20040493 Ver 1_COMPLETE FILE_20040330

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

April 1, 2004
DWQ Project #: 04-0493
Burke County

APPROVAL of 401 Water Quality Certification and AUTHORIZATION CERTIFICATE per the
Catawba River Buffer Protection Rules (ISA NCAC 2B ,0243) with ADDITIONAL CONDITIONS

Dennis J, Whitaker
Post Office Box 540
Boiling Springs, NC 28017

Subject Property: South Pointe subdivision, Phase III, Lot# 209

Dear Mr. Whitaker:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.0029 acres of waters on Lake James for the purpose of
installing to stabilize approximately 65 feet of shoreline, as described within your application dated
March 27, 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/ncwetlands)
Customer Service #: 1-877-623-6748

Page 2
Mr. Whitaker
April I, 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.

3. Burke County Catawba Buffer Ordinance

The proposed project must comply with the Burke County local riparian buffer ordinance
approved by the Division of Water Quality under the Catawba River Basin: Protection and
Maintenance of Existing Riparian Buffers, 15A NCAC 02B .0243(b),

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, 6714 Mail Service Center,
Raleigh, N.C, 27699-6714, 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 Complet n
GC 3373

. ur7
' i K,P,E"
Q, Director

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

DWQ # 04-0493

'l)WQ CoPy
401 ~SSUED ru r rnp~

The following is an abbreviated application form for those applying for a 4dl Wnb QH1\lyK1
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,

Applications should be sent to:

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

I.

Applicant Information

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I. Owner/Applicant Information

Name:
Mailing Address:

DENNIS 1. wmT AKER

P.O, BOX 540
_BOILING SPRINGS, NC 28017

Telephone Number: 704-434-8342
E-mail Address:

Fax Number:

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

Dwni5 1: Whdzi/{u
Sourh Pot'ntt- I Lot ;;.oq

De.nni5 1. Whita.Ker

plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
1, Location

County: _BURKE Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): SOUTHPOINTE/PHASE IWLOT 209
Directions to site please include road numbers, landmarks, etc, (This is not necessary if an adequate
vicinity map is included): FROM MORGANTON TAKE HWY 126 WEST/LEFT ON
SOUTHPOINTE DR! LEFT ON PEMBROKE DR! LEFT ON BRAXTON GATE DR! RIGHT ON
GRAYSON GREENE LANE/ PROPERTY IS AT 4948 GRAYSON GREENE LANE

2, Describe the existing land use or condition of the site at the time of this application:
VACANT, WOODED, RESIDENTIAL LAKE LOT
3, Property size (acres): _0.87 ACRES
4, Nearest body of water (stream/river/sound/oceanllake): LAKE JAMES
5, Describe the purpose of the proposed work: _TO STABILIZE APPROXIMATELY 65 FEET
OF THE 99 FEET SHORELINE OF THIS LOT, BY APPLYING RIVER ROCK, 2-5 FEET IN
HEIGHT, TO HELP PREVENT EROSION
6, List the type of equipment to be used to construct the project: A BARGE, A BACKHOE AND
HAND TOOLS

7, Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc,) below the

normal pool lake level in square feet or acres: 2' x 65' = 130 SQUARE FEET

8.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:

NONE. A BARGE WILL BE USED,

8,b, Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): NO TREES WILL BE REMOVED, NO EQUIPMENT
WILL BE USED IN THE BUFFER AREA.

J:u,~, ~ IGrgerdl -AMllIf'.4;, UO, 'fYlpAdt, nJ J,M1
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

Dwnis :r. Whdr)../{u
S o urn Pot' nte./ Lot :we;

Lake (Full Pond)
l\fve.r rocJZ, IN III be.. _ done, uSina C1- baro/"

Full Pond
ShO)1I ne

IL Proposed PIer / 6co% ~"\p
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LaKtwo.r0
ck

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Lof 1.09
Dennis Wht'-l--oJ<e-r

Please aPproximately sketch the ronowing tnff?rmatlon 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 or rtp rap or flll to be pl~ed above the -Normal Poo'- elevatJOO
3) LocatJon or rtp rap or fill to be placed below the -Norma! Pool- elevation
4) The 10catJon or 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.

- I.engfh of 5ltJreLliI~ of Lot d-i)Cj i5 o.pprOK.imaJel;j; qq-f'ed-,
_ Onl~ 1.5 .fee.t of' shoreline wiLl haVe. river rocK c,.jlpli.w
to It-.
~ 1!)c.. htl'ght of r~vef (ocJ<. will vOJ~ from ~ - 5' fd- in h+,

111'1 I . ~ inch; !lppro(, 4D fa-t r WI... '.1- \j ]
Scwe., ,"Ie th ofriv'~r2cJ(, lXnniS,:1. IlI1UJ\er.:3
~ ItPe~~\ bet.~~~ ~ ~e-,~~::; in hefgM, lOt ~~~ ~ ~~~:~,!?
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De.nnis 1 Wh'ltClKer
50u.+n 'Po1nte- /lbt ;).09

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)~ J'~

Date .J - 2>-; cf
(