20040248 Ver 1_COMPLETE FILE_20040903

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Michael F. Easley, Governor I
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Jeffery E. Lewis and Wanda F. Lewis
505 Lakeview Road
Durham NC 27712
Subject Property: 811 Hebron Road
UT to Ellerbe Creek
September 3, 2004
WETLANDS/ 401 GROUP
SEP 0 8 2004
WATER QUALITY SECTION
DWQ # 04-0248
Durham County
Page 1 of 2
On-Site Determination for Subjectivity to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233)
Dear Jeff:
On September 1, 2004, at your request I conducted an on-site determination to review a feature located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 26 .02233). The feature is labeled as "A" on the attached
map initialed by me on September 3, 2004.
During the site visit feature A was determined to be not present on the subject property.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "A' on the attached map is
Not Subject to the Neuse Buffer Rule. This on-site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401 Unit, 2321
Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60
days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not
start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely
manner. 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
determination is final and binding unless you ask for a hearing within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor
does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional
questions or require additional information please call me at [phone].
Sincerely,
J e Albiston,
WQ, Raleigh Regional Office
cc: DWQ 401 Wetlands Unit
File Copy
Central Files
DWQ # 04-0248
Raleigh Regional Office 1628 Mail Service Center phone [phone] Customer Service
Water Quality Section Raleigh, NC 27699-1628 facsimile [phone] 1-800-623-7748

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micnaet r. i;astey, governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
February 25, 2004
DWQ Project #: 04-0248
McDowell County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Mr. Garon Mabe
308 Connelly Springs Road
Lenoir, NC 28645
Subject Property: Bear Cliff Subdivision, Phase I, Lot# 13
Dear Mr. Mabe:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.01 acres of waters on Lake James for the purpose of
installing rip rap to stabilize approximately 128 feet of shoreline, as described within your application
dated February 16, 2004. After reviewing your application, we have decided that the impacts are covered
by the N.C. Division of Water Quality (DWQ) General Water. Quality Certification. Nurnber(s) 3373
(GC3373). The Certification(s) allows you to use Regional General Permit No. 1982000301) when issued
by the US Army'Corps of Engineers (USACE). This letter shall also act as your approved Atithorization
Certificate for impacts to the protected riparian :buffers per 15A NCAC 2B .0243.:'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'_'andi Duke Power
regulations and permits. Also, this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
This approval is only valid 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. For this approval to be valid, you must follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions:
Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging
into the stream as identified within 15A NCAC 2B .0243(5).
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone); 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
?,A 11
Page 2
Mr. Mabe
February 25, 2004
2. 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.
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, P.O. Box 27447, Raleigh,
N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you
have any questions, please telephone John Dorney at 919-733-9646 or Bob Zarzecki at 919-733-9726.
Sincerely,
Attachments: Certificate of
GC 3373
JRD/bs
cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon, Permits, ETC
DWQ # 04-0248
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 AppllmQgq 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:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
401 BSSUE®
WETLANDS/ 401 GROUP
FEB 1 9 2004
I. Applicant Information
1. Owner/Applicant Information
Name: Mt. rs
Mailing Address: 309
Telephone Number:RV- q SA' 4aa
E-mail Address:
WATER QUALITY SECS
Fax Number:
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:
Company Affiliation: St JE HARMnN
Mailing Address: X 234
anil G SPRINGS, NC 28017
Telephone Number:9 U4 - ' d'7 Fax Number:'70 3 ' 71 GD
i
E-mail Address:- M
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
r Caron Mabe-,
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: ??DVJe Nearest Town: N1Qr ioYl
Subdivision name or site address (include phase/lot number): 9-ynr Cli-FF/Phase I to+ 13
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity map is included): From rf } > > o?,l Nnr/
8.
Describe the existing land use or condition of the site at the time of this
application: YQLI]i'1
Property size (acres): '? o? CZ-GI^GS
Nearest body of water (stream/river/sound/ocean/lake): l..? --Tame-:s
-1. .? -L- --?
5. Describe the purpose of the proposed
6. List the e of equipment to be used to construct the project: A bara? a U.tc hob
- h nd -hrx?[s
T Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: a g - .? 5 • ??"
a. Amount of impact (including all
retaining walls, etc.) above the normal
square feet or acres:DC1P_ _
clearing, back fill, excavation, rip., rap,
nnnl lalsc. 1,-up] and So feet land-ward int.
b. Please describe vegetation above the normal pool lake level and 50 feet
ward to be impacted (number of trees for instancq: ) 1^ Wi l
cant/Agent's Signature Date U
i
Afpfi(Agent's signature is valid only if an authorization letter fr6m the applicant is provided.)

baron lvbbe)
VW,r C1141 U+-9 13
Lake (Full Pond)
I?c?r i l ( be u. d-
Full Pond
Shoreline
Ri n rap
A .i,
LaKekXrd

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 otl to be placed
proposed structures l such. as buildings, retaining on
4) The location of any p Po
walls, docks, etc.
5) The location of any excavation or dredging below the "Normal 'Poor
elevation.
6) Location of construction access corridors.
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Marion Area, NC

Caron Mabe
Lot 13/ Bea Cliff
Maim, NC
Lati ide 35.75,50
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Loi- l?)
Be-o-v C l i-W
Garon Mabe
Caron Ma.be.
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
Date ? ?,