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HomeMy WebLinkAbout20041157 Ver 1_COMPLETE FILE_20040715AlkINELJOL-Aw NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor August 3, 2004 Jacqulaine Talbert 1859 Kale Road Catawba, NC 28609 Subject Property: 1859 Kale Road William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director DWQ Project # 04-1157 Catawba County Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with Additional Conditions Dear Ms. Talbert: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 0.01 acres of waters and 750 square feet (ft) of protected riparian buffers for the purpose of constructing a seawall and installing rip rap to stabilize approximately 150 feet of shoreline, as described within your application dated May 17, 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 to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Shoreline 150 (feet) Waters 0.01 (acres) Buffers 750 (square ft.) 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733.1786 / FAX 919.733-6893 / Internet: htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarohna .Vaturally Jacqulaine Talbert Page 2 of 2 August 3, 2004 2. 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). 3. 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. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. 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 fob 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, AWK/bs Enclosures: Certificate of Completion GC 3373 Catawba Buffer Fact Sheet .Klimek, E. cc: Todd Hefner, Top the Hill Construction, 106 Friendship Church Road, Taylorsville,,NC 28681 Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office DWQ Mooresville Regional Office File Copy Central Files Filename: 04-1157 Jacquelaine Talbert (Catawba) 401 e?? NCDENR Michael F. Easley, Governor August 3, 2004 Jacqulaine Talbert / 1859 Kale Road Catawba, NC 28609 Subject Property: 1859 Kale Road North Carolina Department of Environment and Natural Resources Division of Water Quality William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director DWQ Project # 04-1157 Catawba County Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B.0243) with Additional Conditions Dear Ms. Talbert: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately acres of waters and square feet (ft) of protected riparian buffers for the purpose of constructing a seawall and installing rip rap to stabilize approximately 150 feet of shoreline, as described within your application dated May 17, 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 to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved Ogg The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Shoreline 150 (feet) Waters (acres) Buffers (square ft.) 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699.1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina naturally Jacqulaine Talbert Page 2 of 3 August 3, 2004 2. 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). 3. 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. h 7depicted s of any condition herein set forth may result in revocation of this Certification and may result in criminal ?1! vil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA . If you do not accept any o f the conditions of this Certification (associated with the approved wetland or stream A? 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 VV 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. ?l AWK/bs Enclosures Certificate of Completion GC 3373 Catawba Buffer Fact Sheet Sincerely, Alan W. Klimek, P.E. cc: Todd Hefner, Top the Hill Construction, 106 Friendship Church Road, Taylorsville, NC 28681 Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office DWQ Mooresville Regional Office File Copy Central Files Filename: 04-1157 Jacquelaine Talbert (Catawba) 401 DUKE POWER LAKE MANAGEMENT, EC12-Q 4"W) daJ UE'r 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. 5 7 1. Applicant Information A. Name___: C-- --------- B. Mailing Address---?- C. Telephoner ----- 11. Location of Propo/eed Project A. I:ake _.-_ 1_16j, (YLA _ B. Street Address 125 C. County` A--_.. -ZL D. City, town, community or landmark E. Section Lot # F. Directions to property by road; Subdivision A? ?'.1, &I h? _ 4 G. Latitude and longitude for the project site ..