20040637 Ver 1_COMPLETE FILE_20040419

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 29, 2004
DWQ Project #: 04-0637
Iredell County

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

John & Kristina Boykin
14660 Rindlewood Lane
Novelty, OR 44073-9516

Subject Property:

The Point, Phase 12, Lot# 1214, Mooresville, NC

Dear Mr. & Ms. Boykin:

You have our approval, in accordance with the attached conditions and those listed below, to place fill within or
otherwise impact approximately 0.006 acres of waters and 0.006 acres of protected riparian buffers on Lake
Norman for the purpose of installing river rock to stabilize approximately 119.73 feet of shoreline, as described
within your application dated AprilS, 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. Riparian Buffer Rule:

The main-stem of the Catawba River below Lake James and along the main-stem lakes from and
including Lake James to the North Carolina and South Carolina Border is subject to riparian
(streamside or lakeside) buffer rules. The purpose of these rules, are to protect and preserve riparian
buffers. That is, these rules help to maintain the pollutant removal functions of the
streamsidellakeside areas necessary to protect surface waters. Specifically, this Rille applies to the
50-foot wide riparian buffers as described in 15A NCAC 02B .0243 (4)). Further, the protected
riparian buffer has two zones as follows: (a) Zone 1, the 30 foot zone closest to waters edge, shall
consist of a vegetated area that is undisturbed except for uses provided for in Subparagraph (6) of
15A NCAC 2B .0243, and (b) Zone 2 [the outer 20 feet, land-ward from the outer 30 foot edge of

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- I 786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)
r"___"-____ _ n . II .. n,.._ ,......... ,_ J1,...

Page 2 .,
Mr. & Ms. Boykin
April 29, 2004

zone 1] shall consist of stable vegetated area that is undisturbed except for activities and uses
provided for in Subparagraphs (4) and (6) of 15A NCAC 2B .0243.

Accordingly, this 401 Water Quality Certification and Catawba Buffer authorization allows you to
install the shoreline stabilization measures as stipulated in your application and this Certification.
The construction area, the area located immediately adjacent to the shoreline, may only extend
landward to a distance necessary to install the proposed shoreline structures. This construction area
must be stabilized immediately upon the completion of the work. Also, this approval does not
authorize grading or land disturbance of Zone I, beyond the area necessary to install the shoreline
measures or the removal of vegetation, beyond what is authorized in the Catawba Buffer Rules.
(Note: Zone I is measured from the top or of bank landward for 30 feet).

2. Erosion and Sediment Control Practices:

Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation, and operations and maintenance of such Best Management Practices:

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 Erosion and
Sediment Control Manual.

b. The design, installation, operation, and maintenance of the erosion and sedimentation control
measures must be such that they equal, or exceed, th'e requirements specified in the most recent
version of the North Carolina Erosion and, Sediment Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.

c. If land disturbance amounts are below the thresholds, where a Division of Land Resource (DLR)
or a DLR delegate program approved Erosion and Sedimentation Control Plan is not required,
then measures and control practices must be installed such that sedimentation to waters is
prevented.

3. Sufficient materials required for stabilization and/or repair of erosion control measures shall be on
site at all times. The streamside area/pond side areas must be stabilized within 30 days of receipt of
the Certification.

4. 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).

5. 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/WetIands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699.:1650.

"

Page 3
Mr. & Ms. Boykin
April 29, 2004

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 adjudicatoryhearing. 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. l50B.

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,

~' f'~

~

Alan W. Klimek, P .E.;
NC DWQ, Director

Attachments:

Certificate of Completion
GC 3373

.JRD/bs

cc: Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006
USACE Asheville Regulatory Field Office
DWQ Mooresville Regional Office
File Copy
Central Files

DWQ # 04-0637

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 appncation 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 aud $475.00 for impacts to lake bottom

of greater or equal to 1 acre. F I LEe 0 P Y

Applications should be sent to:

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WETLANDS /401 GROUP
APR 1 9 2004
WATER QUALITY SECTION

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

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Applicant Information

1.

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Telephone Number: '-I q ()- J-t./t - -.,-12'1 Fax Number:
E-mail Address:

2. Agent lnfonnation (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has si~tory authority for the owner/applicant.)
Name: &-fA
Company Affiliation:
Mailing Address:

Telephone Number:
E-mail Address:

Fax Number:

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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.

