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HomeMy WebLinkAbout19970006 Ver 1_COMPLETE FILE_19970102State of North Carolina Department of Environment, Health. and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Ms. Carol and Mr. Arthur Bonham 5900 Holiday Shores Ave. Nebo, NC 28761 Dear Mr. and Ms. Bonham: "'4 ??HNF1 January 15, 1997 McDowell County DWQ Project # 970006 You have our approval to place fill material in 160 feet of shoreline for the purpose of stabilizing the shoreline at Lot 33, Waterglyn on Lake James, as you described in your application dated 30 December 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 2674. This certification allows you to use Regional Permit Number 030 when it is issued by the Corps of Engineers. 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 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. In addition, you should get any other federal, state or local permits before you go ahead with your project. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General 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 Domey at 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office Y VeM, 9,411 Central Files Sincerely, resto*Hoard, Jr. 970006.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper 5900 Holiday Shores Avenue Nebo, NC 28761 December 30, 1996 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, NC 27607 Dear Mr. Dorney: 401 ISSUE RECEIVED JAN ©2 jy97, FNVlR C!?' ?MFNTq?uS NCES 97 0006 In accordance with the attached Regional General Permit Authorization 198200030, we are required to obtain a Section 401 water quality certification. We own Lot 33 at Waterglyn on Lake James, a residential development. Prior to building our home we will stabilize 160 feet of shoreline, the details are on the pre-construction notification application and Regional General Permit. Seven (7) sets of the following documents are enclosed: Regional General Permit Number 198200030) Pre-construction Notification Application Waterglyn Development Preliminary Plat Map Marion East Quadrangle extract showing Waterglyn on Lake James Vicinity Map Fish and Wildlife Service Response If you have any questions or concerns, please call us collect at (704) 584-3773. We are anxious to begin construction and appreciate your help in processing this request. Sincerely, Carole R. Bonham Arthur E. Bonham Attachments: As noted I s *. - 10 401188UED DEM ID: CORPS ACTION ID: f 0 NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): iq / C/) v ? /?; T ???<??? ?.1z. / /f -=? c?•il.? }_- ?' ?RE-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 : Aw-A 2. MAILING ADDRESS : :_t )_h/,)0 U611 CITY: b o STATE: SUBDIVISION NAME: `q ZIP CODE: PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE) : //1_?l f lee?/L/,n _e) f _? 3. TELEPHONE NUMBER (HOME) : (WORK) 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: /A 5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: r)<:? ?0 Gc_} c'. / / NEAREST TOWN OR CITY: 1 . f . , • SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):. -f ; 1- 1 46 h ?-? (c? L( 1 &e- 6. IMPACTED OR NEAREST STREAM/RIVER: ?? ? ?? /n L`' RIVER BASIN:. ayll 1 1 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 [ ] NO [ ] IF YES, EXPLAIN: f:' 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ]• NO P\ 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OFCOASTAL 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 IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONA INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION) : 8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ ] NO y IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: ??•>a cp 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: e- 2 J . . D 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: EXCAVATION: FLOODING: OTHER: DRAINAGE: TOTAL ACRES TO BE IMPACTED: f 1II 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF, RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: AVERAGE DEPTH BEFORE: FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: 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? i\lf4 WHAT IS THE EXPECTED POND SURFACE AREA? /Vfh 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY) : a Y-..i ( ?? 1 ? ?r A, n p 6a 4? 4? 6) C Ik 7L o e, e,-(epj 13. PURPOSE OF PROPOSED WORK: ?2 Res ?s?? F= T1 i! lYtlz' I co", f c? h'?- G? ? ?/?k?r?, h ? (-? n (? r?' ? ?' ??c'!1 'f- t' ?` '7?k /? ?? •.(-'-?'. D •? t C n 3 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS): nl its r\ i s C'yn4p- r //- jo--fe . ", l h f- Q le,- v Jig ?? r> - 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 CRITICAL HABITAT. IN THE PERMIT AREA THAT MAY BE AFFECTEED? BY THE PROPOSED PROJECT. DATE CONTACTED: ??