20040620 Ver 1_COMPLETE FILE_20040427

MichaelF. 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

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April 27, 2004
DWQ# 04-0620
McDowell County

Mr. Charles Salebra
333 Buckingham Road
Winston-Salem, NC, 27104

APPROVAL of 401 Water Quality Certification with Additional Conditions:

Dear Mr. Salebra:

You have our approval, in accordance with the attached conditions, to place fill in 0,0047 acre of waters at Lake James
in order to stabilize the shoreline on your property in McDowell County, as you described in your application received by the
Division of Water Quality on April 19, 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
http://h20.enr.state,nc,us/ncwetlands.This Certification allows you to use Regional Permit Number 198200030 when
issued by the Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead
with your project including (but not limited 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, Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the state until the
concrete has hardened;

2, This work shall not involve a net increase in land area encroaching upon the existing surface area of Lake James;

3. This project is for the installation of a bulkhead to prevent further erosion of the property due to wave action, The
use of mechanical equipment on the beach must be minimized;

4, Equipment and materials may be oft loaded to the beach at the bulkhead site, but steps must be taken to keep all
equipment out of the reservoir;

5. 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 Notice Application, 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;

6, 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;

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:/lh2o,enr.state,nc,uslncwetlands)
Customer Service #: 1-877-623-6748

Charles Salebra
April 27, 2004

7. 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.

8. You are required to return the attached Certification of Completion form tonotity DWQ when all work included in the 401
Certification has been completed,

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, 6714 Mail Service Center,
Raleigh, N,C, 27699-6714, 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. It you have
any questions, please telephone Kevin Barnett in DWQ's Asheville Regional Office at 828-296-4500 or Cyndi Karoly at 919-
733-9721,

. s~'~

r AlanW. Klimek, P.E.

AWKlcbk

Attachments

cc: Corps of Engineers Asheville Regulatory Field Office
Asheville DWQ Regional Office
Central Files
File Copy
Sue Harmon, P,O, Box 234, Boiling Springs, NC, 28017

040620

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DwQ CoPt

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,

Application. .bonld be .ent to: \'O'OU ~\)

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

filE COPY

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Applicant Information

WETLANDS /401 GROUP

1.

Owner/Applicant Information

APR 1 9 2004

Name:
Mailing Address:

. CHARLES SALEBRA WATER QUALITY SECTION
333 BUCKINGHAM ROAD
WINSTON-SALEM, NC 27104
336-723-4135 Fax Number:

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:

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

C.har I eS 5u.leb~

1. Location

County: _MCDOWELL Nearest Town: NEBO
Subdivision name or site address (include phase/lot number): THE ARBOR! PHASE IV/ LOT 75
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 DR! RIGHT ON BEACON RIDGE DR! RIGHT ON SYCAMORE DR! LEFT
ON HARBORSIDE DR TO LOT 75
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): _0.688 ACRES
4. Nearest body of water (streamlriver/sound/oceanllake): LAKE JAMES
5, Describe the purpose of the proposed work: _TO STABILIZE THE SHORELINE AND HELP
PREVENT EROSIO~ BY APPLYING RIP-RAP TO THE ENTIRE 103 FEET OF SHORELINE OF
THIS LOT. THE RIP-RAP WILL BE APPROXIMATELY 8 FEET IN
HEIGHT,

6. List the type of equipment to be used to construct the project:

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 103 FT. = 206 SQUARE FEET

g,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,

A BARGE, A BACKHOE

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.

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Applicanti' Agent's Signature l' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided,)

_. .____._._.._.~ _____.u..__" _

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.1h<: Arbor I Lot '15

Lake (Full Pond)

It b:1rg (, will be U5ed -f1>r rhi S ~
Full Pond
ShO)lne

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Lot .#- '75

Please aPproximately sketch the foJJowing inf~rmation on this plan
(please provide dimensions for each Item, such as 10 ft, x 100 ft):
1) AJI proposed vegetation clearing (provide dimensions)",
2) Lo~atjon of rip rap or fin to be plaeed above the wNormal Poolw elevat~
3) Location of rip rap or fin to be placed below the wNormal Poolw elevation
4) The locatio~ of any proposed structures such as buildings) retaining
walls, docks) etc, '
5) The location of any excavation or dredging below the -Norma! 'Pool-
elevation,
6) Location of construction access corridors,

I:: A-tl lo3' ine.ux -red- of tn':5 ~(eJ fne- Wilt MV~
h p- rc>.p o...ppl ied 1-0 It-, '-me. ri p - r fJ-p wi II b~ ·
O-.?~ro)l-' motelJ i.fed 11'1 he.ic;rltl-,

_ No elbulpment will ~e.. u.se-d in +ht buffer eifea-,

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Cho.r\e-s Sale-bra.,
-me. Arbo r / Lot '15
scaJe.-: , f'nc.h ~ tlppro'J.. 100 ~

show llpprox, 103 /inelLr .feet- of
ri p~ rap) ltf>prOx.i~ <3 -teet in he-(~hI-

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Charles SaJebra

Lot 75ffhe Arbor

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Q.ho.r1es SaJe-brQ

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.

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Signature (s) (. '. . .

Date e; 140c,(