetland Wetland Wetland Stream
Type Type Impact Score Index
Stream
Class
Prim. Supp,
Acres
Basin Req.
Feet
Req,
I GP30 I IOY (!)N I I 2-190-(5) fI31 TR 140,404. I I
I I IOY ON I I r--I I I I
,
MitiQation
MitigationType
Wetland
Type Acres
Feet
r
Is Wetland Rating Sheet Attached? 0 Y @ N Did you request morc info? @ YON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
Is Mitigation required? 0 Y @ N Recommendation: 0 Issue @ Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 352206 Longitude (ddmmss) 835011
Comments:
Issued,-,ARO-04/04/2005 - KHB
cc:
Regional Office
Central Office
Page Number 1
Facility Name Blue 'Vaters Mountain Lodge
County Graham
Project Number 05
0349
Regional Contact: Barnett, Kevin
Date:
Comments (continued from page 1):
cc:
Regional Office
Central Office
Page Number 2
o'r WATl:lf
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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
March 2, 2005
DWQ Project # 05-0349
Graham County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Blue Waters Mountain Lodge
Maury Stewart
292 Pine Ridge Road
Robbinsville, NC 28771
m~@~DW~@
APR 2 2 2005
Subject Property: 292 Pine Ridge Road
Blue Waters Mountain Lodge
REQUEST FOR MORE INFORMATION
, D,~NR . WATER QUALITY
\.'8lAi ,os AND STORM'I\'ATER BRANCH
Dear Mr. Stewart:
On February 24, 2005, the Division of Water Quality (DWQ) received your application to
impact 0.06 acres of shoreline for stabilization. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below.
The DWQ will require additional information in order to process your application to
impact protected wetlands and/or streams on the subject property, Therefore, unless
we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 2H .0506 and will place this project
on hold as incomplete until we receive this additional information. Please provide the
following information so that we may continue to review your project.
Additional Information Requested:
1. Water Quality Certification
A Water Quality Certification will only be issued for shoreline stabilization which not
only provides for long term stability of the shoreline, but also provides for water
quality enhancement. As shoreline hardening (such as the installation of rip-rap
stone), you should investigate other "natural" stabilization techniques, including,
but not limited to, decreasing shoreline slope to provide a wave energy dissipation
area, establishment of woody riparian buffers where none current exist, utilization
of root wads at the shoreline interface as energy dissipaters, etc.
Onel C ]'
Nor! 1 aro Illa
;Vlllllra!!1/
401 Wetlands Certification Unit
1650 Mail Service Center, Ra!eigh, North Carolina 27699-1650
2321 Crabtree Bou!evard, Suite 250, Ra!eigh, North Carolina 27604
Phone: 919.733.1786/ FI\I.. 919.733-6893/lnternet: htto:/Ih2oenrslatencus/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Blue Waters Mountain Lodge
Page 2 of2
March 2, 2005:
2. Property Access
, As Alcoa Power Generating, Inc, owns the subject property where stabilization is to
occur, you must show proof of access through either a legal property easement or
provide written permission from Alcoa Power Generating, Inc. providing you
easement to perform the subject activity.
Please respond in writing by March 16, 2005 by sending this information to me in writing
and Mrs, Cindy Karoly of the DWQ Central Office. If we do not hear from you by March
16, 2005, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested
within your application are not authorized (at this time) by the DWQ. Please contact me
at Kevin.Bamett@ncmail.net or at 828-296-4657 if you have any questions regarding or
would like to set up a meeting to discuss this matter,
evin H. Barnett,
Environmental Chemist
JRDlkhb
cc: Mrs. Cyndi Karoly, 401 Permitting Unit
Mr. Jody J. Cason
Alcoa Power Generating, Inc.
300 North Hall Road
Alcoa, TN 37701-2516
File Copy
Central Files
Filename: 05-0349,OnHold
Triage Check List
Date: 2/28/05
Project Name: Blue 'Vaters Mountain Lodge
D'VQ#: 05-0349
County: Graham
To: Kevin Barnett, Asheville Regional Office
60-day Processing Time: revised 2/28/05 to 4/28/05
From: Cyndi Karoly Telephone: (919) 733-9721
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
D Stream length impacted
D Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
D Minimization/avoidance issues
D Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fill
D Mitigation Ratios
Ditching
D Are the stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D
D
D
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 infonnation 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!
. ~ .- . (
BLUE WATERS:,:,~,~.":'/~~~~:~\'~'-'~~,~,:;," MOUNTAIN LODGE
";.':"::I~..'~~_-:..~.,Ic.", _~.-::~~~>.:_~..
February 21, 2005
Mr. John Dorney
NC DENR/Division of Water Quality
Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Mr. Dorney:
Enclosed please find our application for a 401 Water Quality
Certification as well as a check in the amount of $200.00. We
appreciate your assistance in this matter.
Should you have any questions or need any additional information,
please do not hesitate to call us at 828-479-8888.
