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Home My WebLink About20040608 Ver 1_COMPLETE FILE_20040709 WETLANDS/401GROUP ..l6' r ^' Certificate of Completion JUL 1 ~ '1 -lAP -mr- . 0 9 2004 DWQ i>r.,ject No.: 101JJTl~NI".,l-1 &. ~ County: filc.. b C) ~ [)II~U IY SECTION A.. Ii t I~mer-C I J E>WY1Se.Y\.ct pp can : . Project Name: skb ,Il-G ~+-tb f\ Date of Issuance of 401 Water Quality Certification: cM6e SA- yrv€> S LD + / 5' ~ S--)ti}OY Dk~ I-h)^-/~ h(, bWGl 4~/()y 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 Certification I, ~mec<-.. c. JD().)n8~<i , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such th~t 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 0 er supporting materials. .~ Signature: Date: 7 {(p / ~ If Agent's Certification I, , 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: . If this project was designed by a Certified Professional 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: 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 21, 2004 DWQ# 04-0608 McDowell County Mr. Homer C. Townsend 633 Kemp Road Mooresville, NC, 28117 APPROVAL of 401 Water Quality Certification and Catawba River Buffer Rules with Additional Conditions Subject: Townsend Property, Lot 159 Dear Mr. Townsend You have our approval, in accordance with the attached conditions, to place fill in 0.007 acre of waters at Lake James in McDowell County, as you described in your application received by the Division of Water Quality on April 16, 2004. After reviewing your application, we have decided that this work is covered by General Water Quality Certification Number 3373, which can be viewed on our web site at httD://h20.enr.state.nc.us/ncwetlands. This Certification allows you to use . Regional Permit Number 198200030 when the Corps of Engineers issues it. This approval is also valid for the Catawba River Mainstem and Lake Buffer Protection Rule (15A NCAC 2B .0243). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not)imited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. 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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. This project is for the installation of a rip rap bulkhead to prevent further erosion of the property due to wave action. The use of mechanical equipment on the beach must be minimized; 2. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be taken to keep all equipment out of the reservoir; 3. All equipment must be clean and free of leaks. Should any fluid start to leak from equipment, that equipment shall be immediately removed, and all pollutants shall be cleaned up; 4. A spill control plan shall be in place and on-site at all times during construction. Equipment needed to implement the spill plan shall be readily available; 5. Rip-rap shall be clean, washed, natural stone; 6. Rip-rap installation shall not result in any net increase of land area; 7. If trees are removed from Zone 1 of the Catawba Buffer directly within the construction access corridor, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project; .. 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://h2o.enr.state.nc.uslncwetJands) Customer Service #: ] -877-623-6748 Mr. Homer C. Townsend April 21, 2004 Page 2 of 2 8. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 9. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 10. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed; 11. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified,in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. If you do not accept any of the conditions of this certification, 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. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Kevin Barnett in DWQ's Asheville Regional Office at 828-296-4500 or Cyndi Karoly in the Central Office at 919-733-9721. Questions regarding the Catawba Buffer Rules should be directed to Bob Zarzecki in Raleigh at 919-733-9726. s~~~ r AlanW. Klimek, P.E. AWK/cbk Attachments cc: Corps of Engineers Asheville Regulatory Field Office DWQ Asheville Regional Office Central Files File Copy Sue Harmon, P.O. Box 234, Boiling Springs, NC, 28017 040608 " DLt.X)i Cepcr 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 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 ,.. 0-4n6nQ ftLE COpy 401 ISSUED Name: Mailing Address: HOMER C. TOWNSEND 633 KEMP ROAD _MOORESVILLE, NC 28117 704-662-0204 Fax Number: WETLANDS /401 GROUP APR 1 6 2004 WATER QUALITY SECTION L 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 Telephone Number: 704-434-0706 Fax Number: E-mail Address:permitsetc@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 \totY\er C. 16wnScnd 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. 1. Location County: _McDOWELL Nearest Town: NEBO Subdivision name or site address (include phase/lot number): THE ARBOR! PHASE VII LOT 159 Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): FROM MARION TAKE HWY 70 EAST/ LEFT ON CEMETERY RD/ LEFT ON HIGH TRAIL DRfLOT ON LEFT SIDE OF THE ROAD 2. Describe the existing land use or condition of the site at the time of this application: THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT 3. Property size (acres): _0.93 ACRES 4. Nearest body of water (stream/river/sound/oceanllake): LAKE JAMES 5. Describe the purpose of the proposed work: _TO STABILIZE THE SHORELINE AND HELP PREVENT EROSION BY APPLYING RIP-RAP TO THE APPROXIMATE 160 FEET 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, 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 160 FT. = 320 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. ~l L ~ I ~lj)1:t) f .M/nIl~), f,~. {1pJUl /3. ~lJ{)1 Applica t/ Agent's Signature . Date' (Agent's signature is valid only if an authorization letter from the applicant is provided.) Homer C. lOwnsend 1lL1kbor I U>-r /59 Lake (FuJI Pond) A I:XiT8t Wi I ( be. u.sed -IVr +111S prQje-d. Full Pond ShO)lIne l...oJ<w.:urd r Jv' X lloO' R,' ~ ~ Homerlown5end LD'~ 159 '. Please aPproximately sketch the fonowing inft;>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 of rip rap or fin to be placed above the -Normal Pool. elevat~ 3) Location or rip rap or fin to be placed below the "Norma! Pool. elevation 4) The locatioI'! of any proposed structures such as buildings) retainlng walls, docks, etc. 5) The location of any excavation or dredging below the .Normal 'Pool" elevation. 6) Location of construction access corridors. \he. e.nhre. le.nglh ot tflt 6horeJ tne.) 11,,0 -Peel) will h(j.v~ riP" rap o..p p l i edfn It. The ri p - ro.p w'd I be llff> r ox 11J'Ul.f-el~ t, fee./-- 'j n. h e-t~J- · - No eiflw p ment will be LtSea in tAe. buffer area.. 2 .... 1. ~ '"' c .~ 0' QJ \ff E .1 ::l '.I""" C :.. 0 ~.~ ~ E '0 ~~ 0 ,CD .9 i ,jio.~ )0: .- is; .2 , .. ~ .\ J a 1ne s ~omer C, Towt\Send fht- Prrbor/ LD+ 159 ",,' 5Cllk ~ I ,nch ; Appro~, I Coo -fed- - ~ fJ\. %\% ";1iJ .. ~ 0<;"\ -'C'"> 1f.\~ & \. \ \ -.: ~ ~- Show r'fp-,rCLp approx.. I CoD fee;t' j-y\ length.. I~ g and (p fed-II') heJ9h\. 5 1 - rN- ^ '-- @ 0.85 Ac, Pro~f'(lI L'nt j'lHU>1uI l)u.k, t~'IV ~ \. C@ Homer Townsend Omi 0.5 1.5 2 2,5 Copyright C 1988-2001 Microsoft Corp. and/or its suppliers. All rights reserved. http://www.microsoftcoml_ C Copyright 2000 by Geographic Da1a Technology, Inc, All rights reserved. C 2000 Navigation Technologies, All rights reserved. This data includes infonnation taken with pennission from Canadian authorities C Her Majesty the ~n in Right of Canada. C Copyright 2000 by Compusearch Micromarketing Da1a and Systems Ltd. Homer TownSend IheArM-1 Ph1~ 'if Lot 159 -. . ' ' to. \-tomer C. ~wh5€1\d 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) ~_Q-l.L/lA--h ~ cr~ ~ J '7&iN lfl<--el \ Date "'/ At I 0 y