-- H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc-) showing the ie exact location of the project site. (NOTE. Latitude/ longitude coordinates can be found,., www.mapsonus.eom. Directions: Don't register, click "Maps", enter address, draw map, select "Map Clicking Will. select "Lat/Long", click map) Ill. Description of Project A. Le all ?ErDS140' rpnUF ngth of ?^I B. Materialk_-_??'?t C. Distance from property 2004 IV. intended use of Project Area WAtERQ')AL 7y SEC A. Private Tf0AJ B. Commercial— Datc_ V. Applicant Signature _- PLEASE NOTE THE FOLLO_ wN_OF THE • A COPY OF THE. COMPLETED APPLICATION WIT14 A ROAD AP 1 SOl P NG UO AT I N ROOM 208, PERT MUST BE SUBMI-ITED TO: U.4 ARMY CORPS OF ASHEVILLE, NC 28801-5006 IN NORT14 SHORELI THE, STABILIZE OPY OF THE "DUKE POWER. APPLICATION FOR PERMIT NC DIVISION OF WATER QUANITY WATER CPRE- AC CAROLINA" AND SEVEN (1) COPIES OF THE COMPI,E CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH TIIE DIVISION O QUALITY APPLICATION FEE TO, NC DIVISION OF WATER QUALITY ATTENTION: JOHN DORNEY PARKVIF,W BLDG., RALEIGH, 21 C AB REE BLVD. 27604 919-7.33-1786 l(I If, (I2-t, 'I're following is an abbreviated application form for those applying for a 441 Water Quality Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or bottom under the U.S. Army Corps of Engineers Permit CP30. 'Phis Application cannot be used for wedded or stream impacts. Please provide seven (7) copies of this applicad-Da and supporting Information as well as a son-refundable application fee to the ]Division of Water Quality of $204.00 for impacts of to lake bottom of less than 1 sere and $475.00 for impacts to lake bottom of greater or equal to I acre. Applications should be seat to: Division of Water Quality Wetlands Unit: 1650 Mail Service Center Raleigh, NC 27699-1650 [. Applicant Information 1. Owner/Applicant Mailing Telephone Number: 2 _,2.&A,2f Fax E-mail 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the A nt has si tory authority for the owner/applicant.) Name: o r - Company Af iation: 2 Mailing Address:_jn f. ?,.y? r / - Telephone Number: Fax Number:__VJ _J" 9 E-mail: Address: H. Project Information Attach a vicinity neap 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 snake a hand sketch of Please approximately sketch the following information an this plan (please provide dimensions for each Item, such as 10 ft. x 100 ft): 1) All proposed vegetation clearing (provide dimensions). A Location of rip rap or fill to be placed above the Ful Pond elevation 8) Location of rip rap or 91 to be placed below the Full! Pond elevation 4) The location of any proposed structures such as buklings, retaining wails, docks;`etc. 6) The location of any excavation or dredging below the Full Pond elevation. 6) Locadon of construction access corridors. Na 1c5 t f ^ j' U ?? O u0 ?w,64 s?A6;(??? Fhc ba?K k e) L-A se( + old tJ r, ?A?`-s s ?.? mo1}cd ..?,? le&e t will 6n- ?e DUKE POWER DIRECTIONS BY ROAD FORM Lake Use Permit Applicants *aid Contractors: Ease of locating the pcoposed project site can have a big impaction permit processing time. Phase complete this form and return it along with your completed permit application to: DUKE POWER C/O LAKE MANAGEMENT - EC 12 Q PO BOX 1006 CHARLOTTE, NC 28201-1006 1-800443-5193 Applicant's Name: Street Address (at lak rtfd2l r Lake Name: _ ?.. r C - - ------ ------ -- - - Subdivision Name: Property Scc.tion: s__ ___-------_ --. Lot tl oust ?1zk4ek)- - aZP.t? JCS City: --- ( : ? ---- r- 'a°:. ?--- State: _ --- -- --liP _ V?P_t. Type of Permit Requested "Circle": Private Facility Commercial Facility Excavation tabitlzatlon .onvcyancc Misccll..mcuus Use, Directions (from major road or highway): ,-?-° r- o rl- OD (rtJ?A` d ••?-? -Hie - -f o ?•`?-? S-faP Sa n t h j. Ocsc.riptive Structure on Properly (i.e. brick garage, white li-nc'i , rtiobil home, etc): i?b YV\-r- 4-)/ -5? to P 6 a-.,- a? a `No(n •. 1'uNc titC 1>a<k of ltei torm itde iced (o d1 A%% it; a marl (n 11- S I W e'l' i it nt.e r.;, o6.( Ut r.UTMA)Iltl ( rt rra; l,c,. It I l ifr ; ):: Page 1 of 1 a;,i-?? / http:,I/mapsonus.switchboard.com/tcIients.pub/tu.0/207Od/50"--40e 1 W01240b.196f.5.40e I ba... 6/29/04 MSN Maps & Directions - Map Print ll'MV Maps & Directions 1859 Kale Rd, Catawba, NC 28609 Page 1 of 1. ' r:cah,n Mlowelt'" w?i?t" rdn.?r 1859 Kale Rd, Catawba, NC 286019 k" "IM,". MapPoint' It ti S. t s .t 9 ' 02004 MIoiosoa Cop 02009 lW^d, and JorGO T, lot Your right to use .nilpps_and. routes gen_ereted_on the MSN service s_subject at all times tothe MSN Terms of Use. Qua credits, copyftht_and disclaimer. ( 00,- C?' http://www.mapblast.com/(xgcab255bi hr3siouv4rlc55 )/PrintMap.aspx CiJ... 6/2!04