O~

2. Descn1>e the existing land use or condition of the site at the tinle of this
app~ication: l).,^<Lpv e /op~J IJ7-.. P tlrl- op~ ..f,e (J l ~a r~
+r-eJ2. c.;)v.f>re ~-

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3. Property size (acres):

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4. Nearest body of water (streamlriverlsoundloceanllake):' L - )1orlhd/l\-

5. Describe the p"urpose of thy propose<! work:
-2 'f:./ (+IV\.) .< tJ&re /[#IJ(!P-

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rul er rude.

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6. List the type of equipment to be used to construct the project:
~YNc // 10 Ad t...u~.

sIc:t'J >+r.>..()r Ido. d-Pr-.
.

7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: U _ vD ft, 1ft-

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: 0 c 00 b Ci c.

b. Please describe vegetation above the normal pool lake level and 50 feet land-
w~rd to be impacted (number of trees for in~tance): '3 -'f. .S H\-ti 1/ +r-.p~ ~ ~ N" j
.-h) Io-e r -e-w..,ypJ aJot\.j ~ f...e,..p /'/II.!> Se-e pi t.-iur-e j

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AppI cant! Agent's Signature Date
(Agent's signature is valid only if an authorization Jetter from the applicant is provided.)

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Please approximately sketch the following information on this plan
(please provide dimensionS for each Item, such as 10 ft. x 100 It):
1) All proposed vegetation dearin9 (provide dimensions).
.2) Loc;ation of rip rap Of" fill to be placed above the M Pond 'elevatlon
3) Location of rip rap or fill to be plaCed below the - FuI Pond elevation
4) The location of eny proposed structures such as bUIldIngs, retaining
walls. docks. etc.
S) The location of any excavation 01" ctredging below the fuR Pond
elevation.
6) Location of constructIOn access corridors.

i) In,'''';'''''' vita...;)'. PoS5; 61.., .2' > -+r -<,.<'5,

<;) tli) dnd7;I1S V\~Rkf2...(4r piat."'m4li rll/er .r.Jck.,

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CURVE TABlE

DUKE POWER LAKE MANAGEMENT, EC12-Q

POBOX 1006
CHARLOTTE, NC 28201-1006

704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA

Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER. TO
ABOVE ADDRESS.

I. Applicant Information "
A. Name J~Alf' ~ KrJS h,^-ef- 20,/ I</Y'-
B. Mailing Address I q 6/Po e;Y\ d 1-'4 LlJot)d L,,- nOlle [-If" /)1-1 L/'to/Z" -Q5/to
c. Telephone: 4'-10 - ;)- i-fi- II J../

V. Applicant Signature -,~.uiti.Vt;A .J

PLEASE NOTE THE FOLLOWING:
. A COpy OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTON AVE. - ROOM 208,
ASHEVILLE, NC 28801-5006

II.

Location of Proposed Project

A. Lake n o-rwu:7"-
B. Street Address Va. ca.,.:;f
C. County :::rr~ d~ II
D. City, town, community or landmark
E. Section P ka S"..e 12- Lot # l 2- I t-/
F. Directions to property by road

lot

In t},)ret; i/i ill'
Subdivision -r1V2-

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Po/it;;/-

G. Latitude and longitude for the project site 35" 3 i' 0 f{" III ~ 0 5 ~" 3 0 I J,v/
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude! longitude coordinates can be found 0: ,j-,ief.>' ::ik
www.mapsonus.com.Directions:Don.tregister.click <<Maps", enter address, draw map, select "Map
Clicking WilL..", select "LatILong", click map)

III.

Description of Projed
A. Length of wall
B. Material J
C. Distance from property line/shoreline

Intended Use of~ject Area.

A. Private 1/
B. Commercial

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Date

I-f ~ j-c.) ~!

o~ {?,/as+ 1'\.) slwre~~12

IV.

. A COpy OF THE "DUKE POWER APPLlCA nON FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLlCA nON" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:

NC DIVISION OF WATER QUALITY
ArrENTION: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
919-733-/786

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