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HomeMy WebLinkAbout19971008 Ver 1_COMPLETE FILE_19971117State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director D E N R December 31, 1997 Jackson County WQC 401 Project #971008 APPROVAL of 401 Water Quality Certification Mr. Robert Charlton Cedar Creek Racquet club PO Box 1805 Cashiers, NC 28717 Dear Mr. Charlton: You have our approval, in accordance with the attached conditions, to dredge spoil material from 0.7acres of waters for the purpose of deepening parts of an existing lake at Cedar Creek Racquet Club, as you described in your application dated November 12 1997. 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 it is issued by the Corps of Engineers. 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. Also 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 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). 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 919-733-1786. Sincgrely, U " res on Howard, Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Asheville Field Office Asheville DWQ Regional Office _;?• oriey Central Files 971008.1tr Division of Water Quality • Non-Discharge 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 MEMORANDUM PRINT NAMES: Reviewer: A;. a„ CO : JOHN DORNEY WO SUPV.: n r..> ENVIRONMENTAL SCIENCES BRANCH DATE: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) **'^ PERMIT YR: APPLICANT NAME: PROJECT TYPE: _OE Ir : RCD_FROM _CDA: REG OFFICE: ZIVER_AND_SUB_BA 97 CEDAR SILT COE ARO SIN J: PERMIT NO: 0001008 COUNTY: JACKSON CREEK RACKET CLUB tEMVL FROM LAKE PERMIT TYPE: IND DOT #: DATE FRM CDA: 11/17/97 031302 STR INDEX N0: 4-13-(0.5) STREAM-CLASS: C - Trevt WL_IMPACT?: Y/© WL_REQUESTED : go WL_SCORE (fir) : WIA MITIGATION? : Y/O MITIGATION-SIZE:/i/4 WL TYPE: VA WL_ACR EST?: Y/® WATER IMPACTED BY ON MITIGATION-TYPE: None DID YOU REQUEST MORE INFO?: Y/?D IS WETLAND RATING SHEET ATTACHED?: Y/0 9 ? 5CIP HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:(q/N RECOMMENDATION (Circle One): SSUE SSUE/COND DENY COMMENTS: ,aka con?:?ro?• ye as ?ti•???. Aar( elk??1-r'v.? ?? `?e i o Rye.,p,,t rots ed srJ,'.x,0y%tS. _S P_d?,..e^r'S a1wt YeMOQe, F y O M =??• - ? ?i p v ? a v f ? D? ?. + ( a ? r r?la6e ? M! / 9 9 '? w : 1 `1 no ?OuJrSTrI?? : MA 4N C is . ?(aft _S slut ToLAkIt -7j ey%e ?n'f1re?1 Jf "h lg9l( so y(?e,.r ('(,ou(a ?A f1o ?YDble?S'. (Q14 Doegag r) w? -c: Regional Office Central Files l' R TRIAGE CHECKLIST Project Name: Project Number: County: N?o The attached project has been sent to you for review for the following reasons. Please consider whether a site visit is needed to determine the impacts. Particular attention should focus on the below checked items. Please feel free to call the central office staff member assigned to your region if you need assistance. Stream length impacted. - Stream determination (i.e. intermittent or perennial, or any channel present). - Wetland impact and distance to blue-line surface waters on USGS topo map. - Minimization/avoidance options. - NW 14. (is access to highground or wetlands)? Neuse buffer rules. Pond (water) fill (i.e. is the pond drained or holding water)? - Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and channels (if any) so that the central office can determine. - Mitigation ratios. - Stormwater pond placed in wetlands. Ditching in wetlands. Is the applicant's proposed stream/wetland mitigation site available and viable? Applicant/consultant has a history of non-compliance (check drawings and application for accuracy). Has project been split from previous work to avoid mitigation requirements? Consistent with pre-application meetings? Cumulative impact concerns. OTHER Vlo(iV (Wy l pier l f Cedar Creek Racquet Club P.O. Box 1805 Cashiers, North Carolina 28717 (704) 743-9380 November 12, 1997 Mr. David Baker USCOE 37 Battery Park Avenue Asheville, NC 28801 Re: Silt removal, Cedar Creek Lake Dear Mr. Baker: 971008 RECE UED NOV 1 ? 1997 ENVIRONMENTAL SCIENCES Pursuant to previous discussions, Cedar Creek Racquet Club, Inc. proposes to remove silt from a portion of Cedar Creek Lake. Enclosed you will find a copy of the executed application for this project and a drawing depicting the proposed activities. Also enclosed is a copy of the project completed in 1994 plus a drawing. This proposal consists of the removal of silt from a portion of the lake via the use of track equipment. We will be using the same contractor who completed this project in 1994. The rtion of the lake re uirin silt removal ' a roxim%ely.5 res in area. The lake level will be drawn down prior to any material being removed from the lake bed. Silt will be removed in the affected area to an average depth of 3.5 to 4 feet. We are proposing to place the silt material taken from the lake bed on the shore near the point of removal. This material will then be spread and seeded. The area where the material is placed will be encircled with silt fencing, silt fence material to be MIRAF I 100K, or equal. I trust that you will find the submittal to be in order. Please do not hesitate to call with any questions or comments you might have. Sincerer Robert Char ton Director Cedar Creek Racquet Club (704) 743-2767 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT 9 7 1 V Z3 OMB APPROVAL NO. 0710-003 I 133 CFR 3251 y _ Expires October 1996 Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send ?mments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED .. