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.
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Morganton area, NC Jerry Haynie
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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