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HomeMy WebLinkAbout20000717 Ver 1_COMPLETE FILE_20000501State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr. T. Stevens, Director 1 ? • low" NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES June 2, 2000 Moore County DWQ Project # 000717 APPROVAL of 401 Water Quality Certification Thomas D. Eilert Lakeview Construction Co. PO Box 608 West End, NC 27376 Dear Mr. Eilert: You have our approval, in accordance with the attached conditions and those listed below, to fill 0.16 acres of wetlands in Moore County, as you described in your application received by the Division of Water Quality on June 1, 2000. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. 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 Water shed regulations. This approval will expire when the accompanying 404 or CAMA 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. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification. 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, P.O. Box 27447, Raleigh, N.C. 27611-7447. 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. If you have any questions, please telephone John Dorney at 919-733-9646. Rc e , . St v Attachment cc: Corps of Engineers Wilmington Field Office Fayetteville DWQ Regional Office Harold Brady, 360 East Ohio Ave, Southern Pines, NC 28387 File Copy Central Files 000717 Division of Water Quality - Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX 4 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper http://h2o.enr.state.nc.us/wetiandc.htmi State of.North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Gov Bill Holman, Secretary Kerr T. Stevens, Directo? Thomas D. Eilert Lakeview Construction Co PO Box 608 West End, NC 27376 11 V1 '' >r ? J 2n. n i; U x LAtAt46S ^ 0 J6, . . LA ` ;T, PAYMENT RECEIVED Dear Mr. Eilert: ffl:!WAJ NCDENR NORTH CAROLINA DEPARTMENT OF' ENVIRONMENT AND NATURAL RESOURCES May 5, 2000 00071: On May 4, 2000, your application for 401 Water Quality Certification for a project in Moore County was received by the N.C. Division of Water Quality. Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for all 401 applications. Your application is being returned since no payment was received with the package. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet of streams, the fee is $475. In order for DWQ to review and process your request, you must send a check in the appropriate amount made payable to the N.C. Division of Water Quality. Please call Robert Ridings or Cyndi Bell at 919-733-9817 or visit our web site at http://h2o.enr.state.nc.us/ncwetlands if you have any questions. PAYMENT RECEIVED cc: Central Files cerel R. Dorney Wetlands/401 Unit . 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper (30071? U.S. ARMY CORPS OF EN WILMINGTON DISTRICT County Moore Quad ZION GROVE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner: Thomas D. Eilert Address: Lakeview Construction Company Post Office Box 608 MAY 14 2000 m West End, NC 27376 rn Telephone No.: (910) 673-4800 NdS G80ti?' ` , ?lATER UALI;Y SE C m `? ?, CTit? C7 - 1 Zone: 17 UTM or LAT/LONG: North: 3905750 East: 630293 Size and Location of project (water body, road name/number, town, etc.): Lot #989, Firetree Lane, Seven Lakes North, in an unnamed tributary to Big Juniper Creek, Seven Lakes, Moore County, North Carolina. Description of Activity: Discharge of fill material into 0.13 acre of wetlands for construction of a house and driveway. Special condition: all unauthorized fill in wetlands other than that authorized by this permit, including subsurface gravel and piping, must be completely removed from wetlands before beginning work under this permit. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) (check all that apply) Section 10 (River and Harbors Act of 1899) Authorization: Nationwide Permit No. 26. Your work is authorized by this Regional General (RGP) or Nationwide Permit (NWP) provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide. Permit, please contact the Corps Regulatory cial specified below. Date: 12 February 2000 Corps Regulatory Official: Allen S. Davis w Telephone No.: (910) 251-4466 Expiration Date of Verification: 11 February 2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Forth 591 Revised July 1995PNGNW ,. ()0071? DEM ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): PRE-CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS THAT REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEERS 2) APPLICATION FOR SECTION 401 CERTIFICATION 3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME : Thomas D. Ei lert--LAKEVIEW CONSTRUCTION CO. 2. MAILING ADDRESS: P.O.BOX 608 SUBDIVISION NAME: Seven Lakes North CITY: West End STATE: NC ZIP CODE: 27376 CORPS ACTION ID: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : Lot #989 Firetree