HomeMy WebLinkAbout20030233 Ver 1_COMPLETE FILE_20030303Michael F. Easley, Governor
OF wArFWilliam G. Ross Jr., Secretary
O pG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
O ?
March 12, 2003
Mecklenburg County
DWQ Project #: 03-0233
Approval of 401 Quality Certification with Additional Conditions.
Toan Tran
1943 Dembrigh Lane
Charlotte, NC 28262
Dear Mr. Tran:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of waters
and 1,140 ft2 of buffers for the purpose of shoreline stabilization at Lot# 6, Mt. Isle Harbor, Phase 1 on
Mt. Island Lake as you described in your application dated February 27, 2003. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
3373, which may be viewed on our website at http://h2o.enr.state.ne.us/ncwetlands. This certification
allows you to use General Permit Number 198200030 when the Corps of Engineers issues it. This
approval is also valid for the Catawba River buffer rules (15A NCAC 2B .0243). 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
Watershed 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
except as modified below. 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). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. This project is for the installation of rip rap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir;
3. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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
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), (hftp://h2o.enr.state.no.us/ncwetiands
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 919-733-1786 or Alan Johnson
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
CBC Custom Shorelines
pimek,E., Directo
WQC #3373
6. For sites with buffer rules in effect at the time of application, forested vegetation removed from buffer
areas for construction access purposes shall be re-established within the next growing season
following construction of the project;
7. That appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of the "North Carolina. Sediment and Erosion Control Planning and Design
Manual" or the "North Carolina Surface Mining Manual" whichever is more appropriate (available
from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full
compliance with all specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with the appropriate
turbidity water quality standard;
8. Rip=rap shall be installed waterward of bulkheads installed in freshwater lakes to ensure protection
of aquatic habitat. Construction over wetlands shall be elevated at least three feet above any
wetlands, and floating structures shall not rest periodically on the bottom;
9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the
original grade restored after the Division of Land Resources has released-the project;
10. If an environmental document is required, this Certification is not valid until a Finding of No
Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; -
11. Piers and boat houses shall be constructed to provide for storage and removal of sewage rather
than allowing raw waste or other sewage to be disposed directly into surface waters;
12. Additional site=specfflc conditions maybe added to projects proposed with fill under this Certification
in order to ensure compliance with all applicable water quality and effluent standards;
13. Concurrence from DWQ that this Certification applies to an individual,project shall expire three years
from the date of the cover letter from DWQ or on the same day as the expiration date of the
corresponding Regional Permit 198200030 or .198200079, whichever is sooner;
14. When written concurrence is required, the applicant is required to use the most recent version of the
Certification of Completion form to nbtify. DWQ when all-work included in the 401 Certification has
been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project shall result in
revocation of this Certification for the project and may result in crim-inal.andfor civil penalties:
The Director of the North Carolina Division of Water Quality may require submission of -a formal
application for Individual certification for any project in this category of activity that requires written concurrence
under this certification, if it is determined that the project is likely to have a significant adverse effect upon water
quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a Certification
decision if deemed in the public's best interest by the Director of the North.Carolina Division of Water Quality.
Effective date: 18 March 2002
DIVISION OF WATER QUALITY
By
Gregory J. Thorpe, Ph.D.
Acting Director '
WQC # 3373
2
OF \N4TF9 Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r
? Alan W. Klimek, P.E., Director
0 Division of Water Quality
March 12, 2003
Mecklenburg County
DWQ Project #: 03-0233
Approval of 401 Quality Certification with Additional Conditions
Toan Tran
1943 Dembrigh Lane
Charlotte, NC 28262
Dear Mr. Tran:
You have our approval, in accordance with the attached conditions, to impact 0.01 acres of waters
and 1,140 ft2 of buffers for the purpose of shoreline stabilization at Lot# 6, Mt. Isle Harbor, Phase 1 on
Mt. Island Lake as you described in your application dated February 27, 2003. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
3373, which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands. This certification
allows you to use General Permit Number 198200030 when the Corps of Engineers issues it. This
approval is also valid for the Catawba River buffer rules (15A NCAC 2B .0243). 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
Watershed 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
except as modified below. 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). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this
approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
1. This project is for the installation of rip rap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized;
2. Equipment and materials may be offloaded to the beach at the bulkhead site, but steps must be
taken to keep all equipment out of the reservoir;
3. Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
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
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
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 919-733-1786 or Alan Johnson
at our Mooresville Regional Office at 704-663-1699.
