20050448 Ver 1_Complete File_20050310

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Michael F, Easley, Governor

. William G. Ross Jr.. secrelary
North Carolina Department of Environment and Natural Rcsou~ces

Alan W. Klimek, P.E. Diredtor
Division of WaterQuaiity

Apri16,2005 . I
DWQ Project # 05-0448
I
Jackson County

,

Robert Reed
150 Edgemere Way South.
Naples, FL 34105

Subject Property: Strawberry Hills I Lot #4
Glenville, NC 28736

Approval of 401 Water Quality Certification with Additional Conditions

Dear Mr. Reed:

You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 330 square feet of shoreline for thb
purpose of stabilization at the subject property, as described within your apPlicatiop
received by the N.C. Division of Water Quality (DWQ) on February 16, 2p05. After
reviewing your application, we have decided that the impacts are covered by Gener~1
. Water Quality Certification Number(s) 3373 (GC3373), The Certification(s) allows yoL
to use Regional Permit(s) 198200079 when issued by the US Army Corps of Engineer~
(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 ndt
limited to) Erosion and Sediment Control, Non-discharge,. Stormwater and BUffe1r
regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire UPOM
expiration of the 404 or CAMA Permit., . .1

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 neJJ
application. If the property is sold, the new owner must be given a copy ,of thi~
Certification and approval letter and is thereby responsible for complying with a 1.1
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 ih
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed ih
the attached certification and any additional conditions listed below.

The Additional Conditions of the Certification are:

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One .
N..p~thCatoltna
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401 Wetlands Certification Unit
1650 Mail SelVice Center, Raleigh. North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/lntemet: htto:/Ih2o.enr.state.nc.us/ncwetlands

An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

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PageZ of 5
April 6,2005:

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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:

Shoreline

Plan Location or Reference

I,
I,
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2. Erosion & Sediment Control Practices
I

A

Erosion and sediment control practices must be i in full compliance with all
specifications governing the proper design, installation and operation and .
I maintenance of such Best Management Practices in order to protect surface
waters standards:

la. 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.

I

I
3. No Waste, Spoil, Solids, or Fill of Any Kind
I

No w~ste, 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,
I 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.

,

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Page30fs
April 6,2005:

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 contrbl
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 La~d
Resources has released the project.

5. Certificate of Completion

Upon completion of all work approved within the 401 Water Quality Certificatio,n
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Uni,t,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, Nu,
27699-1650.

6. Riprap Installation

All banks shall be laid back at a 2:1 slope and riprap applied at the water llano
interface (at full pool). Riprap shall be placed as a linear protective measur~
upon the regarded slopes. Stone used in stabilization shall be a random sizJ,
varying from Class B riprap up to 6 feet in diameter to provide additional wildlif~ .
habitat. All exposed soils above the Riprap stabilized area shall be replanted ih
accordance with the attached Guidelines for Riparian Buffer Restoratiorl,
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 strea~
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 buffer~
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.

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Page40f5
April 6,2005:

.

I
~. 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
f
I
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
I Resources or locally delegated program has released the project

12. Deed Restriction
I
I

I 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.

I .

I
13. Property Access

As Duke 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 Duke 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 Duke
. Power Company, any stabilization / fill I dredging which takes place on Duke
I Power Company property will be considered a violation of the issue Water
Quality Certification.

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Page501'5
April 6,2005:

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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.

r~lan W. Klimek, P.E,

AWKlkhb

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: Reed.Jackson.GC3373.Approval

401 Approval Letters

Subject: 401 Approval Letters
From: Laurie Dennison <laurie.j [e-mail]>
Date: Fri, 15 Apr 200508:55:05 -0400
To: Kevin Barnett <Kevin,Barnett@ncmai;1.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

05-0349 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- me> o.pp("uL ~~ N-c-vcL - ~d. &\\3\oS
05-0451 Paul Wickham
05-0452 Haynes Rogers
05-0470 Tony Johnson
05-0485 Philip Bowman

1 of 1

4/15/2005 8:55 AM
I

MEMORANDUM

TO:

John Dorney
Non-Discharge Branch

Regional Contact:
WQ Supervisor:
Date:

Barnett. Kevin
Fnrmst Westrlll

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS

Facility Name Robert Reed

County Jackson

Project Number 05
Recvd From APP
Received Date 3/10/05

0448

County2
Region Asheville

Recvd By Region

Project Type Shoreline 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 1 12-19-3-2-1 I WSIII I HQW 140,402. I 1
1 I IOY ON 1 I r-I 1 I 1

MitiQation
MitigationType

Wetland
Type Acres

Feet

r

Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
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) 350927 Longitude (ddmmss) 830913

Comments:
Issued ARO - 04/06/05 - KHB

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Kevin Barnett, Asheville Regional Office

Project Name: Robert Reed
DWQ#: 05-0448
County: Jackson

Date: 3/14/05

To: 60-day Processing Time: 3/1 0/05 to 5/8/05

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From: Cyndi Karoly

Telephone: [phone]

The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.

o Stream length impacted
o Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
o Minimization/avoidance issues
o Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman)
o Pond fill
O Mitigation Ratios
Ditching
o Are the stream and or wetland mitigation sites available and viable?
o Check drawings for accuracy
o Is the application consistent with pre-application meetings?
Cumulative impact concern
o
o
o

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!

