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HomeMy WebLinkAbout19971001 Ver 1_Complete File_19980512State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director 1 ? • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES May 12, 1998 Caswell County DWQ Project # 971001 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Gary Anderson 227 Pine Harbor Road Leasburg, NC 27291 Dear Mr. Anderson: You have our approval, in accordance with the attached conditions and those listed below, dredge 2,400 square feet of waters for the purpose of deepening a portion of Hyco Lake at your residence, as you described in your application dated November 14, 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 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 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 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 and any additional conditions listed below. 1. Spoil must be disposed of on an upland site rather than in streams or wetlands. 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 Raleigh Field Office Winston-Salem DWQ Regional Office John Dorney Central Files ince y, s n Howard, Jr. P.E. 971001.1tr 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 John D From: James Ronald (Ron) Linville [RON_LINVILLE@WSRO.ENR.State.NC.US] Sent: Friday, April 03, 1998 4:06 AM To: John Dorney Subject: Gary Anderson 401 Caswell Co. DWQ 971001 Please issue with standard language plus a requirement that spoil materials must be disposed of by utilizing sediment and erosion control practices on high ground and CAN NOT be disposed of in or near any stream or wetland. FYI: I think this guy runs a construction company. He had considered pushing spoil into neighboring area along stream and wetland based on our conversations. Think he understands that he can't do that now as it would be additional impacts. Thanks, Ron Q t V' _1Q R ?e V p m cz ? ?- 2 0 A ! C i Q Q ,O N 0 z x cu N O CL John_D From: James Ronald (Ron) Linville [RON_LINVILLE@WSRO.ENR.State.NC.US] Sent: Wednesday, March 04, 1998 7:29 AM To: John Dorney Subject: Gary Anderson WQ 971001 Caswell County WSRO has not received any 401 issuance on this request. Talked to Gary today and he indicated that he had talked to you and sent a FAX to you about his proposed activity. Anyway advised him not to proceed until he had 401 in hand. He intends to do in August if lake is down. Do I need to look at his sketch to make sure he will not fill wetlands next to stream or are you comfortable with his proposal? Not sure where this one went so wanted to follow up? To a person uninstructed in natural history, a country stroll is a walk through a gallery filled with wonderful works of art, nine-tenths of which have their faces turned to the wall. -Thomas Huxley 7 ?^y VVII? State of North Carolina Department of Environment, Health and Natural Resources • Division of Water Quality a James B. Hunt, Jr., Governor A9111111110 L IL Wayne McDevitt, Secretary C)E H" F1 A. Preston Howard, Jr., P.E., Director December 4, 1997 Mr. Gary Anderson 227 Pine Harbor Rd. Leasburg, NC 27291 Dear Mr. Anderson: Re: Dredging project Caswell County DWQ # 971001 The Division of Water Quality has reviewed your submittal for a 404 permit dredging a cove adjacent to your property in Caswell County. Your application was not complete since a location map was not included, so we could not find the site. Also the application did not list the name of the water body (#6). Please provide information regarding the location of your project, all existing buildings and streams/wetlands on the site. This information is needed by DWQ in order for us to decide whether this project is permittable. I can be reached at 733-1786 if you have any question. Until this information is received, this project is incomplete and will remain on hold. R. Dorney r Quality Certification ogram cc: Winston-Salem DWQ Regional Office Wilmington District of Corps of Engineers Raleigh Field Office Corps of Engineers Central Files 971001.hld Division of Water Quality - Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper John Dorney . From: James Ronald (Ron) Linville [niew331 @wsro.ehnr.state.nc.usj Sent: Wednesday, December 03, 1997 4:02 AM To: John Dorney Subject: Gary Anderson WO 971001 Before WSRO can comment on this we need to have a better sketch of the area including ALL existing buildings and streams/wetlands near this project. This project can probably be done by suction dredge or possibly by backhoe during the dry season; however, disposal of dredge material also needs to be addressed in his response. A wetland and stream(s) run to the left of his house and toward the lake. Please send letter asking for response and pl;ace project on hold until we receive. Thanks, Ron .......................................................................... Ron Linville @ WSRO 910/771-4608 x 265 "The things that will destroy America are prosperity at any price, peace at any price, safety first instead of duty first, the love of soft living,and the-get-rich-quick theory of life. This country will not be a permanently good place for us to live unless it's a good place for all of us to live." Theodore Roosevelt 9 1®01 OEM ID.. CORPS ACTION ID: NATIONWIDE PERMIT REQVESTED (PROVIDE NATIONWIDE PERMIT #); PRE--CONSTRUCTION NOTIFICATION APPLICATION i 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 MA,NAGF.MENTf p_ .