Lane--Seven Lakes North, West End, NC 27376 3. TELEPHONE NUMBER (HOME): 1-910-673-4800 (WORK) : 1-910-673-4800 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Harold Brady, 360 East Ohio Ave., Southern Pines 28387 1-910-692-6347 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: Moor NEAREST TOWN OR CITY: West End SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.) Lot #989 Firetree Lane across the street from Lake Sequoia and between Fawn Ct. and Pinewood Ct. 6. IMPACTED OR NEAREST STREAM/RIVER: Big Juniper Creek RIVER BASIN: Cape Ft-ar 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II) ? YES [ X] NO [ ] IF YES; EXPLAIN: WS-III 7b. IF THE PROJECT IS LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT ARE OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ X] 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION: 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [X ] IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [X ] NO [ ] IF YES, DESCRIBE ANTICIPATED WORK: To construct a residential home .?Z._dCS 9A. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9B. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.54 acres 10A. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: 0.13 acres EXCAVATION: FLOODING: OTHER: 0.03 acres disturbed DRAINAGE: TOTAL ACRES TO BE IMPACTED: 10B. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): LENGTH BEFORE: -N/A FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: CHANNEL ELEVATION: CONSTRUCTION OF A DAM/FLOODING: OTHER: 11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? N/A WHAT IS THE EXPECTED POND SURFACE AREA? N/A 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8'-1" x 11" DRAWINGS ONLY) : Fi 1 1 area for ba"Ise and construction of proposed house--Backhoe and trucks for filling 13. PURPOSE OF PROPOSED WORK: To construct a residential home 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): need to fill a portion of wetlands to construct a residential home 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CIRTICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: N/A (ATTACH RESPONSES FROM THESE AGENCIES.) 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED'PROJECT. DATE CONTACTED: N/A 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO [ X] (IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [ ] NO [ ] b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES [ ] NO [ •] IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT. QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA 27603-8003, TELEPHONE (919) 733-6369. 18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS: a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY PROJECT. c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE. d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED. e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential homes f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Septic System g. SIGNED AND DATED BY AGENT AUTHORIZATION LETTER, IF APPLICABLE. NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO: 1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT, AND 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION. A vval do OWNER'S/AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18G.)) Lj- zg DD DATE NOTES: , LINE TOTAL AREA OF LOT 33406 SO. FT. 0.77 AC. L I TOTAL AREA OF WETLANDS 23340 SO. FT.0.54 AC. L 2 TOTAL AREA OF DISTURBED WETLANDS 1265 SO. FT. 0.03 AC. 3 TOTAL AREA OF FILLED WE TLANDS 55 47 SO. FT . 0.13 AC. L TOTAL AREA OF WETLANDS IMPACTED BY PROPOS ED L 4 HOUSE 5509 SO . FT. 0.13 AC. L 5 EXISTING FILL AREA AND DISTURBED AREA TO BE RETURNED L 6 TO ORIGINAL GRADE L 7 965 L 8 ' L 9 L 10 U W E I P 990 L I I w L 12 w Cr L 13 2 rn O U ti ?. Q o c . rr a a , o o 7• do o S ? 2• ROPOS E HOUSE ?i 966 L / L 0 L9 8 ?i o ? D VE SED 11, z ^ R J. 4- E y 4- ``3a 520 , w \\\???1111 II1CA1//// \\ 0??0,,,??rrrrROC/ Qq" 1p, 987 L-2464 a LOT 989 SEVEN LAKES NORTH MINERAL SPRINGS TWP.. MOORE CO.. N.C. OWNER: LAKEVIEW CONSTRUCTION COMPANY DEED REFERENCE: DEED BOOK . PAGE MAP REFERENCE: PLAT CABINET 6. SLIDE 563 REVISIONS: 10/28/99-LOCATE WETLANDS 11/03/99-MOVE PROPOSED HOUSE RATIO OF PRECISION IS GREATER THAN 1/10.000 3`v 48,. 99• L L4 y y y BEARING N 89°52'21"W N 89°52'21"W N 63° 08' 54"W S 82° 24 ' 00' W N 83° 04' 28"W S 53° 39' 20"W S 66° 22' 16"W N 74'03'42-W S 87°29'46"W S 89°51'45"W N 74° 06' 14-W N 55° 49' 50"W N 71°08'23"W T\3 L2 EIP 0 ti DISTANCE 7.60' 17.01 26.01 17.58' 26.68' 19.13' 23.94' 23.82' 20.72 25.24 15.31 26.39' 19.01' z ` /. Q 4 / ~ ?u v' Lu r ? t U / o: r m r = 0 z XISTINGFILL ARDS y 3 75 CU. y O o EIP 50' 25' 0' 50' - 100' ti DATE SURVEY FOR 05/23/97 FILE NO. LAKEVIEW CONSTRUCTION IE PO BOX 608 SCALI- - E WEST END. N.C. 27376 PROJECT NO. 35099 CEN L C.C.S. BLDG.. HWY. 211 P.O. Box 431 U EYORS, p,,q West End, North Carolina 27376 Phone: 910-673-0151