FAX: [phone]

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BETH MOSTELLER
878 MOUNTAIN COVE ROAD
WAYNESVILLE, NC 28786

TELEPHONE: [phone]

E-MAIL: DR8MOSTCi.i)ASAPGROUP.COM

March 4, 2005

North Carolina Division of Water Quality
Attention: John Dorney
2321 Crabtree Boulevard
Parkview building
Raleigh, North Carolina 27604

Subject: Application for Shoreline Stabilization - Dry Stack Stone Boulder Wall

050448

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Mailing Address:
Robert Reed
150 Edgemere Way South
Naples, FL
Property Address:
Lake Glenville
Lot 4
Strawberry Hills
Glenville, NC 28783
ID 7554-35-5830

This Letter is a Summary of the Enclosed Application for Shoreline Stabilization
Rip-Rap.

One original and seven copies = Total of eight enclosed

1. Letter from Duke Power - Nantahala Area Lake representative
2. Abbreviated Application Form - 401 Water Quality Certification
3. Check for $200.00 Application Fee
4, Agent Authorization Letter
5. Plat
6. Road Map
7. Directions
8. Pictures
9. Plan sketch (2)
10. Self addressed envelope with postage

Cc: Duke Power Company - Charlotte, NC
U. S. Army Corps of Engineers - Asheville, NC
Mr, Dave McHenry - Mountain Region Coordinator - Waynesville, NC

r-=:::. !Dulce
ro {Powert@

Duke Power

A Duke Energy Comp,my

')2(, South CIHlr,:h SIr,',.r
PO, Box IOOe,
Ul.lr!o!tc, NC 2H20 I-I O()h

March 4, 2005

Mr. Robert Reed
150 Edgemere Way South
Naples, FL 34105

Dear Mr. Reed:

Based on the approval of the D.S, Anny Corps of Engineers, the N.C. Division of Water
Quality, and any other state and or local ordinances and in compliance with Duke
Power's site inspection, shoreline management Guidelines, your application has been
approved. Duke Power grants you the right to access and work within the Federal Energy
Regulatory Commission (FERC) project boundary in accordance with the pennits noted
above.

I understand you are requesting to remove and reconstruct the dry stack stone wall that
has failed. I understand you or your contractor will be using the stone that already exist
on the site.

Please make sure that your contractor is fully aware of all current Shoreline Management
Guidelines that are in place at this time, Should either you or your contractor have
questions please contact me at [phone] or by cell phone at [phone].

?~

Dale R. Mosteller
Duke Power Company
Nantahala Area Lake Manager

050448

The following is an abbreviated application form for those applying for a 401 'Vater
Quality Certification to impact FERC (Federal Energy Regulatory Commission)
regulated lake shore or bottom under the V.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 'Vater 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 'Vater Quality Wetlands Vnit
1650 Mail Service Center
Raleigh, NC 27699-1650

~[g@[gDW[g ID

MAR 1 0 2005

I.

Applicant Information

DENR. WATER QUALITY
WEllJ.,NDS AND STORMWATER BRAUCH

1. Owner/Applicant Information
Name: Robert Reed
Mailing Address: 150 Edgemere Way South
Naples, FL 34105

Telephone Number:239-213-1785Fax Number:N/ A
E-mail Address: N/ A

2. Agent Infonnation (A signed and dated copy of the Agent Authorization letter must
be attached if the Agent has signatory authority for the owner/applicant.)
Name: Beth Mosteller
Company Affiliation: Mountain Lake Permit Service
Mailing Address: 878 Mountain Cove Road
Waynesville, North Carolina 28786

Telephone Number: 828/456-8195 Fax Number: 828/456-6554
E-mail Address:[e-mail]

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

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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: Jackson Nearest Town: Cashiers
Subdivision name or site address (include phase/lot number): Strawberry Hills /
Lot 4
Directions to site please include road numbers, landmarks, etc, (This is not
necessary is an adequate vicinity map is included: From Sylva, travel Hwy 107
toward Glenville, Turn right onto Pine Creek Road travel approximately 3.9 miles. i
Turn left onto North Norton Road travel approximately .5 miles, Turn left onto
Strawberry Hills Subdivision (sign), Turn left into Strawberry Hill Subdivision.

