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HomeMy WebLinkAbout20041974 Ver 1_COMPLETE FILE_20041210Certification of Completion DWQ Project No.: l ^ / / County: Applicant: Project Name: LOT Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification ' I !l used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: 16 1 ??! as' Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Registration No. Date RV,79 D N U V WE': 5x44t?-- C--T IF Aa),ue.I P 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 December 30, 2004 DWQ Project # 04-1974 Burke County Jerry Haynie 4687 Dove Field Lane Kannapolis, NC 28081 Subject Property: Southpoint / Phase 1 / Lot #81 5102 Lighthouse Court Morganton, NC 28655 Approval Of 401 Water Quality Certification And Authorization Certificate per the Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional Conditions Dear Mr. Haynie: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact approximately 182 sq. ft. of waters and with no disturbance of protected riparian buffers for the purpose of shoreline stabilization on Lake James, to stabilize approximately 91 linear feet of shoreline, as described within your application received December 10, 2004. After reviewing your application, we have decided that the impacts are covered by the N.C. Division of Water Quality (DWQ) General Water Quality Certification Number(s) 3373 (GC3373). The Certification(s) allows you to use Regional General Permit No. 198200030 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0243. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Duke Power regulations and permits. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application, except as amended through the additional information process. 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. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: hftp://h2o.enr.state.nc.us/ncwetlands None hCarolma Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Jerry Haynie Page 4 of 4 December 30, 2004 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference Waters 182 square ft. Washed Stone Rip-Rap Apron 2. Diffuse Flow An additional condition is that non-erosive velocities through concentrate before discharging .0243(5). all stormwater shall be directed as diffuse flow at the protected stream buffers and will not re- into the stream as identified within 15A NCAC 2B 3. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 4. This approval is for shoreline stabilization for the installation of washed, native stone to stabilize no more than 91 linear feet of shoreline along Lake James. 5. Catawba Buffer Tree Protection - No trees shall be removed from Zone 1 of the Catawba Buffer unless they are directly within the construction access corridor. If trees are removed, forested vegetation shall be re-established within the construction access or other temporary impact area occurring in the protected buffer zone within the next growing season following construction of the project vegetated in accordance with Guidelines for Riparian Buffer Restoration (NCWRP 2001) (see attached). 6. Temporary Access Corridors - The proposed access corridor(s) must be the minimum width required to get the construction equipment to the shoreline and shall not exceed 4 feet in width. The number of access corridors should be limited to the minimum number required to get the construction equipment to the shoreline and shall not exceed a single corridor. The access corridor(s) should cross the buffer as close to perpendicular as practicable and disturbance to existing vegetation should be minimized. Jerry Haynie Page 4 of 4 December 30, 2004 7. No Impacts Beyond those in Application - No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 8. There shall be no net gain of real property under this authorization. The stone apron shall terminate at the original shore / water interface. Certificate of Completion - Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. Jerry Haynie Page 4 of 4 December 30, 2004 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Catawba riparian buffer protection rule as described within 15A NCAC 2B .0243. If you have any questions, please telephone Kevin H. Barnett at 828.230.8470. Sincerely, Ai4o? 156 Alan W. Klimek, P.E. AWK/khb Enclosures: Certificate of Completion GC 3373 cc: Burke County Planning Office Duke Power Lake Management, PO Box 1006, Charlotte, NC 28201-1006 USACE Asheville Regulatory Field Office Cyndi Karoly, 401/Wetlands Unit File Copy Central Files Filename: 041974. Haynie. Burke.issuedcert.doc Certification of Completion DWQ Project No.: V ! I ? IV County: Applicant: Project Name: Date of Issuance of Isolated Wetland Permit: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 160 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification I, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, 60 y* Pbrk _/ 140.5F / / LoT # E?/ Date: , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Signature: Registration No. Date Triage Check List Date: _ Project Name: DWQ#: CO -1914 County: &brk& TO: Jam-' ARO Kevin Barnett ? WaRO Tom Steffens and Kyle Barnes ? FRO Ken Averitte ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb ? RRO Mike Horan From: 9 . L?Ae Telephone : (919) 73-s '516- The file attached is being forwarded to dour for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps ? Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, ata a, Randleman) ? Pond fill ? Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? ? Check drawings for accuracy ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: 0-? -,Mhov" v-ta I Iff" a ` d? 4x F1,_a - A6 -•!' 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 to: Division of Water Quality Wetlands Unit 6?O V 1650 Mail Service Center L9 D Raleigh, NC 27699-1650 04A974 D DEC 1 0 2004 I. Applicant Information DENR - WATER QUALITY 1. Owner/Applicant Information WETUWDS AND STORMWATER BRANCH ?,. Name: Mailing Address: Telephone Number: E-mail Address: MR. JERRY HAYNIE 4687 DOVE FIELD LANE _KANNAPOLIS, NC 28081 704-425-5474 Fax Number: ?s 2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: MRS. SUE HARMON Company Affiliation: -PERMITS, ETC. Mailing Address: _P.O. BOX 234. BOILING SPRINGS, NC 28017 Telephone Number: _704-434-0706 Fax Number: _704-434-7100 E-mail Address H. Project Information _permitsetc@carolina.rr.com 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 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. Jerry 6vnie, 1. Location County: _BURKE Nearest Town: MORGANTON Subdivision name or site address (include phase/lot number): SOUTHPOINTE / PHASE 1 / LOT #81 5102 LIGHTHOUSE COURT, MORGANTON, NC 28655 Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate vicinity map is included): FROM MORGANTON TAKE HWY 126 W / LEFT ON SOUTHPOINTE DR. / RIGHT ON LIGHTHOUSE CT. 2. Describe the existing land use or condition of the site at the time of this application: THIS IS A VACANT, WOODED, RESIDENTIAL LAKE LOT. 3. Property size (acres): _0,89 ACRES 4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES 5. Describe the purpose of the proposed work: _TO STABILIZE THE SHORELINE AND PREVENT EROSION BY APPLYING RIPRAP TO 91 FEET OF SHORELINE. THE RIPRAP WILL BE 4-5 FEET IN HEIGHT. 6. List the type of equipment to be used to construct the project: A BARGE, BACKHOE AND HAND TOOLS. 7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the normal pool lake level in square feet or acres: 2 FT. X 91 FT. = 182 SQUARE FEET 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: -NONE. A BARGE WILL BE USED. 8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted (number of trees for instance): NO TREES WILL BE REMOVED. NO EQUIPMENT WILL BE USED IN THE BUFFER AREA. Applicant/Agent's Signature U Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) .......... ,Sauth pc??n? ?t Lake (Full Pond) y Full Pond Shorellne ?akuKL rj please approximately sketch t ons for each item, such as 10 ft. x100 flan (please provide dimens . . 1) all proposed vegetation clearing (provide dimensions) bitbove the "Normal pool" eleYatiOn 2) Location of rip rap or iiq to be placed elow the "Normal pool* elevation 3) Location of rip rap or fill to be plat a) The location of any proposed structures such as buildings, retaining walls, docks, etc, 5) The location of any excavation or dredging below the "Normal Pool" elevation, 6) Location of construction access corridors, U No bu4er area. Oi12319$ J?:? FAj 704 a: 5429 CRESCENT RESOURCES sule. I 100 A ayv" V-17 \ i I1 / 1 ? `rte si jF, GRAPHIC SCALE U L s in-h * ) rU Z003 le" 99nie SouifiN O Ut SI Z 41 X's -Show 91 linear beef d riPfaPi 4 -S ?ee? 1n - Proj?c} vJi l l I? d c n ' 1151 n Q hC+ r( e ra, r.?.o »o +xr r I? ? PI'S sF J ? ? 79 1 , PIER ZONE MAP FOR: ' LOT'S 79, 80, 81. 82. 83, 84 LLWO p n,o? latmm !1G 08/23/99 13:53 TX/RX N0.1919 P.003 m Morganton area, NC Jerry Haynie 1<1 41 I1 -11 'f . 1244 1243 126, Jerry Haynie f I 1248 ;126 i ' SoulhPolnte / Lot 81 Morganton, NIC 29555 p _.., NC Lathide 35.76665 126." _ f Pisgah National ?orsst Longltude -81.83663 " t z 128f''.. 1233,' A\ ,r Rd-' 1 .230. 1 .: 1226 t (1296 ' Leke'James ll j126= =, ?' 111 >l ?? 1234}- t 1236,, 1223. 0 mi 0 5 1 17 2 2.5 Copyright O 1988-2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:ttwww.microsoftcom/streets O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarkebng Data and Systems Ltd. `Terry q"Ole) SCLAPoinfe l Ltg qi To: North Carolina Division of Water Quality I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my application for shoreline stabilization. Signature (s) Date ?Z C 06 Duke 0 Power, December 2, 2004 Ms. Cyndi Karoly NCDENR Division of Water Quality 2321 Crabtree Boulevard Raleigh, North Carolina 27604 Dear Ms. Karoly: DUKE POWER P.O. Box 1006 Charlotte, NC 28201 -1006 Jerry Haynie owner of lot 81, SouthPointe subdivision, located on Lighthouse Court near Morganton, on Lake James in Burke County, would like to apply for shoreline stabilization of his lake lot. I have made a site visit to this lot. I will be happy to review his application for shoreline stabilization. His application must include approval from your agency and the U.S. Army Corps of Engineers. Please call me if you have any questions at 704-382-8577. Sincerely, J. Wade Harmon Lake Management Representative www. dukepower. com STATE OF NORTH CAROLINA DIVISION 2321 CRABTREE BLVD. PARKVI RALEIGH, NC 27604 PERMITS, ETC. P.O. BOX 234 BOILING SPRINGS, NC 28017-0234