20052045 Ver 1_Complete File_20050114

OF W ATF
O??RQG Michael E. Easley, Governor
William G. Ross Jr., Secretary
(? r North Carolina Department of Environment and Natural Resources
?_•,- < Alan W. Klimek, Y.E. Director
Division of Water Quality
December 9, 2005
DWQ Project # 05-2045
McDowell County
Maggie Girdwood
Crescent Resources, LLC.
400 South Tryon Street, Suite 400
Post Office Box 1003 I
Charlotte, NC 28201-1003
DEC ? G NO
Subject Property: 1780 Lake James
Lake James i r
\1Cil1.J iu?D sicr,`'r ?A1ER Ei3AtCH
No 401 Water Quality Certification needed for these Impacts
Dear Mrs. Girdwood:
After review of your application, received by the N.C. Division of Water Quality (DWQ)
on November 4, 2005, it has been determined that the proposed work does not require
a Water Quality Certification. However, you should be aware that your project must
comply with the Catawba Buffer Rules as described in 15A NCAC 02B .0243.
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 contact Mr. Kevin Barnett in the
DWQ Asheville Regional Office at 828-296-4500.
Sincerely,

Alan W. Klimek, P.E., Director
Division of Water Quality
AW Klkhb
cc: USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 05-2045.No401 Required. McDowell
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 htt;1/h2oenr. state. nc. us/nmvetlands
One
No thCarolina
Alatnra!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Triage Check List
Date: 11/16/05
To:
Kevin Barnett, Asheville Regional Office
Project Name: 1780 Lake James
DWQ #:05-2045
County: McDowell
60-day Processing Time: 11/04/05 to 1/02/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? 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
? 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)
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!
CRESCENT RESOURCES
LLC
400 South Tryon Street
Suite 1300
P.O. Box 1003
Charlotte, NC 28201-1003
[phone]
October 31, 2005
Mr. John Dorney
NCDENR
Division of Water Quality
2321 Crabtree Blvd. Parkview Bldg.
Raleigh, North Carolina 27604
Re: 1780
Burke/McDowell Counties
Lake James
Dear Mr. Dorney,
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FAX [phone]
Enclosed you will find a proposed FERC map for the above referenced. This site is 1156+
acres located on the county line of Burke and McDowell Counties with approximately
80,224 liner feet of shoreline on Lake James. We have set aside approximately 513 acres
or 44% of the property to be used as common open space. The 215 lots within this
community will average 2.5+ acres in size.
We are making application for 139 Commercial Residential (CR) boat slips to serve our
off water lots, one of these slips will be dedicated as a boat pump out. We have met with
the Lake James Environmental Association and have collectively agreed all areas under the
fixed portion of the docks will have fish friendly habitats. We intend to use Duke Power's
recommendations for Fish Friendly Habitats as a guide while we explore additional
enhancement methods to compliment these areas. There will be no dredging or shoreline
stabilization associated with these slips.
Application is being made to Duke Power Company for the required FERC permit to
construct these boatslips. We ask that you advise us, by return mail, of any comment that
you may have concerning the boatslips or of any permits your authority may require. Your
comments are a requirement of the FERC application process. If you have any questions
or need additional information please do not hesitate to contact me at [phone].
Thank you for your cooperation and prompt response.
Sincerely,
Maggie 8trdwood
/mg
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 (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of 5200.00 for
impacts of to lake bottom of less than 1 acre and 5475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
NOV 4 - 2005
1VET AN S AND STTWAVATER BUril
1. Owner/Applicant Information
Name: Crescent Resources, LLC
Mailing Address: P. o_ Box i oo3
Charlotte, NC 28201-1003
Telephone Number: [phone] Fax Number: (7o4) 382-5429
E-mail Address: rdgj rdwnPrresrent-reGrnirrPs rnm
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: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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.
1. Location
County: McDowell/Burke Nearest Town: Morganton
Subdivision name or site address (include please/lot number): 1780
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): 140 West to exit 100. right.
Left on Highiany 126 R Miles on the right
Describe the existing land use or condition of the site at the time of this
application: Forestry land.
3. Property size (acres):
4. Nearest body of water (strea?r?/river/sound/ocean/lake): Lake James,
5. Describe the purpose of the proposed work: Boatslips to serve offwater property
owners of the adjacent community.
6. List the type of equipment to be used to construct the project: Boat slips will be
constructed offshore and floated into place using a barge.
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
N/A
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: N/A
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): t3?ne
/r
Applicant/Agent's Signature ?J Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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CRESCENT RESOURCES
LLC
400 South Tryon Street
Suite 1300
P.O. Box 1003
Charlotte, NC 28201-1003
[phone]
October 31, 2005
Mr. John Dorney
NCDENR
Division of Water Quality
2321 Crabtree Blvd. Parkview Bldg.
Raleigh, North Carolina 27604
Re: 1780
Burke/McDowell Counties
Lake James
Dear Mr. Dorney,
D
Nu V 4 - 2005
t"Err ° Stn?;,u '' TE' Q AL17-Y Frcfl
FAX [phone]
