20040682 Ver 1_COMPLETE FILE_20040427

Michael 1', basley, Uovemor
William G, Ross Ir" 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

May 4, 2004
DWQ Project #: 04-0682
McDowell County

APPROVAL of 401 Water Quality Certification and AUTHORlZA TIONCERTIFICA TE per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS

Ernest C. Hunt, Jr.
7112 Cypress Creek Lane
Charlotte, NC 28210-2469

Subject Property: The Arbor, Phase IV, Lot# 102

Dear Mr. Hunt:

You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact approximately 0.00459 acres of waters on Lake James for the purpose of
installing rip rap to stabilize approximately 100 feet of shoreline, as described within your application
dated April 23, 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 (Loca~on)
[phone] (phone), 919-733-6893 (fax), (http://h2o,eur,state,nc,us/ncwetlands)
Customer Service #: 1-877-623-6748

Page 2
Mr. Hunt
May 4; 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 Admini$trative 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 919-733-96.~6 or Bob Zarzecki at 919-733-9726.

Sincerely,

Attachments:

Certificate of Completi
GC 3373

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
Sue Harmon

DWQ # 04-0682

.~ 401 iSSUED DWQ C.DP~
FI'LE COpy

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:

0'40682

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

L

Applicant Information

Name:
Mailing Address:

ERNEST C. HUNT, JR.
7112 CYPRESS CREEK LANE
_CHARLOTTE, NC 28210-2469
704-552-1139 Fax Number:

WETLANDS 1401 GROUP
APR 2 7 2004
WATER QUAliTY SECrlON

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: 3,0. BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: 704-434-0706 Fax Number: 704-434-7100
E-mail Address:[e-mail]

n 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,'

f.rne.st C. l:tu.n-/j Ji:

1. Location

County: _MCDOWELL Nearest Town: NEB 0
Subdivision name or site address (include phase/lot number): THE ARBOR! PHASE IV/ LOT 102
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 102
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): _0.659 ACRES
4. Nearest body of water (streamlriver/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: _TO STABILIZE APPROXIMATELY 100 FEET
OF ERODING SHORELINE ON THIS LOT, BY APPLYING RIP-RAP TO PREVENT EROSION.
THE RIP-RAP WILL BE APPROXIMATELY 5 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 100 FT. = 200 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): _ONE TREE MAY NEED TO BE REMOVED. IF SO, IT
WILL BE REPLACED USING THE GUIDELINES OF THE LAKE JAMES PROTECTION
ORDINANCE.

~ ~J ~emf/ &..rmif-:5) EtG. Pf;1l1l :L3} JlJOtJ-
Applicant/Agent's Signature ' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

f.rne.st C. Hunt. Jr.
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P'ease aPproximatety sketch the following InfC?rmat1on on this plan
(please provide dimensions for each Item, such as 10 ft. x 100 ft):
1) All proposed vegetation c'earing (provide dimensions) '.".
2) Location of lip rap or flU to be pla~ed above the "Norma) Pool- elevat~
3) Location of rip rap or nil to be placed below the "Normal Pool- elevation
4) The 10catJo~ of any proposed structures such as buildings, retaining
walls, docks, etc.
5) The location of any excavation or dredging below the "NormaJ 'Pool"
elevation.
6) Location of construction access corridors.

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Ernest C. Hunt, Jr.

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~.rnes+ C. Hunt) Sf.

Lot 1 02/The Arbor

rrne5t C. Hunt, Jr.

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) ~C. ~ A.

Date

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