2. Describe the existing land use or condition of the site at the time of this application:
Wooded, residential lake lot, with existing house.

3. Property size (acres): 1.05

4, Nearest body of water (streamlriver/sound/ocean/lake): Glenville

5. Describe the purpose of the proposed work: To apply dry stack stone boulders 7 feet
max high to I feet and 110 feet of shoreline to help stabilize the shoreline and prevent
further erosion.

6, List the type of equipment to be used to construct the project: Rubber track-hoe and i
hand

7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the nonnal pool lake level in square feet or acres: 3 feet x I 10 feet = 330
square feet

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: I x 110 feet + 2 foot x I 10 feet + 8 feet x 50 feet = 110 + 220 +
400 = 730 square feet

b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No trees will need to be
removed. Mulch will be applied to the disturbed area.

&.iV- rt\~ ~ -~~ 6_5
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

Jackson County Real Estate Data
Parcel Summary
PIN # 7554-35-5830 Owner Account ID 0

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Jackson County Real Estate Data
Parcel Summary
PIN # 7554-35-5830 Owner Account ID 0

Location Address Property Description
L T 4 UN 1 STRAWBERRY HILLS L T 4 UN 1 STRAWBERRY HILLS
[.i.:111i'iljjt.Ji.:i,] [J Ulttlll!lJiI!U 0 I . Il;.'tjnLJDLJIr~r-L.JO ~c.nr(11.l 0 L.f":t~J.....JO

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'i I Property oescription- ., ...-
LT 4 UN 1 STRAWBERRY
\HILLS

Property Owner Owner's Mailing Address
REED, ROBERT III TRUSTEE 450 N HAYWORTH AVE
REED, MARION M TRUSTEE LOS ANGELES CA,90048

---_._-_.~._----_.

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Transfer Information
1.05 Per Deed
7554.01 Book/Page
Deed Date
9508 Instrument Type
* Revenue Stamp
Hamburg Sale Price
* Additional Ref.

Assessed Value
Land Value
1182/0307 Tot. Bldg. Value
2003-03-31 Tot. Out Bldg,
* ,Val.
*1

: Administratve Data
Acreage
Map Sheet
l Plat Reference
Census Tract
City Boundary
Township
Fire District
History ID 1
History ID 2

*

o \' Total Deferred
* Value

\

I Net Value

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02004 NAVTEQ -,

DUKE POWER DIRECTIONS BY ROAD FORM

Lake Use Permit Applicants and Contractors: Ease of locating the proposed project site can
have a big impact on pernlit processing time. Please complete this form and return it along with
your completed permit application to:

DUKE POWER
C/O LAKE MANAGEMENT - EC 12 Q
PO BOX 1006
CHARLOTTE, NC 28201-1006
1-800-443-5193

Applicant's Name: Robert Reed

Type of Permit Requested
"Circle":

Street Address (at lake): Strawberry Hills Glenville, NC,28783

Property Section: UN 1

Lot # Lot 4

Private Facility
Commercial Facility
~(,'lH'lt;f'ln
hilizatioU::>
Conveyance
Miscellaneous Uses

Lake Name: Glenville

Subdivision Name: Strawberry Hills

City: Glenville

County: Jackson

State: NC Zip: 28783

Telephone: [phone]

Directions (from major road or highway):

From Sylva, travel Hwy 107 toward Glenville, Turn right onto Pine Creek Road travel approximately 3.9
miles, Turn left onto North Norton Road travel approximately .5 miles, Turn left onto Strawberry Hills
Subdivision (sign), Turn left into Strawberry Hill Subdivision.

Descriptive Structure(s) on Property (i.e. brick garage, white fence, mobile home, etc):

Single family dwelling

*Note: Please use the back of this form if desired to draw us a map to the site.

j

Lake (Full Pond)

below full pond
rip rap 3 ft x 11 ft
above full pond
ry s ac s one 2 ft x 110ft
Filter fabric between
Surge stone 1 ft x 110 ft

Pathway
8 ft x 50 ft

Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the Full 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
walls, docksl etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.

. 174,56 feet
. Above full pond, surge stone, native stone boulders wall be approximately
110 feet long and 7 feet max high and 2 feet wide. The dimension of stone
boulders (native rock will be approximately 2 feet high, 3 feet long, 2 feet
wide), Below full pond 3 feet rip rap, class B - 5'-15' size.

Dry Stacl( Boulder Wall

Riprap slope no

grea~

2

Dry Stack Boulder Wall
7 feet high - 2 feet wide - 110 feet Ion

Full Lake Level

Riprap
{Class B - 5"-15"