Enclosed you will find a proposcd FERC map for the above referenced. This site is 1156+
acres located on the county line of Burke and McDowell Counties with approximately
80,224 liner feet of shoreline on Lake James. We have set aside approximately 513 acres
or 44% of the property to be used as common open space. The 215 lots within this
community will average 2.5+ acres in size.
We are making application for 139 Commercial lZesidential (CR) boat slips to serve our
off water lots, one of these slips will be dedicated as a boat pump out. We have met with
the Lake James Environmental Association and have collectively agreed all areas under the
fixed portion of the docks will have fish friendly habitats. We intend to use Duke Power's
recommendations for Fish. Friendly Habitats as a guide while we explore additional
enhancement methods to compliment these areas. There will be no dredging or shoreline
stabilization associated with these slips.
Application is being made to Duke Power Company for the required FERC permit to
construct these boatslips. We ask that you advise us, by return mail, of any comment that
you may have concerning the boatslips or of any permits your authority may require. Your
comments are a requirement of the FERC application process. If you have any questions
or need additional information please do not hesitate to contact me at [phone].
Thank you for your cooperation and prompt response.
Sincerely,
Maggie irdwood
/mg
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 (7) copies of this application and supporting information as well as a
non-refundable application fee to the Division of Water Quality of 5200.00 for
impacts of to lake bottom of less than 1 acre and 5475.00 for impacts to lake bottom
of greater or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1. Applicant Information
Owner/Applicant Information
Name: Crescent Resources, LLC
Lp?
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2005
1 t? OENR - WATER QUALITY
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I?IC 1 u1i `::.J / 1ri9 STO(ZUNATM [.f?ti E'Ni
Mailing Address: P. n. Box 1003
Charlotte, NC 28201-1003
Telephone Number:_ [phone] Fax Number: [phone]
E-mail Address: rdgirdigo0rresrPnr-rPSn1IrrPG_rn-,
Agent Information (2% si-lied and dated cop)' of the AUcnt Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: N/A
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
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
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: McDowell/Burke Nearest Town: Morganton
Subdivision name or site address (include phase/lot number): 1780
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): 140 West to exit 100. right.
2. Describe the existing land use or condition of the site at the time of this
application: Forestry land.
3. Property size (acres): 1156+ acres.
4. Nearest body of water (stream/river/sound/ocean/lake): Lake James,
5. Describe the purpose ofthe proposed work:_ Boatslips to serve offwater property
owners of the adjacent community.
6. List the type of equipment to be used to construct the project: Boat slips will be
constructed offshore and floated into place using a barge.
Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
N/A
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:N/A
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): N.„
/I
Applicant/Agent's Signature ?J Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 12, 2005
Mrs. Faye Foster
PO Box 459
Hatteras, NC 27943
Re: DWQ ID Number 20052040, Nationwide Permit Application for an
activity in Dare County
Dear Mrs. Foster:
The North Carolina Division of Coastal Management has reviewed your application, dated
November 8, 2005, for a U.S. Army Corps of Engineers Nationwide Permit, pursuant to Section
307 of the Coastal Zone Management Act of 1972, as amended. Based upon our review, we have
determined that the consistency of the proposed activity with the North Carolina Coastal
Management Program will be determined during our review of the permit that is required by the
North Carolina Coastal Area Management Act, and the North Carolina Dredge and Fill Law for the
activity that you have proposed.
The activity described in your application for the issuance of a U.S. Army Corps of Engineers
Nationwide Permit, Number 18, under 33 CFR Part 330 lies within Estuarine. Shoreline and Coastal
Wetlands, Areas of Environmental Concern (AEC), as determined by the North Carolina Coastal
Resources Commission (CRC). Any development activity within an AEC that also requires a permit
from the U.S. Army Corps of Engineers must first obtain a Major Permit under the Rules of the
CRC.
The Coastal Management Representative for the area where you have proposed this development
activity is Mr. John Cece. Please contact this office at [phone] for information and
assistance with applying for the required permit.
Sincerely,
/,,-Ted Samsp n
District Manager
Northeast District
oP?9W H?
Di= C t 7005
c? ? ., err
7" JiChl
cc: Ted Tyndall, Assistant Director, NC Division of Coastal Management (DCM), Morehead City
Stephen Rynas, Federal Consistency Coordinator, DCM, Morehead City
Tom Steffans, US Army Corps of Engineers, Washington
John Dorney, Water Quality Section, NC Division of Water Quality, Raleigh
Roxanne Dorman, Atlantic Environment Consultants, Kitty Hawk
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer - 30% Recycled by Fiber Weight
Crescent Resources, LLC DIVISIOFWQ DIVISION OF WATER QUALITCHECK NO. 334243
DATE INVOICE NO DESCRIPTION ACCOUNT INVOICE AMOUNT
10-31-05 103105 1780 FERC water quality appli 475.00
r7-- 7A F-I
17

J
K 11-02-05
CIICK
334243

TOTAL> 475.00
DATE NUMBER
PLEASE DETACH AND RETAIN FOR YOUR RECORDS