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Home My WebLink About20040773 Ver 1_COMPLETE FILE_20040511 0(( WA'SIt O~ Qc. ii5 y - r > - - -j (:) "" 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 May 26, 2004 DWQ Project #: 04-0773 McDowell County APPROVAL of 401 Water Quality Certification and A UTHORIZA TION CERTIFICATE per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with ADDITIONAL CONDITIONS Dennis J. 0' Connor 5585 Monticello Drive Concord, NC 28027 Subject Property: The Arbor Subdivision, Phase VI, Lot 158 Dear Mr. O'Connor: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.007 acres of waters on Lake James for the purpose of installing rip-rap to stabilize the shoreline, as described within your application dated April 14, 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 Plow 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://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Page 2 Mr. O'Connor May 26, 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: Certific,ate of Compl 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 # 04-0773 FILE COpy 'PerwJts, 6tc. P.o. Box 234 Boiling Springs, NC 28017 704-434-0706 704-434-7100 Fax Dw& Cop~ To: John Dorney From: Sue Harmon n 4, n-1'~1",~ ~,F." \..i ','" lo'o'.~,. -.:.". , I. '*!~ Re: Dennis J. O'Connor 401 Water Quality Certification Application The original application for Mr. O'Connor was mailed on April 14, 2004. After checking on the status of the application today, May' 10th, I was told by Rob Ridings that there was no record of the application ever having been received. Therefore, I have stopped payment on check # 1687, (to DWQ for $200) which was sent with the first application for Mr. O'Connor. This application enclosed is an exact copy of the first application sent. WETLANDS / 401 GRftl)F 481 ~SSUED PI/Yil R 1t1[;Vr rC[/~tD MAY ]1 )iJ(lLj WATER QUALITY SECTI6N~ 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: 0,40773 Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I. Applicant Information I. Owner/Applicant Information Name: Mailing Address: DENNIS 1. O'CONNOR 5585 MONTICELLO DRIVE _CONCORD, NC 28027 704-720-1127 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: Company Affiliation: Mailing Address: Telephone Number: E-mail Address: PERMITS, ETC. SIIE HAFUJION P.O. BOX 234 BOILING SPRINGS, NO 26017 104 - 4 ~4 ~o10~ Fax Number: -pr f m i \-:Se-lG@ roro I, no.. rr I CDm '104- 43Lf-7l00 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, Dennis J, O'Connor 1, Location County: _MCDOWELL Nearest Town: NEB Subdivision name or site address (include phase/lot number): THE ARB R/ PHASE VV LOT 158 Directions to site please include road numbers, landmarks, etc. (This is not ecessary if an adequate vicinity map is included): FROM MARION TAKE HWY 70 EAST/ LEFT ON CEMETERY RD/ LEFT ON IDGH TRAil- DR! LOT ON RIGHT SIDE OF THE ROAD 2, Describe the existing land use or condition of the site at the time of this application: TIDS IS A VACANT, WOODED, LAKE LOT 3, Property size (acres): _0,89 ACRES 4, Nearest body of water (stream/river/sound/oceanllake): LAKE JAMES 5. Describe the purpose of the proposed work: _TO HELP STABllJZE THE SHORELINE AND PREVENT EROSION, BY APPLYING RIP-RAP BY BARGE TO APPROXIMATELY 150 FEET OF THE 161 FEET OF 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 150 FT. = 300 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. ~thU1mVV /fJ'AmdAJ}~. . ~~ /Lf,lootf Applicant/Agent's Signatur~ D te (Agent's sig~e is valid only if an authorization letter from the applicant is provided.) De:nol:) J. O'Connor -rhe- Aroor / WJr ISg . Lake (Full Pond) Full Pond ShO)lIne usw -'Or ~ l.u.Ke.wQrd ;J.'XI50'R' /(ij) Lot I 5g De-nnfs J. 0 'CtJnno( Please aPproximately sketch the ronowing 'nf~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 flll to be placed above the -Normal Pool- elevat~ 3) LocatJon of rip rap or nu to be placed below the -Normal Pool- elevation 4) The locatJon of any proposed structures such 85 buildings, retaining walls, docks, etc. 5) The location of any excavation or dredging below the -Normal ~oo,. elevation. 6) Location of construction access corridors. 1: '~~S~~~_~i~1~~~~ ' . r ,~r;: r' . ~ll '. '. (" M i.lL.hf'-'~ ~~\ - No ~11(rmpnUtiil.Lhe Ilsetli.n..:ttr.. bu,tfer flrra.., '[innls J. 01 Connor Th~ Aroor{ lot-15S Sc.aJ Et '. I i ncll:: ftppro~. I OD ~r X IS - Srow a.ppro ~f lYl(ite-~ I 50 I j' near feefoF rl p..rnp) f..c feef l n height-- 'Prqje.J- wll l be done., b~ txL~v. -.. - n '1~ fI ~ ,,', .:.'/". ~o ~ ......'t"'l 1t. c:") ~ -;0 \'~ ~'t"'l "e.d <. -;0 ~- 'VI oG. t"\ ~ ~ 'd '-' Loke James I -----... D8 670 (Fu\ure Dl \ = (55 07 t -N- A -- Prv'P'rlv to,"" I'ollwll lJv,k, j'Mf'vv <@) 0,98 Ac. / / I / 1-.* I I~ ~ I'< Q;)' co ~ ..-Vi \ \ \ \ \... @ 1,63 Ac lIOetsnlp ...." ...... " ...- ,... on of \1'1" plol used only tht " s.oene UUity, Drainogt Easement lCl 00 [AS(I.l(NT ($ BACKING, C THl: WATERS ($ THE CATAVYaA ~, lHR()JQi ~ A WA Y fR06.I TH[ VAn()j 1210,0 rEEl ASOl,{ lH[ ;([0 BOO< 106 PAa: 870 I.lCOO'M:LL Lake James ...... ...... ...... ----... -' , '..~,._- Nebo area, NC ~-~ Dennis J. O'Connor ? \ Oml 0.5 1.5 2 2.5 Copyright 0 1988-2001 Micl'OllOltCorp, ancllor its supplle..., All rights reserved, http://www,micl'OllOlt.comIlIlreeta o Copyright 2000 by Geographic Date Technology, Inc, All rights reserved, 0 2000 Navigation Technologi..., All rights r8served, This date Includ... Informlltion wken with permission fmm Canadien authorities 0 Her Majesty the Queen in Right 01 Canada, C Copyright 2000 by Compusesrch Micromarketing Date and Systems Lid, 1)e.nni~ J. otnnor I I The ArbDr 1~~Y1 Lot 158 To: North Carolina Division of Water Quality DenY\ls J. 0' Connor I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my application for shoreline stabilization. Signature (s) Li <~(O(iy-<_.._- Date (th(c1