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Home My WebLink About20040592 Ver 1_Complete File_20040420 MIChael j-<, tlaSley, vovemor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E" Director Division of Water Quality Co1een H. Sullins, Deputy Director Division of Water Quality April 20, 2004 DWQ Project #: 04-0592 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 Larry M, Johnson 818 Deep Woods Drive Marion, NC 28752 Subject Property: Bear Cliff, Phase I, Lot# 5 Dear Mr, Johnson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.002 acres of waters on Lake James for the purpose of installing rip rap and a retaining wall to stabilize approximately 40 feet of shoreline, as described within your application dated April 12, 2004, After reviewing yoti~ 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, AJso, 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://h20,em,state,nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Page 2 Mr. Johnson April 12,2004 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, 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 Comple 'on 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 # 04-0592 .' . ~ D WQ. (1pCf FILE COpy 401 ISSUED 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 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 ofless 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 W etlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 0''\ h n ,J; ,ili : !.,' -' .If I..c ""~. "j tl "'. ij, ' :. Name: Mailing Address: LARRY M. JOHNSON 818 DEEP WOODS DRIVE _MARION, NC 28752 828-659-8193 Fax Number: WETLANDS' 401 GROUP APR 1 4 2004 WATER QUALITY SECTION I, Applicant Information 1. Owner/Applicant Information Telephone 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_ 704-434-0706 Fax Number: 704-434-7100 Telephone Number: E-mail Address: yermitsetc@carolina,rr,com IT. 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 plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other facilities must be included. Larr~ M. Johnson 1. Location County: _McDOWELL Nearest Town: MARION Subdivision name or site address (include phase/lot number): BEAR CLIFF/ PHASE II LOT 5 Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): FROM MARION TAKE HWY 221N/ RIGHT ON HANKINS RD/ LEFT ON LAKE JAMES RD/ RIGHT ON BEAR CLIFF DR! LEFT ON CEDAR RIDGE DRIVE 2. Describe the existing land use or condition of the site at the time of this application: THIS IS A LARGE, VACANT, WOODED LAKE LOT 3. Property size (acres): _1.64 ACRES 4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES 5. Describe the purpose of the proposed work: _TO STABILIZE THE SHORELINE AND HELP PREVENT EROSION BY APPLYING RIP-RAP TO APPROXIMATELY 40 LINEAR FEET OF THE SHORELINE. THE RIP-RAP WILL BE APPROXIMATELY 6 FEET IN HEIGHT. 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 FT. X 40 FT. = 80 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. ~ILL ~ I 0prJ} {}iA~} f.k.,. ~ I;)., dm'f Applica /Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Larr~ M, .John S1m .:fu-r Cliff I wt 5 Lake (Full Pond) Full Pond ShO)lIne A barge, will be. usedtbr this prejed, , ~ La.ke-u:urd - - CLP Larry rY\. JohnSOXl Lot 5/0eur Cli FF Please aPproximately sketch the foUowing infC?rmation 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 rip rap or flU to be pla,ced above the "Normal Pool. elevat~ 3) Location of rip rap or fill to be placed below the "Normal Pool. elevation 4) The locatJo~ 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. '1( me- IUlgth of' ~ .shondlne- of th,S 'tit 15 ~prq}d:n~ \ q 0 I i neD-I' M, ApprD ii mtl-~ LID -fed- uf shor eJ t'De- \f'Iill M-V(l. rip-ru.p o.pplied to it, 1he. hei~hf Df +k rtp ra{) Wi'll be..- appro~t'n:aJeJo (p +e.et-, - Nt) eClIJIOmeJ1t Y'J', II b~ US-eD i n +he buffer GrelL { LOT - 4 J,59 ACRES Larr~ 1Y\. ~hnstfn 13ear el~fF rV/,V~ , Lot-5 r~ O~ ~ <a ~ ~ ;;.>. IPS IPS 142,56' 583 '53' 30-/11 -4: ~ ~ .... JO"" 10, '" IPS CONTROl.. CORNER LOT - 2 j, 46 ACRES ~ ~ !") . ~ PI I{).... , ....C/') ~ ~c; Ol~-J 't ~ o .... LOT - 3 j,62 ACRES ~ , <\I 01 -. CI)' .<\1 ~~ ~ . \J) \- 7/ ~~~ /. ",h ~~ ~ / Cll\l _ -v.-.. 0 / "'/ 10() , -- __ seT 1l.4c. __ I( ---- LOT - 5 J.54 ACRES 'i ,-- '\ ~ C\i IPS IPS 11,69' ';'; \- 1..32 , CONTOUR j200 ~ A LAKE JAMES Rrp~ru..p --1 (40 I ;near fed-) LOT - 7 , .... j, 50 A CR / ~~ ~J ~"> ~'$ ,.., ~'" ! ~ ,. ~ , ~ ~ Sc.oJe', I inch ~ Approx. IDo I Appro Xl moJe.I~ 40 1,'(\e!U Put of np- rCL{J QPptl'e..d b ,~ a.ppro~ i mate., lQo I shorelinv. The n p"" ro...p Will b~ o.pprOKlmaJ-e1t (p -fed In he.ijhf. 1.47 .1200 ' /. Ci Omi 0,5 1,5 2 2.5 Copyright C 1988-2001 Microsoft Corp. andlor its suppliers. All rights reserved. http://www.microsoft.comlstreets C Copyright 2000 by Geographic Data Technology, Inc. All rights reserved, C 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities C Her Majesty the Queen in Right of Canada, C Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd, larr~ M. JOhn!On 'Bear Cliff Lot 5 . . . ~ La.rry Yv\. :kht150f) ~r C. \ iff {Lin- 5 To: North Carolina Division of Water Quality I give Sue HannOD, of Permits, Etc" permission to sign as my agent on my application for shoreline stabilization. Sigoature(S~ ~ Date ~fty