> 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. OWNSRS NAME: 6.4XLi ?0/- 2 . MAILING ADDRESS: ??1fG?? n a SUBDIVISION NAME: R,(A1e Q/f CITY: STATE: dc' ZIP CODE: '?92211 PROJECT LOCATION ADDRESS,_IN?CL-U_DJIN?G SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): 2 ? 3. TELEPHONE NUMBER (HOME); (WORK) Z3/?3. 4.'IF APPLICABLE: AG EN 'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Y 5. LOCATION OF WORE: (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AERIAL PHOTOGRAPHY WITH SCALE): COUNTY: _ NEAREST TOWN OR CITY: Lelmb m , &c- SS t'd :bi :'SAI'nI'I I „9!i. b-11'1 9 3a H9131dN W 0 8 J 1. SPECIFIC LOCATION (INCLUDE OAD NUMBERS, LANDMARKS, ETC.): B!J Awl a elVER PACTED OR NEAREST-STREAM/RIVE : BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OVTSTAIgD G RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES { ] NO {:f IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF C ASTAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [Lj? 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) DESIGNATIQN? /V) 8a. HAVE ANY SECTION 404 PERMITS EN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ j NO [t IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS.'PERMST AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): 8b. ARE ADDITIONAL PERM REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?. YES t ] NO [pf IF YES, DESCRIBE ANTICIPATED WORK: 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 6L[fGOe- S 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2 10a, NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED /PROJECT BY: FILLING: -0- EXCA'VATIO.N': Oo (p®,?cry FLOODING: OTHER: DRAINAGE: TOTAL ACRES x0'8E IMPACTED: 1Ob, (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE D1SZA•NCE BOTH BEFORE AND AFTER RELOCATION) LENGTH BEFORE: FT AFTER: FT WIDTH BEFORE (based on normal high water contours): FT WIDTR AFTER: FT AVERAGE DEPTH BEFORE: FT, AFTER: FT (2) STREAM CHANNEL TMPACTS WILL RESULT PROM: (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? WHAT ZS THE EXPECTED POND SURFACE AREA? 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF' MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X Z1" DRAWINGS ONLY): 13 , PURPOSE OF PROPOSED WORK: 3 `cl I A QC -4,1 J[: t •.wf •t 1 14. S'TAT'E REASONS WHY IT IS BELIEVED THAT THIS ACTIVI'T'Y MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN T+O MINIMIZE WETLAND IMPACTS); YOU'ARt REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR--NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY iJ n ADDRESSES SHEET) -REGARDING THE. PRESENCE OF ANY FEDERALLY LISTED OR ?PROPOSED FOR LYSTING 'ENDANGERED OR'THREAT'ENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT •MAY-B&AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: (ATTACH RESPONSES FROM THESE AGENCIES.) 1 YOU AP, --nZUI-R-ED-T-0--CONTACT.•• THE STATE HISTORIC _'RESERVATION_9.FFxCER ?%c)?r (SHPO) (SEE AGENCY ADbZU-SES._.SHEET•)•••REGARDING THE PRESENCE OF HISTORIC PROPERTIES..-YN-TTI PERMIT AREA 'WHICH MAY BE AFFECTED BY THE-PROPOSED PROJECT. DATE CONTACTED;, 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [ ] NO [?! (IF NO, GO TO 18) oo, 'a• IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL, 'DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES j] NO ?a 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-•80031 TELEPHONE (91.9) 733-•6369. 4 90 11 9C:4, r 1-4.4.r •ur•r - I 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 MST 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 PL R I WHAT IS LAND USE OF SURROUNDING PROPERTY? , QU RED. v.4 f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? y b -------------- q• SIGNED AND. DATED AGENT AUTHORIZATION LETTER, I-F APPLICABLE. NOTE.* WETLANDS OR WATERS OF T' OT BE U.S. I) ISSUANCE OF A SECTION 404 CORPSAOFNENGINEEIMP RSAPERM PRIOR TO: IT, 2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF- 71 ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATIONAND 3) (IN TFtE TWENTY COASTAL COUNTIES ONL ' NORTH CAROLINA DIVISION OF COASTAL ? ' A LETTER FROM THE ACTIVITY IS CONSISTENT WITH THE NORTH CCAAGEMENT PROPOSED ENT PROGRAM., ROLZ A$COASTALT MANAGEMENT 4nw,,TR S/.AGENT'S SIGNATURE (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION LETTER FROM THE OWNER IS PROVIDED (I8g.)) 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