//?i/? ?¢,??4?7? ,???L?f /?? (ATTACH RESPONSES FROM THESE AGENC ES.) 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: ?1Z' ?- 'ti ?? i, i'L? ???` ,? f' 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE), LAND? YES [] NO t (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 [I . b. IF YES, HASTHE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES r l 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. 4 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? F? f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? g. SIGNED AND DATED 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, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND 3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. OWNER'S/AGENT'S SIGNATURE DATE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (18g.)) 5 R w ?? s x °ruhl N II ? ? woo to r) 'R 0WyhA tb'?I R \ a y ? ?J s ?5 IIq ? UIR D•• I N Y O N II w !3 !J 10 h ?l O N n A N 0 b ? a IV " O N N ? (b V O ? U 10-0 O O ? 0 ° O r 'O o O O u ° r- o o F O ft, C V ?o w O 0 ° O N _ y h O LI ? ? k. T ° N W h O z -0 O I OOA o° O N z -1 ? ? 0 -n E v v lln m crYlu z z v 10,12 v -? a E rr 5 )ty Vl n O :0 1 l f i ?a O? n 0 o O Ln N 7 _ - r.-,, )lam m cn x z _ 0 12 of s. liw LL. O ti _ l I / h 1 h ? 1 Q 00 ? ?? r U) LL 0 J Q z O I- r? L / LL O W W ?' - ;lLL .r 1 X, Al 16 ol 77 ' +rcr F - "? .f iW r? r LWLI Ed O VVI '22 3 ?'O s I ? ??[7 `Z Y + w;;. ? 0? t } Alt" <,. ? ;? ,•t ? mod'. ? ?°:: " ?. uj a71ra a-13LUJHZ)N , r ti M N'. - MR MA; F f` U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 199702069 County McDowell GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property owner Arthur & Carole Bonham Address 5900 Holiday Shores Nebo North Carolina 28761 Telephone No. (704) 584-3773 Size and Location of project (water body, road name/number, town, etc.) Hwy 126 to Wildlife road to Wateeglvn, lot 33. on Lake James, in McDowell County. North Carolina. Description of Activity. Install 160 linear feet of riprap along eroding shoreline of Lake James. F? Applicable Law: __X _Section 404 (Clean Water Act, 33 U.S.C. 1344). (check all that apply) Section 10 (River and Harbor Act of 1899). Authorization: 198200030 Regional General Permit Number. Nationwide Permit Number. 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. For any activity within the twenty coastal counties, before beginning work you must contact the N. C. Division of Coastal Management, telephone (919)733-2293. 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 Official specified below. Date 18 November 1996 Corps Regulatory Official STEVE CHAPIN Telephone No. (704) 271-4014 Expiration Date of Verification 12/31/97 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW Form 591 Revised July 1995 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 December 27, 1996 Mr. and Mrs. Arthur E. Bonham 5900 Holiday Shores Avenue Nebo, North Carolina 28761 Dear Mr. and Mrs. Bonham: Subject: Proposed shoreline stabilization project along a section of Lake James associated with the Holiday Shores Subdivision, McDowell County, North Carolina In your letter of December 6, 1996, you informed us of the subject project. We have reviewed the project with regard to potential impacts to federally listed endangered and threatened species. The following comments are provided in accordance with the provisions of Section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the permit application attached to your letter, you are proposing to stabilize approximately 160 linear feet of shoreline along Lake James in the Watemlyn area of the Holiday Shores subdivision. The Service has no record of any federally listed endangered or threatened species in the immediate area of the proposed project. Thus, the Service believes the proposed project will have "no effect" on federally listed species. In view of this, the Service believes the requirements under Section 7© of the Act are fulfilled. However, obligations under Section 7 of the Act must be reconsidered if (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We appreciate the opportunity to review this permit application for potential impacts to federally listed endangered and/or threatened species. We have assigned our Log No. 4-2-96-129 to this project. Please refer to this number in all future correspondence directed to us concerning this matter. Sincerely, .?ar Brian P. Cole State Supervisor cc: Mr. Bob Johnson, U.S. Army Corps of Engineers, Asheville Regulatory Field Office, 151 Patton Avenue, Room 143, Asheville, NC 28801-5006