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE ton agent is not requiredl 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS C- ? .e2S c?3 C_ -1 X7\ a. Residence I a. Residence b. Business b. Business 1 1. STATEMENT OF AUTHORIZATION I hereby authorize, ?,?? to act in my behalf as my agent in the processing of this application and to furnish, upon egyest, supplemental information in support of this permit application. Z ? /J - S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) 13. NAME OF WATERBODY, IF KNOWN afappacabtel 14. PROJECT STREET ADDRESS afapplicable; r.?z-Scr?ve s ?.,.x?t? ?•Z.???2, 15. LOCATION OF PROJECT COUNTY STATE N JN C. 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, lsee instructlonsl 17. DIRECTIONS TO THE SITE l'Lti rn?\?S 18. Nature of Activity (Description of project, include aff features/ r ? • Qe..,? ? `: a,..? E `Tc S . L.' ?. ?zL..? •? l? wti\ ?- o ? S• ? `?J..G v L S%q.?. ¢.?? ?2u J ?C` ? 19. Project Purpose /Describe the reason or purpose of the project see instructions) USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge .1 tv v J`v C21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards 22. Surface Area in Acres of Wetlands or Other Waters Filled iseeinstructionsl 23. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED 0,3Q, 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described i this pplicat' . I certify that the information in this application is complete and accurate. 1 further certify that I possess the author' u d? t work scribed herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICAN DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. U. S.GP0;1994.520.478/82018 i i ? A G 1 (y J ' . DEA ID: ACTTON ID: Nationwide Permit Requested (Provide Nationwide Pe,= t JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WM&ff iGL ON DL=CT E JGINEiR CORPS OF LNGINF*CRS DEPAR7NIiE'vT OF THE ARMY P.O. Box 1890 Wilmington, NC 25402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WAT r""R QUALITY PLANNING DIVISION OF EIVIRONMENTAL MANAGE- "T NC DEPARTMENT OF ENVIRONMENT, HI=ALTH, AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 A=: MR JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO TtM N.C. DIVISION OF EN'VIRONMEtiTAL 1'V1A.NAGEI :ti T PLEASE P U1,17. I. Owners Name: CEDAR CREEK RACQUET CLUB INC. 2. Owners Address: P.O. Box 1805, Cashiers, NC 28 717 3. Owners Phone Number (Horr.e): (Work): 704-743-9380 4. If ADD1iC30IC: Agent's name or responsible corporate ornc4al, add=s, phone nursiaec a Star =-r-+- Club Manacer 5. Lccadon of work M- TST ATTACH.1vLA.P). County: 7, f-k or Nearest Town or City: Specific Location (Include read numbers, landmarks, e::,.): Highway 64 west and adjacent ,` Re s;; L V \. r 6. Name of Closest StrearrJRiver e 7. River Basin: Caz)=nnar+ 8. is this proiect iocat:d in a watershed classified as Trout, SA, I Q1,W, ORW, WS I, or'vVS 11? ES X j i`i0 [ J 9. Have any Section 404 per.-nits been previously requested fcr•use en this property? YES [ J NO $-3 If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed proje- : Filled: Drained: Flooded: Excavated: .7 Total Impacted: 12 De=iption of proposed woric (Attach PLANS-S 12' X 11' drawings only): Removal of silt from a portion of the upper end of Cedar Creek Raccruet Cijor r.ak- IS. Purpose of proposedwo&- Restoration/maintenance of lake 14. State reasons why the applicant believes that this activity must be carried.out in wetlands. Also, note measures taken to minimi?? wetland impacts. IS. You are required to contact the U.S. Fish and VIEdlife Service (USFWS) and/or National Marine.Fisheries Service (MIMES) regarding the presence or any Federally listed orproposed forlisting endangered orthreatened ssccies or critical habitat in the permit area that may be afocted by the proposed project. Have you done so? YES (J NO [ j RESPONSES FROM THE US'cWS Alves/OR NMFS SHOULD BE FORWARDED TO CORPS. 