Sincerely,
'N (lcUuj i{C;) O-Lt
U
Maury Stewart
:mcs
Enclosures (7 copies)
~m@mllwm@
FEB 2 <1 2005
l\cnZ~1~~~~~~~ QUALITY
VT\MIYATER BRNJCH
1. 0 Q
292 Pine Ridge ROJd · Robbinsvillc, NC 28771
828.479.8883 · 833.823.3978 · Fax 828..P9.9558 · www.blue\VJtersmrnl.com
The following is an abbre'iatell application forIll for thoco,e applying for a 401 'Vater
Quality Certification to impact FERC (Federal Energy Regulatory Commisco,ion)
regulated lal,:e shore 01' bottom under the 1:.S. Arm~' Corps of Engineers Permit
GP30. TWs Application cannot be used for wetImHI 01' stream impacts. Please
provide sewn (7) copies of this application amI supporting information as well as a
non-refundable application fee to tIle Dhision of 'Vater Quality of 5200.00 for
impacts of to lal':f bottom of less than 1 acre and 5475.00 for impacts to lal,:e bottom
of greater 01' equal to 1 acre.
Applications should be sent to:
Division of 'Vater Quality 'Vetlands l:nit
1650 )Iail SerYice Center
Raleigh, ~C 27699-1650
~@,@@,uw@,~
FEB 2 4 2005
I.
Applicant Information
JER QUAU11'
DENR.~,WD ~lor\l.W^1ER llAAl~
\,:8VJIOS,.,.,
1. Owner/Applicant IllfolUlation
~a1l1e:
~Iai1ing Address:
Blue Waters Mountain Lodl!;e
292 Pine Ridge Road
Robbinsville, NC 28771
Telephone Nl.Unber:
E-mail AddreSS:
828-479-8888 Fax Number:
Blue Waters@\veb\mrkz.com
828-479-9SS8
") Agent Infol1uation (A signed and dated copy of the Agent Authorization letter
lllU~t be attached if the Agent ha-; ~ignatory authority for the o\\Oner/applicant.)
~ame: N / A
Company Affiliation: N/ A
~Iailing Address: N/ A
Tdephone Nl.UUber: N/A
E-mail Address: N/ A
Fax Number: N/A
II.
Project Information
See Attached Addendum "A" - Location Map
Attach a ,icinity map clearly showing the location of the property \\"ith respect to
local landmarks such as to\\11S. dYers. and roads. Also proYide a detailed site
plan showing property boundaries and deyelopment plan') in relation to
Sl.Ul"Ollllding properties. You may USe the diagram below to make a hand sketch of
your project. Abo. see the ex~u11ple below for guidance. Both the vicinity map and
site plan must include a scale and north an'ow. The footprints of all buildings.
impervious surfaces. or other t:1cilities must be included.
1. Location
Comltv: Graham Xearest Town: Robbinsville
Subdi~'isionn<1me or site address (include phase/lot number): 292 Pine Ridge Road
Directions to site please include road numbers. landmarks. etc. (This is not
necessary if <1n adequate vicinity map is included): At the traffic light at the intersection
of Route 143 and US 129, head north on US 129. Cross the Ted Jordan Bridge. Make 2nd
left (almost immediate) on Pine Ridge Road. Lodge is 0.2 miles on the right.
See Addendum "A".
") Describe the existin~ land use or condition of the site at the time of this
application: Lakefront property is vacant. See Addendum "B" - Current Condition Photos.
The lakefront property is adjacent to Blue Waters Mountain Lodge. See Addendum "C" for
the site map.
3. Property size (acres):
0.06 Acres - Lakefront Property
4. Xem'est body of water (stream/rh'er/soumVocean/lake):
Santeetlah Lake
5. Describe the pmpose of the proposed work: To stabilize a portion of the bank that has
been eroding. See Addendum "D" - Topographical Survey.
6. List the t)lJe of equipment to be used to COllstl11Ct the project: Hand labor and possibly a
back hoe
i. A,mount of impact (including all excavation. backfill. lip rap. r~taining walls.
etc.) below the n0I111al poollake le\"el in square feet or acres:P1an IS to perform moderate
impact. It is anticipateCi that there ,vill be no excavating or retammg walls. See Addendum
"E" - Detail Drmving.
S. a. Al110tUlt of impact (including all clearing. back tIll. excavation. rip rap.
retaining walls. etc.) above the n0I111al poollake level and 50 feet land-ward in
square feet or acres: Plan is to perform moderate impact. It is anticipated that there will
be no excavating or retaining walls. See Addendum "E" - Detail Drawing.
b. Please describe vegetation above the non11a1 pool lake levd and 50 feet land-
,,'ard to be impacted (mullber of tree; for instance): Primarily scrub grass and kudzu. See
Addendum "F" - Proposed Deck and Dock Drm\ing. The drawing denotes all trees.
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter ti-om the applicant is provided.)
LONE OAl<
BAPTIST CHURCH
EAST BUFFALO
NCSR 1144
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Addendum "B" - Current Conditions
Addendum "C" - Site Map
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Addendum "E" - Detail Drawing
INSTALL NATIVE VEGETATION ON ALL
DISTURBED AREAS ABOVE SLOPE
TYPICAL CONDITIONS
. 24" TO 48" ERODED CUT
. WAVE EXPOSURE
TOE IN
FABRIC 6"
(TYP .)
CLASS 2 RIP-RAP, PER NCDOT
STANDARDS, RANGE IN SIZE g" TO 23"
PROJECT:
SHORELINE STABILIZATION DETAIL
SANTEETLAH RESERVOIR
DRAWING TiTlE:
MODERATE RIP RAP STABILIZATION
Addendum "P" - Proposed Deel\: and Doel\:
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