20040430 Ver 1_Complete File_20040322

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
Coleen H, Sullins, Deputy Director
Division of Water Quality

March 25, 2004
DWQ Project #: 04-0430
McDowell County

APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River BufferProtection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS

Mrs. Leslie D. Green
396 Windsor Road
Asheville, NC 28804

Subject Property: Bear Cliff Subdivision, Phase I, Lot# 10

Dear Mrs. Green:

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 247 feet of shoreline, as described within your application
dated March 19, 2004. After reviewing your application, we li~ve 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), (htto:/Ih2o,enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748

Page 2
Mrs. Green
March 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 919-733-9946 or Bob Zarzecki at 919-733-9726.

Sincerely,

Attachments:

Certificate of Comple .
GC 3373

JRD/bs

cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
US ACE Asheville Regulatory Field Office
DWQ Asheville Regional Office
File Copy
Central Files
Sue Harmon, Permits Etc.

DWQ # 04-0430

Le.s I f e- D. Gr-wn

,

. ., fILE COP

The following is an abbreviated application form for tbose applying for a 401 :lter Qnality
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 $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.

DwQ Cor~

Applications should be sent to:

Q l. f"v,J Ii@J{--L.
.'14' ~":~~1i
~./ ....F \- " 'L/ .1d',

Division of Water Quality WetIands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

401ISSUl::.
~D
v l<:~'-)2/ <' _;

I.

Applicant Information

;' ';",
" .

1.

Ownerl Applicant Information

A14R
.22
,(001

Name:
Mailing Address:

Mrs. Leslie D. Green
396 Windsor Road
_Asheville, NC 28804

Telephone Number: _828-254-3971 (home)_ 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:

Sue Harmon

Company Affiliation:_PERMITS, ETC.
Mailing Address: _P.O. Box 234, Boiling Springs, NC 28017
Telephone Number: 704-434-0706 Fax Number: 704-434-7100
E-mail Address:[e-mail]

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

Lesl ie- D, Green
'Bear t/ ,'.pf / i-or J
?h1se 1.

Lake (Full Pond)

Full Pond
ShO)lIne

A barge wi II be.- used -1'01" thl"S {JrOjQ.cJ,

'~i'p ro.-p, .
~ ..It ~

LuJ-<WXjfd
. f- ~ I 'X ~J.f1 J ~l' rei

Lot it/D
Lesti ~ 'D, &reen

Please aPproximately sketch the ronowing inft?rmation on this plan
(please provide dimensions ror each item, such as 10 ft. x 100 ft):
1) All proposed vegetation clearing (provide dimensions) . ,
2) Location of rip rap or fiU to be pla-ced above the -Normal Poo'- 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.

- ~;p rCLP will be- applied fD -Mt eJJf!re- Jerph of\+f;ts
sho re- II nv, 'Tht rrp ra-p /)J ; /I, be- a-pp r D )( i' rrafel;j ;), If 1
-PeeJ I n I e.ngth 0Yd (p fed I n hei8hl-.
No e!b u] p merr!- V'l'ill be Ltsed in -the bu fter area-,

-

LOT - 7
1.50 ACRES

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,

/'~
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./ ">....
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-

1. 31

TOTAL DIST
448 4 J .
N89 'J2 32';r
1$'''''- 111I:
'Po

LOT
J Jc

508 '39' ~3"t(
2JJ. 7~'

tl"
Cll'
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r\j ,
f:) :R
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TO
S8<

~ 3~. 3/30 07 30.07

'\- -- -- --
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. ""
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'"

L

c

IPS

"

LOT
j,63

~
...

t. /9

/3.07,' ,
POINTS AT E/<IJ . .
OF ;X;' R/III

IPS

---
---
/
cr/
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~/
I
/
SETBACK
CHANGE

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LOT - jj
2,61 ACRES

L.56

J200' (,54
COli;
TOUA

t
-No'
I

J ()()' SETBACK
-- -- .- .--.

X5-Sh~
- w rip rap QPprox.
~Jf 1 +eet- t f) I erKfh 'OJJ
to -Feet ill h~19hr.

...
"

f
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S\
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0.,\
':::1

~

,
+
!
i...
I"
1-

~
t. 66' ~c

A mrge WI't I bt used +Or

+-h~5 project, No ~Ll'pmeni-
\/\UlI b IIC-ri. .
e IN-.)e.L-t f n the. b u. ffir Q r~ I

Les lie D. &reen
&ar ~Il'.pf I Lot 10

scale', '/~ I nUl; A-pproK. 55 fed-

Marion Area, NC

Omi

0.5

1.5

2

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Leslie- O. Green

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) ~~~1f~

Date 1h0J\ ~ I s-; J-o() y
f

fur C-liff
Phase- II Lot 10

Leslie Green