16. You are reouired to contact the State Historic Presereadon Officer. (SHPO) regarding the presence of histodc procemes in the permit area which may be affected by dhe proposed project? Have you done so? = [ J 11" i J RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DE'vi: A. Wetland delineation map showing all wetlands, sti =, and lakes on the property. B. If available, representative photograph of wetlands to be impacted by project. C. If delineadon was performed by a consultant, include all data sheer relevant to the placement of the delineation line. D. If a stotmwater manage Lent plan is rwuired for this project, attach copy. E. What is land use of suecummn? property? Residential F. If apoiicable, what is propose- d me-,;-,cd of sewage a" al'? ey Owner's Siz-natur Date y r ?a •. f tr3 `????? ?• ,......,• • ?/? iii i ?.Ia _ ? Z 4t ? C7 - 7 '3 fl Q (? s? Q • ? II $ IRE egg" ? m l 0 a x 0 f cD try ? N m C ?t3 • • : .1 . • : . : • . . • f•2 47 ? ? f ill H a p 12/03/1997 15:06 7042516452 IEMOK '0! ;UBJE PAGE 01 NAMES: ? viewer : S'UP'V. : DATE,.f%M NOT APPLICABLE) PRINT ReWQ IONS (USE N/A FOR PERMIT YR: 97 PERMIT NO:- 0001008 COUNTY: JACKSON APPLICANT NAME: CEDAR CREEK RACKET CLUB PROJECT TYPE : SILT REM'V'L 1rXOM LAKE PERMIT TYPE : IND COE #: DOT # RCD_FROM Ci5A: COE DATE_„FRM CDA: 11/17/97 REG OFFICE: ARO :IVER _ANA_SUB_BASIN # : 031302 STR TWEK PTO : 4-13-(0.5) STRRAM CLASS : C , Te&to t WL_IMPACT?: Y/9) WL,,,.,REQUESTED : t;f WL_SCORE (#) : N11A MITIGATION?: Y/O MITIGATIONT SIZE: NJ/4 WL_TYPE: MA WL_ACR_EST?: Y/O WATER IMPACTED BYI.z4-1!rT,? : &N MITIGATION-TYPE; A/04e DID YOU REQUEST MORE INFO?: Y/m IS WETLAND RATING SHRET ATTAC.fMD? : Ye HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: 01N RECOMMENDATION (Cix'c1. Ono): SSUE SSUE/COND DENY COMMENTS : Rjj r E1 AA, 0annaftz a] ' l ft p v A 1 e f a 0 '1t? f S ?, , e?e.la? Jet 14144 61.`'? h 7 ttd ?o_??i??rd?'ets [?taVi5 avr rs.?orV.t sr.,,r Se °f?e r _f`l ou« Le na titre b?er?+s. `?`? Q?p 9 c: Regional Office Centr=al Files ***EACH ITEM MUST BE ANSI DEM ID: Nationwide Permit Requested (Provide Nationwide Perms #). ACTION ID: JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 WiImingtoa, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OFENVIRONMEIvTAL,MANAGE?= NC DEPARTMENT OF ENVIRONMENT, HEALTH. AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES SHOULD BE SEMI' TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEME;V-T. PT ??:SE PP..T?rT: 1. Owners Name: CEDAR CREEK RACQUET CLUB INC. 2. Owners Address: P. 0. Box 1805, Cashiers, NC 28717 3. Owners Phone Number (Home): (Work): 704-743-9380 4. If Applicable: Agent's name or responsible corporate oficial, address, phone number; n h? c+a,a7 t ('1 ub Manaaer . 5. Location of work (MUST ATTACH.y1AP). County: _ 7 a r><s o n Nearest Town or City: >`rr- i Specifnc Location'(IncIude road numbers, landmarks, e,..): Highwav 64 west and adjacent L t Read- &0 6. Name of Closest Stream/River. u r? ?„a +,,,-o Ri vAr 7. River Basin: savannah - 8. Is this project located in a watershed ciassiued as Trout, SA, HQtiv, ORW, WS 1, or WS il? r EES XL] NO [ ] 9. Have any Section 404 permits been previously requested fcr'use on this property? YES [ ] NO $.1 If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 11. Number of acres of waters of the U.S., incIudin; wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: - 7 Total Impacted: 12 Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only). Removal of silt from a portion of the upper end of Cedar Creek Racauet r1uh T.akP 13. Purpose of proposed work: Restoration/maintenance of lake 14. State reasons why the applicant believes that this activity must be carried.out in wetlands. Also, note measures taken to minimi-ir wetland impacts. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine. Fisheries Service (NIiIFS) regarding the presence or any Federally listed orproposed forlisting endangered orthreatened species or critical habitat in the permit area that may be affected by the proposed project Have you done so? YES [ J NO [ J RESPONSES FROM THE USFWS AND/OR NNIFS SHOULD BE FORWARDED TO CORPS. 16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic properties in the permit area which may be affected by the proposed project? Have you done so? YES [ J i,TO [ J RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS. 17. Additional information required by DEM: A. Wetland delineation map showing all wetlands, streams, and lakes on the property. 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. If a stormwater management plan is required for this project, attach copy. E. What is land use of surrounding property? Residential F. If applicable, what is proposed method of sewage sal? Owner's Signature Date ?? o? .U v° c 1 ? r y 1 ° f J ?? 1 .::: M,a ,Y •? ca p 9P b 0 0 rat A At a -i fill 0 a ? m 14 _ I l cD ? ?? ov dQ 00 n ? / f) a r O ?i v • a r 0 » H??1?1+1H?1 4 P