20050640 Ver 1_Complete File_20050415

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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
April 22, 2005
DWQ Project # 05-0640
McDowell County
John Gregory
4125 Windwood Circle
Charlotte, NC 28226
Subject Property: Black Forest / Phase 1 / Lot 17
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Gregory:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 300 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 April 15, 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] / Intemet: httpJ/h2o.enr.state nc.us/ncwetlands
NorthCarolina
Xatumll?
An Equal Opportunity/Affirmative Action Employer- 50% RecyGed/10°b Post Consumer Paper
John Gregory
j
Page 2 of 6
April 22, 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 300 (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.
John Gregory
Page 3 of 6
April 22, 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.
John Gregory
Page 4 of G
April 22, 2005:
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.
John Gregory
Page 5 of 6
April 22, 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 1508 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.
John Gregory
Page 6 of 6
April 22, 2005:
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,
Alan W. Klimek, P.E.
AW Klkhb
Enclosures: GC 3373
Certificate of Completion
Guidelines to Riparian Buffer Restoration
cc: Mrs. Sue Harmon
Permits, ETC
Post Office Box 234
Boiling Springs, NC 28017
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: Gregory. McDowell. GC3373.Approval
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Barnett. Kevin
WQ Supervisor: Roger Edwards
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name John Gregory
Project Number 05 0640
Recvd From APP
Received Date 4/15/05 Recvd By Region
Project Type Shoreline stabilization
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
G 330 ? O Y O N 11-(23) FVSV/ F- 30,830.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y *N Did you request more info? O Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? O Y (* N Recommendation: O Issue * Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 354351 Longitude (ddmmss) 815822
Comments:
Issued ARO - 04/22/2005 - KHB
County DlcDowell
County2
Region Asheville
cc: Regional Office
Central Office Page Number 1
Triage Check List
Date: 4/19/05
Project Name: John Gregory
DWQ#: 05-0640
Kevin Barnett, Asheville Regional Office County: McDowell
To: 60-day Processing Time: 4/15/05 to 6/13/05
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
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!
wQ, CGPLt
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?'(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. 45??
Applications should be sent to:
9
Division of Water Quality Wetlands Unit
1650 Mail Service Center yso S `,
Raleigh, NC 27699-1650
1. Applicant Information
?cy
Owner/Applicant Information
Name:
MR. JOHN GREGORY
Mailing Address: 4125 WINDWOOD CIRCLE
-CHARLOTTE, NC 28226,
Telephone Number: _704-374-3103 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]
H. 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.
J o 1-) 1-1 G recto r 4
Location
County: MCDOWELL Nearest Town: MARION
Subdivision name or site address (include phase/lot number): BLACK FOREST / PH. 1 / LOT 17
(HIGH CAMPS DRIVE, 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 / TR ON HANKINS RD. / TL
ON LAKE JAMES RD. / TR ON BLACK FOREST DR. / TL ON HIGH CAMPS DR. / PROPERTY
IS ON LEFT
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): _15.817 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE APPROXIMATELY 150
LINEAR FEET OF ERODING BANK ALONG THE SHORELINE OF THIS LOT WITH RIVER
ROCK. THE RIVER ROCK WILL BE 4-5 FEET IN HEIGHT. THERE WILL BE GENTLE
SLOPING OF THE BANK SO THAT THE RIVER ROCK WILL HOLD.
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 150 FT. = 300 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:
_2 FT. X 150 FT. = 300 SQUARE FEET (A CONSTRUCTION PATHWAY WILL NOT BE
NEEDED SINCE A BARGE WILL BE USED.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): ONE TREE OVER 6 INCHES IN DIAMETER AND 25
TREES UNDER 6 INCHES IN DIAMETER WILL BE REMOVED. THE TREES WILL BE
REPLACED USING THE GUIDELINES SET FORTH IN THE LAKE JAMES SHORELINE
PROTECTION ORDINANCE OF MCDOWELL COUNTY. ANY REMAINING
DISTURBED AREA WILL HAVE MULCH APPLIED TO IT.
21,' . I `t'1 n 11", `r;t , IC e'-I f ? 1"efi-1' u*13) , E tc-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Jchn Greaefy
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glcu,K rere-4 /eh.l /Ut #11'1
I rican. NC. M9
Lake (Full Pond)
A bar Jae Will L O d -? r t h? ? O ed.
Full Pond l l ?rCFClx'1? ?7CtLl" 51 i (?
Shoreline
Lakeward
E-- ?' ? 150" R? v?r rocJ?
-
Cleared
Above- Full Pend
,j? laC,K rope-5
Lo f t? I'1
(.No Consfrvc6rn p(ALa' nadr-d
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
of fkt M lof n rn i fzl 50 Nbea r
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/ Lot 17 / o
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Marion area, NC John Gregory Black Forest / Ph. 1 / Lot 17
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1663 Martin, NC 26752 .• tr `'.
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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) -4?-U ''
Date Y I-L 5 -1

W3?sifN •••• .
iA --t

R-W

3-ohn Gregory
/ Lcf' ?7
VoLdC For?s? / Ph -I
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
B.
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
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Mailing Address-4125 WINDWOOD CIRCLE, CHARLOTTE, NC 28226
C. Tclcphonc:_704-374-3103
IL Location of Proposed Project
HL
A. Lake LAKE JAMES
B. Street Address HIGH CAMPS DRIVE, MARION, NC 28752
C. County MCDOWELL
D. City, town, community or landmark MARION
E. Section -PHASE 1 Lot # _17_ Subdivision BLACK FOREST
F. Directions to property by road -FROM MARION TAKE HWY 221 NORTH / TR ON HANKINS RD. /
TL ON LAKE JAMES RD. / TR ON BLACK FOREST DR / TL ON HIGH CAMPS DR / LOT IS ON LEFT
G. Latitude and longitude for the project site -LATITUDE 35.73018 LONGITUDE -81.97274
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.niaosonns.com.
Description of Project
A. Length of wall APPROXIMATELY 150 LINEAR FEET
B. Material RIVER ROCK
C. Distance from property line/shoreline WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A. Private YES
B. Commercial
V. Applicant Signature ti Date ?r? 5i 'L d?S
Agent Signature \/ o' Phone' /11 ?jc -071 G; Fax ' l!t , t /10
rn? f 5, Eft.
A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. -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 IVA TER QUALITY
ATTENTION. JOHNDORNEY
PARKVIEIV BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-1786
JOHN GREGORY
03/28/05ssb