20050470 Ver 1_Complete File_20050315

Certification of Completion
DWQ Project No.: 01511 , 0'+'70 County: eiA r- kQ,
Applicant:- h r (,t/t t I e w.©? ?, S o ?.,
Project Name: 5 11 or, Q (,:%
.D N tot -t 7
(l0c'd L.Qkz -,?Oe-e-s
Date of Issuance of Isolated Wetland Permit: _ el. 6)
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, ?7699-160. 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
""'?' 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: `j &Z's-Zoi-
Agent's Certification
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:
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: Registration No. Date
Q
O C T 3 ! 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
tilichael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek; P.E. Director
Division of WaterQuality
April 6, 2005
DWQ Project # 05-0470
McDowell County
Tony Johnson
707 Winding Brook Road
Monroe, NC 28112
Subject Property: Mallard Point/ Lot #4
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Johnson:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 460 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 March 16, 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:
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 http://h2o.enr.state.nc.us/ncwetlands
NorthCarolina
,lVatumIlJ
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
ony Jonnson
Pau 2 of 6
April 6, 2005:
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 460 (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.

i ony ionnson
Page3 of6
April 6,2005:
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 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. 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.
i ony aonnson
Page 4 of 6
April 6,2005:
r
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. Turbidity Standard
The turbidity standard of 50 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.
11. 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. 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.
13. 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://h2o.enr.state.nc.us/ncwetlands.
I
Page 5 of 6
April 6,2005:
14. 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 / dredging which takes place on Duke
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,
4'?-
Fes-. AlanW. Klimek, P.E.
AW K/khb
Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
U1 ly jum iavn
Page6 of6
April 6,2005:
cc: USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: Johnson. McDowell. GC3373.Approval
401 Approval Letters
Subject: 401 Approval Letters
From: Laurie Dennison <[e-mail]>
Date: Fri, 15 Apr 2005 08:55:05 -0400 ,
To: Kevin Barnett <[e-mail]>
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
05-0451 Paul Wickham
05-0452 Haynes Rogers
-*'05-0470 Tony Johnson No o-pp;-uL -U-,P, -kec-vd - zrL ?S?t3'OS
05-0485 Philip Bowman v
1
1 of 1 4/15/2005 8:55 AM
MEMORANDUM
TO: John Dorne
Non-Discha
SUBJECT: WETLAND
Facility Name Tony Johnsoi
Project Number 05 0470
Recvd From APP
Received Date 3115105
Project Type Shoreline rei
cZ,? ot?. tip ?
Q.1.190??
nal Contact: Barnett. Kevin
Supervisor: FerrPst WPstall
Date:
IONS
County Burke
County2
Region Asheville
Certificates
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
7TP30 F- [5-Y -@)N F- 11-(23) wSV/ [-- 30,803. F-1
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O YO N Did you request more info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y *N
Is Mitigation required? O Y *N Recommendation: O Issue * Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) 354455 Longitude (ddmmss) 745225
Comments:
Issued ARO - 04/06/05 - KHB
cc: Regional Office Page Number 1
Central Office
Facility Name Tony Johnson
Project Number 05 0470
Comments (continued from page 1):
County Burke
Regional Contact: Barnett, Kevin
Date:
cc: Regional Office Page Number 2
Central Office
Triage Check List
Date: 3/16/05
Kevin Barnett, Asheville Regional Office
To: 60-day Processing Time: 3/15/05 to 5/13/05
County: Burke
FILE
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 (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!
Project Name: Tony Johnson
DWQ#: 05-0470
PAYMENT
5 44 7Q,
Thfoll RECEIVED
V.- owing 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: FIL
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 D
MAR 1 5 2005
1• Applicant Information DENR - WATER QUALITY
WETLANDS AND sToRwATER BRANCH
1. Owner/Applicant Information
Name:
Mailing Address.` 0-7
V 'MPf
Telephone Nugiber:]o4-.7e4_S-e3q Fax Number: a,f_ZgZ_ $2,
E-mail Address: F, c
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/applic
Name: ant.)
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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
surtounding properties- You may use the diagrarn 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.
1. Location
County: eL4 d`?« Nearest Town:
Subdivision name or site address (include phase/lot number): Lod'- + M o f 1 ort,1
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included):
2. Describe the existing land use or condition of the site at the time of this
application: Ub d 4 v t /o o? d w i o cl rl /? - -
3. Property size (acres): • i/ g c re,s
4 Nearest body of water (stream/river/sound/ocean/lake): L o% cam. o kh e r
5. Describe the purpose of the proposed work: F1 e C-2-fa-l' of r,'r9- r, "f2 t
S11drPk-e - o 21rp ecaS Cr-,
6. List the type of equipment to be used to constrict the project: S_1011e' _?o Ae.
l7?Jc,?lt'f rn /7c r'?3rd?
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: - (y S" 8. a. Amount of impact
retaining walls, etc.) al
square feet or acres:-
(including all clearing, back fill, excavation, rip rap,
ove the normal pool lake level and 50 feet land-ward in
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number +oftrees forJinstalnce): Z *' -.j A h k, f L:a /I
r4°! i'i v_ i1 7--i t ll 'i i ? T? lYn i.c/crh- 1-v5 a S', ?a Sc`YH t C u r/c
tI.i j7 z i 7.gjA - re.cj t`r,n trli 2? i5; ? h cJh 3?, 40
Applicant/9gent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
r,rnf
e ?„6Q^k e
5
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 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. docks, etc.
5) The location of any excavation or dredging below the Full Pond
elevation.
6) Location of construction access corridors.
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March 13, 2005
0504 TO
Mr. John Dorney
NC Division of Water Quality
Parkview Building
2321 Crabtree Blvd.
Raleigh, NC 27604
Ref. Application for Permit for Shoreline Restoration
Lot # 4 Mallard Pointe
6211 Drake Lane
Nebo, NC
Dear Mr. Dorney,
h
X
Pk 1,
RECEIVED
Enclosed are completed forms and check for $200.00 for permit for shoreline restoration.
If you need more information let me know.
Thanks,
Tony Johnson
Tony W. Johnson
707 Winding Brook Road
Monroe, NC 28112
Phone: [phone]
Cell: 704-578-5946
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