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HomeMy WebLinkAbout20040430 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) (919) 733-1786 (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:Dermitsetc@carolina.rr.com 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 " , /'~ !):. . ./ ">.... ~ 'i ~ .'i '-0' ~ Ir) .;-~ ~ .... " !2 - 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' ? ~ r\j , f:) :R ~ ~ TO S8< ~ 3~. 3/30 07 30.07 '\- -- -- -- /. ~ . "" '" '" L c IPS " LOT j,63 ~ ... t. /9 /3.07,' , POINTS AT E/<IJ . . OF ;X;' R/III IPS --- --- / cr/ ~ ~! ~/ I / SETBACK CHANGE ! j:!. !.... 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 \ S\ \ 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 Copyright e 1988-2001 Microsoft Corp. and/or its suppliers. All rights reserved. htlp:/Iwv.w.microsolt.comlstreets @Copyright2OOO by Geographic Data Technology, Inc. All rights reserved. @2OOO Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities e Her Majesty the Queen in Right of Canada. e Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd. 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