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Home My WebLink About20040249 Ver 1_COMPLETE FILE_20040225Vy tti j ? O G ivu?uacl r. rtt?icy, vvvciuw William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources r ?. r Alan W. Klimek, P.E., Director W Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality February 25, 2004 DWQ Project #: 04-0249 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 Ms. LuAnn M. Bradshaw 308 Connelly Springs Road Lenoir, NC 28645 Subject Property: Bear Cliff Subdivision, Phase 1, Lot# 14 Dear Ms. Bradshaw: 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 133 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 Number(s) 3373 (GC3373). The Certification(s) allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization 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 and 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: 1. 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) (919) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands) "Customer Service #: 1-877-623-6748 Page 2 Ms. Bradshaw 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, a W. Klimek, P.E., C WQ, Director Attachments: Certificate of Comple ' n 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 # 04-0249 401 ?SSUE® 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 ApplicaQi n 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 U f. 1650 Mail Service Center WETLANDS/ 401 GROUP Raleigh, NC 27699-1650 FEB 19 2004 WATER QUALITY SECTION 1. Applicant Information 1. Owner/Applicant Information LJrLAn ads W Name: Mailing Address: . Telephone Number: ?A- 759- a4*2 _ 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.) rICORA ?ci, FTC: Name: Company Affiliation: -1E HF^PKAO" Mailing Address: P O BOX 234 BOILING SPRINGS. NC 28017 Telephone Number:90 - ' d Fax Number: '704 34 " 2100 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 delaile4 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 L.uAnn ICI . Ma.ashaw 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 Marion County: MC?ovJel? Nearest Town: Subdivision name or site address (include phase/lot number): fir Cli I, Lot# tt+ Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): I"f i K 41._1 _L 12.4 / IoG! nn lnk ?_nrnP,, kd Riah+ info 2. Describe the existing land use or application: Va.CL?. 4 WC ition of the site at the time of this r 1 I._ 1 1- 1i t_ I- 31 3, Property size (acres):_ QUO 4. Nearest body of water (stream/river/sound/ocean/lake): ?JUrnP? 5. Describe the purpose of the proposed work: ID help 64al ?! Ze Ih2 w I l r hl np, /'t b 1P? a 6. List the type of equipment to be used to construct the project:- L4 h?? 1! ti„o. nnrl hnnd -I-m?s 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: a' X 133 A(DIr 8 a. Amount of impact (including all clearing, retaining walls, etc) above the normal pool lak square feet or acres: ?DYI P a ?(l-YYI? back fill, excavation, rip.. rap, IPVPI nnrl 5O feet land-ward in' b. Please describe vegetation above the normal pool lake level and 50 feet land- ward to be impacted (number of trees for instance): No J! l i ...III L,,, I,d,^a `- 1T^ ?. nr'nrnn- A.gp4G, fftt/Agent's Signature r Date U (Agent's signature is valid only if an authorization letter fr6m the applicant is provided.) Lu Ann M. 16rad5how lbear Cl i 0 / Lod' It 14- Lake (Full Pond) bar will be u6ed. Full Pond Shoreline i p rc-? w&wa-rd 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 ftor elevation. 6) Location of construction access corridors. ?rf Me Aor?, ? ne, oF Hof 1 15 Wrox?`rMML, 133 = -• e shorel ne W1,11 ?Ove riP rap a ppt I (?j All 133 `it. -[be- r ipr will be ?prncl` maw G - .? ?-p ? IrL h. KO eAwvmej4 will be U' ill - bAr area J ? Q) Lr) CC) Ou ' V ._ 4- O ° .. w T a L105 Lill - W ^? / ?, ~ 0 cz: Lf) li t N Q i` o p s? I 6 S' J O / v ?'1 cYi ?Tl ? o \ cr) •b \ W o Ulm L? / V W <m o? Cl) ov 2 •?, p? / / Co ell O0 a Q 10 nA• ^ gl 4 o ?R o 3aVVISro 7VIol I m / N es'ssr o[ ezr 0 61 3. Bo. z0. ecw rr 'Sd r ?_ cn / 3.[[.Lr. [ON .. ?? w 132 0 Q 30 8.0 4j Ct .30 Q73 S22 93• N p ? 3- 6Z. 8Q rCYd y ` 3aVr J I X53 Qn ; -F- \ y .,e0 600f7r1OV Me ? g?? v w m C?AA l,e AAl r. _ Marion Area, NC Lu Ann M. 13radshaw Lot 14/ Bea Cliff Marion, NC Latih.lde 35.75M4 ?,1562`?? ? °?' Syr ' 1 f ?;?} t )f ? ;?l 1, i-: 1548; 1 Mi 0.5 1 1 Copyright O 198&2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:#www.microsoftcom/streets O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarkebng Data and Systems Ltd. Lo- :? 14/ Dees C 11W Lu Ann Bradshaw LuA-nn M. f?ra.d:Aa,ur 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 spbilization. Si Date