20030069 Ver 1_COMPLETE FILE_20030124

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January 31, 2003
Mecklenburg County
DWQ Project #: 03-0069
APPROVAL OF 401.Quality Certification with ADDITIONAL CONDITIONS
David Allen
4926 Plum Nearly Lane
Charlotte, NC 28211
Dear Mr. Allen:
You have our approval, in accordance with the attached conditions to impact 0.07 acres of waters
for the purpose of shoreline stabilization at Cozy Cove Road, Lot #'s 79 & 80 on Lake Wylie as you
described in your application dated January 6, 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 hLtp:flh2o.enr.state.nc.us/ncwetlands. This certification allows you to use
General Permit Number 198200030 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 CANIA 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. 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.
2. This project is for the installation of riprap to prevent further erosion of the property due to
wave action. The use of mechanical equipment on the beach must be minimized.
3. 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.
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
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
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)
[phone] (phone), 919-733-6893 (fax), (hftp://h2o.enr.state.nc.us/ncwetiands
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
,lime, P.E.
cc: Corps of Engineers Asheville Field Office
Mooresville DWQ Regional Office
File copy
Central Files
Derrick Gillespie, Gillespie Landscaping, 415 Bethel Hill Road, Clover, SC 29710
Euw:tt I'm Aimms & 11NNNSI E:IN 1..1..1!
Altorueys and Counselors at Law Three Wachovia Center
David N. Allen Suite 3000
Partner 401 South Tryon Street
Telephone: [phone] Charlotte, NC 28202-1935
Direct Fax: [phone] Telephone [phone]
[e-mail] r Ilf?? t?/ !,' F?7 r Fax [phone]
C4.1C1
U www.parkerpoe.com
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December 10, 2002 40 -
JAN 2 4 2003
North Carolina Division of Water Quality
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Ol1rS[.Il(S?CTIO?J
To Whom It May Concern:
This will confirm my authorization for work to be performed and completed by Gillespie
Landscape and Grading, Derrick Gillespie as Agent, to the shoreline of my property located oil
Cozy Cove Rd at Lake Wylie, Mecklenburg County, North Carolina.
Please contact me
DNA:jgp
COLUMBIA, SC
RALEIGH, NC
SPARTANBURG,SC
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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 En{;ineers Permit
GP30. This Application cannot be used for wetland or stream i'Apacts. 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 to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
1.
Applicant Information
1. Owner/Ap
Name:
JAN 2 4 2003
WeTLAAw" GROUP
,,..„MN?ATfi7 UALITY SECTIrI,
2. Agent Infonnation (A signed and dated copy of the Agent Authorization letter
must be att ched if the Agen has signatory authority for the owner/applicant.)
Name: ?' ?? 1 1 L K 1l I I I rl .C A 12'
Company Affiliation: I I t° S /? I L'O ? ,
ilin Address:
Telephone Number: Fax Number 1U 7 ??_
E-mail Address:. L,
II. Project Information
Attach a vicinity map clearly showing the location of Lhe property N ,.h respect to
local landmarks such as towns, rivers, and roads. Aiso provide t detailed site
plan showing property boundaries and development in relation to
surrounding properties. You may use the diagram below to trn., xe - i hand sketch of
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your project. Also, see the example below for guidance. Both the vicinity map and
site plan must include a scale and north arrow. The footprints of all buildings,
impervious surfaces, or other facilities must be included.
1. Location
County: Nearest Town:
Subdivision name or site ad ss (include phase/lot number):
Directions to site please include road numbers, landmarks, etc. (This is not
necessary if an adequate vicinity snap is included):
2. Describe the existing land use or condition of the site at the time. of this
application: w;.L to cl r,?rr• .-,,r,"' /,a r
dc?./? .,h it 47wL.•G..?l
I Property size (acres): / Z 6 4. «} I a f
4
5. D
6. List the type of equipment to be used to construct the project:- _ba"-r &cAjQ-IAz_
Amount of impact (including all excavation, backfill, rip rap, retaining walls,
etc.) below the normal pool lake level in square feet or acres: Ise -A, ACT
8. a. Amount of impact (including all clearing, back fill, excavation, rip rap,
retaining walls, etc.) above the normal pool lake level and 50 feet land-ward in
square feet or acres: 8 h ya a 1?T
b. Please describe vegetation above the normal pool lake level and0 feet land-
ward to be impacted (number of trees for instance): u ,,,d e _ Rv,.s 1, 3 fia fef
u? i_?,-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Nearest body of water (streain/river/sound/ocean/lake): I_a ?y
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Please approximately sketch the following information on this plan
(please provide drnenslons for each Item, such as 10 h. x 100 ft):
1) All proposed vegetation cleating (provide dimensions)
2) Location of rip rap or fill to be planed above the Full Pond elevation
3) Location of rip rap or fill to be planed below the Pub Pond elevation
A) The location of any proposed structures such as bulldings, retaining
wallsp docks, etc.
6) The location of any excavation or dredging below the Full Pond
elevation.
6) LocWon of construction access corridors.