20040349 Ver 1_COMPLETE FILE_20040309

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
off- c) 4
btu
Permit Number: 200430647
Permit Type: GP30
Name of County: Burke
Name of Permittee: Davis H. Gardner
Date of Issuance: March 20, 2004
Upon completion of the activity authorized by this permit and any mitigation
required by the permit, sign this certification and return it to the following
address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection
by an U.S. Army Corps of Engineers representative. If you fail to comply with
this permit you are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has
been completed in accordance with the terms and conditions of the said permit,
and required mitigation was completed in accordance with the permit
conditions.
V? g7 (/?- I
Signature of Permittee at
HEB '9' 5 200)
DEAR 4'11 i iL*:'? iY
WETI ANDS FIND STORMWATER BRANCH
Certificate of Completion
DWQ Project No.: q _ 0 3 1 1 County: L4-??
Applicant:
Project Name:
G1%P
?L,r ZIr VO r <,- ? 7,, i , , A 4-t, 1 3-2-
Date of Issuance of 401 Water Quality Certification:
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, 1621 Mail Service Center, Raleigh, NC, 27699-1621. 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 Certifacation
I, ?aS LJ-- O, 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 ' ent of the 401 Water Quality Certification and Buffer Rules, the
al's.
approved s and speci ' ations, ther supporting materi
SignaDate: Zr lZ`
Agent's Certitcation
I, Ali, , 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: 2-
this project was designed by a CerVfled Professional
If
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:
cgko11aW
MAR 0 9 2005
nFNp . WATER nuALITY
NAT- Michael F. Easley, Governor
?pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Vj Alan W. Klimek, P.E., Director
Division of Water Quality
0 Coleen H. Sullins, Deputy Director
Division of Water Quality
March 15, 2004
DWQ Project #: 04-0349
Burke County
APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with ADDITIONAL CONDITIONS
Davis H. Gardner
2217 N. Point Street
Nebo, NC 28761
Subject Property: Holiday Shore Subdivision, Phase 1, Lot # 32
Dear Mr. Gardner:
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 and 0.01 acres of protected riparian
buffers on Lake James for the purpose of a interlocking block wall to stabilize approximately 125 feet of
shoreline, as described within your application dated March 5, 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 '(USACE). 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)
[phone] (phone); 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlanda)
Customer Service #: 1-877-623-6748
ffil
Page 2
Mr. Gardner
March 15, 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.
Attachments: Certificate of
GC 3373
JRD/bs
Sincerely,
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 4 04-0349
FILE UP I
4®1 ISSUED
Dwa O-OPT
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 ApplicaQoa 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 ? 4 U\ \WUN°wa 01 I
Raleigh, NC 27699-1650
MAR g 2004
1. Applicant Information
1. Owner/Applicant Information
V i C. GQr-dhf
Name:
Mailing Address:
Telephone Number: 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 ?f' r he owner/applicant.)
Name: r!I1TQ
Company Affiliation: StIE uAn"r)"
Mailing Address: P O BOX 234
ILI SPRINGS. NC 28017
Telephone Number: - U - ' 0 Fax Number: Q70µ 34 - 7 )D
E-mail Address: (tD i
t
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 detaile4 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
t. ' r
Oavi s R. Gardner
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 'J
County: S_ Y'& Nearest Town: Ntb
Subdivision name or site address (include phase/lot number): Phaul ILA 3a
Directions to site please include road numbers, landmarks, etc. (This i of w/ equa necessary if an ad, I Ie 1icin1t. y map _ e7A included)_ ?i_?,a?.?
2. Describe the existing land use of condition of the site at the time of this
application: PteSi?nlia? 10.1L? lob W? N'1 ?1nu5e? and (Ln PSfQ b?t?
3. Property size (acres):
4. Nearest body of water (stream/river/sound/ocean/lake): LaK&
5. Describe the purpose of the proposed,work:

1W t replace, eX.iS?-i rte fai l t Wooden Wal l . "
bcA-!" Cl h
List the type of equipment to be used to construct the project:
Irl? -k(??5
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres:
25 1) 11%
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: t, ~% :
b. Please describe vegetation above the normal pool lake level and 50 feet land-
ward to be impacted (number of trees for instance): No ?rPpS w 1 f I be
. I U Date
A piirmt/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
T-?av i s 14 . Goardne'r,
a,a.l'1 IA, (point 5?
Nebo, N c, 917(ol
lake (Full Pond)
Full Pond
Shoreline I fboi in vMd 4i in i -on+ of No& Wa,
'Rip np I? Ke?;a rd
?- ?? 1Yn .IGn?
F- ' K la`y' O Iwfed -
eve- Pond
5o`1on? Con61, Path-
50' Land Ward
j)G-Vj5 Grrdher
ki ld" Shores
Hof
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 HO to be placed below the "Normal Pool" elevation
d) The location of any proposed structures such as buildings, retaining
walls, docks, etc.
3) The location of any excavation or dridging below the "Normal'Pool"
elevation.
6) Location of construction access corridors.
6rte5 feed- in lepgC h 0-4
?(?locK wo-I ( wi l ( Ise a.Ppro y 1 ,
g Peed' in heAq h ('.
v?oc6e,n wo ( .
-&of in vVac A \NM by_ pjace? in &nf o-F inkrlocl4'15
bl ocK wal I
blac.lC
WCi I 1
SCCt ?e : /a inch =Approx. 50 -ff. Gardhe-r
Rol;d Shore-5 Act Sol
{s _51?oiv "nferiucl?'r f?foc ? v ll, a OY, U in lupf/I
rp rop (Fc?f wclc, pig 0-6F W bl(,)-K watt
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Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.
1)0,v is 0 . Garj rer
To: North Carolina Division of Water Quality
I give Sue Harrison of Permits, Etc. permission to sign as my agent on my
application for shoreline stabilization.
Signature ?' (J I
Date l? co G
r .
Davis Gardner