Sincerely,
JRD/bs
Attachments
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
CBC Custom Shorelines
imek, P.E., Directo
030233
CBC
CUSTOM SHORELINES. INC
628 Oakridge Farm Highway
Mooresville, NC 28115
Phone 704-660-5111 Fax 704-660-5969
cbcseawalls@aol.com
February 27, 2003
WETLANDS / 401 GROUR
MAR 0 3 2003
WATER QUALITY SECTION
We have our barge down on Mt. Island Lake at this time and the customer, Mr. Tran would like for
us to do his rip rap for him while we are there. He has already meet with Mecklenburg County and
they said it was Ok. If there is any way that you could please review this application as soon as
possible it would be greatly appreciated. We will be moving our barge back down to Lake Norman
soon. We would like to do this job for this customer while we are there. If you have any questions
please call me at 704-660-5111.
Thank You,
Bobbie
CBC
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 too 3 ®2 3 3
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650 401 ISSUED
1. Applicant Information
1. Owner/Applicant Info
Name:
Mailing Address:-
WETLANDS/401 GROUP
MAR 0 3 2003
WATER QUALITY SECTION
'&egtr"*:j Telephone Number: •8 Fax Number: 4 540 " 7 -
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter
must be attached if t e Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: ?^^
Mailing Address:
Telephone Number: O - / Fax Numbcr: D
E-mail Address:
it. 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
g h th ma and
your project. Also, see the example below for guidance. of a vie ty p
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location 6
County: Nt Town:
Subdivision name or site a dress (inlude phnumber):
Directions to site please include road numbers, landmarks, etc. (This is not pia 5,&
necessary if an adequate vicinit'ymaQ is in?luded): F?1W4
2. Describe the existing land use or condition of the site' t the time of this
application:: `
3. Property size (acres).
4. Nearest body of water (stream/river/sound/occan/lake):
5. Describe the purpose of the proposed work: ?D ?7 r Z ?- `?'?) rn4
6. List the type of equipment to be used to construct the project: _------
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls,
-etc.) below the normal pool lake level in square feet or acres: 3
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the nod al pool lake level and 50 feet land-ward in
square feet or acres:
•b. Please describe vegetation above the normal pool lake level and 50 ee land-
ward, to?be imps cted Snumber of trees for instance): JLeM
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
5x3 ? ???
Kmertn3
d ead do
S b c1
bwodL.
Please approximate4y sketch the following information 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 fill to be placed above the "Normal Pool" elevation
3) Location of rip rap or fill to be placed below the -Normal Pool" elevation
4) The location of any proposed stnictures such as buildings, retaining
walls. docks, etc.
5) The location of any excavation or dredging below the "Normal Pool"
elevation.
S) Location of construction access corridors.
? s I op e. bac,?4 'L. ?v?.?ura.l g ?e'
ge Flab- A"-0-
a +01 6 1 ope..-7
?; P Q p tit:
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800443-5193
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 FILING FEE,
PAYABLE TO DUKE POWER, TO ABOVE ADDRESS.
I. Applicant Information,
A. Name / OC fir'
B. NlAing Address ?/r ri ?
C. Telephone: ?'977 ?°?--
II. Location of Proposed Project
A. Lake d
B. Street Address egm
C. County
D. City. to%%%%n, community or la mark
E. Section I Lot # Subdivision
F. Directions to property by road I _ r
v
G. Latitude and longitude for the project site 35°011 11'?!Y ?? 58 `3 W
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 on internet site, www.nwpblast.com)
III. Description of Project a
A. Length of wall q 5
B. Material
C. Distance from property line/shoreline
IV. Intended Use of Project Area
A. Private
B. Commercial
Date D
V. Applicant Signature
NOTE: PLEASE SUBMIT COPY OF APPLICATION WITH ROAD.11vIAP
SHOWING LOCATION OF PROPERTY TO:
USARMY CORPS OF ENGINEERS
151 PATTON AVE. - ROOM AM .2 O 8
ASIfEVILLE, NC 28801-5006
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. 2/27/03
80'58'43" W 80.68' 13" W
CBC CU$-TW-.SHORELINES, INC. 2/28/2003 3502
6336 • permit fee 200.00
1005 Shoreline-operations
PAYMENT
RECEIVED
200.00